Missouri Small Estate Affidavit Checker

The rare state where the house can count — toward a low cap

Straight from the statute: RSMo 473.097 covers "an estate which consists of personal property or real property or both personal and real property," with a single $40,000 ceiling on the entire estate, less liens, debt, and encumbrances. Unlike Georgia, North Carolina, Tennessee, Arizona, Indiana, or Washington in this same series, Missouri never carves real estate out of the calculation — it's just that $40,000 rarely covers a house plus anything else.

Jointly-held property is still excluded

Property held by the decedent as a tenant by the entirety or joint tenant at death isn't counted as "property of the decedent" for this calculation — only what actually passes through the estate counts toward the $40,000 figure.

A bond, and publication above $15,000

The affiant generally files a bond not less than the value of the personal property, unless the court finds it unnecessary. If the estate's value exceeds $15,000, the clerk also publishes a notice to creditors once a week for two consecutive weeks in a qualifying local newspaper.

Filed with the clerk, not just handed to a bank

Unlike some states' purely private-party affidavits, Missouri's version is filed with the clerk of the probate division, who issues a certificate confirming the distributees' entitlement — and for real estate specifically, that certificate is recorded with the Recorder of Deeds in each county where the property sits.

Statewide limit, 115 counties

The $40,000 threshold and 30-day wait apply identically in St. Louis, Jackson, St. Charles, Greene County, and every other Missouri county — only which local recorder handles any real estate piece varies.

Missouri small estate — frequently asked questions

What is Missouri's small estate affidavit limit?

$40,000 or less for the entire estate, less liens, debt, and encumbrances, under RSMo 473.097 — and unlike most states, this figure includes real property, not personal property alone.

Does Missouri's small estate affidavit really include the house?

Yes, legally — RSMo 473.097 explicitly covers estates consisting of personal property, real property, or both. In practice, though, most houses alone exceed $40,000, so this route mainly helps genuinely modest estates, house included.

How long do I have to wait to use Missouri's small estate affidavit?

At least 30 days after the date of death, with no application for letters or administration pending or granted.

Does Missouri's small estate affidavit require a bond?

Generally yes — a bond not less than the value of the personal property, approved by the probate judge or clerk, unless the court finds it unnecessary.

Is there publication required for Missouri's small estate affidavit?

Yes, if the estate's value exceeds $15,000 — the clerk publishes a notice to creditors once a week for two consecutive weeks in a qualifying local newspaper.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Missouri statute (RSMo 473.097). Actual eligibility depends on the estate's full facts. Confirm with the Probate Division or a licensed Missouri attorney before acting.