Missouri Small Estate Affidavit | Affidavit of Heirship
In Missouri, an individual’s estate will go to probate court unless the matter is delayed for a year. If a loved one or another successor wants to claim ownership in that first year, and sometimes even after that, they can file an affidavit of heirship, which in Missouri is the same proceeding as a small estate affidavit. Both cover real estate, and the entire estate must value at $40,000 or less. If there is personal property such as cars, heirlooms, or bank accounts, a different document called the Petition for Determination of Heirship must also be filed to claim that property, and the value cannot raise the estate’s value over $40,000.
Affidavit of Heirship: In Missouri, the affidavit of heirship and the small estate affidavit essentially work the same way – both cover real estate and not personal property. If successors file a Determination of Heirship, they can claim personal property such as bank accounts as well.
Small Estate Affidavit: If a loved one passes away in Missouri without a will, then successors may file either a small estate affidavit or an affidavit of heirship – in Missouri, these affidavits work the same way.