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MO · Circuit Court — Probate

Missouri

Small-estate-affidavit threshold and procedure under § Mo. Rev. Stat. § 473.097.

Verified 2026-05-04
Aggregate (personal + real)
$40,000
statutory cap
30-day wait

Statute covers personal AND real property — design realProp:false was wrong.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Missouri's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Statute covers personal AND real property — design realProp:false was wrong.

Waiting period
State requires 30 days to elapse from date of death before filing.
Real property
Eligible — included in calculation

Statute: "distributees of an estate which consists of personal property or real property or both… are entitled."

03

Where to file

File with the Circuit Court — Probate in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Missouri judicial system operates an authoritative court locator.

Find your county’s Circuit Court — Probate via the Missouri judicial council website. Search for “Missouri Circuit Court — Probate county locator” or visit the state government court directory.

Note: in Missouri, the small-estate affidavit is generally presented to the property holder (bank, brokerage, registrar) rather than filed with the court. The court named above is the venue for related probate matters and any contested questions.

04

Form & statute

Form
  • Affidavit to Establish Title to Personal Property
Statute
§ Mo. Rev. Stat. § 473.097
https://revisor.mo.gov/main/OneSection.aspx?section=473.097
small-estate procedure