What the rule says
Missouri provides a streamlined alternative to formal probate for small estates. Under Mo. Rev. Stat. § 473.097, a successor can collect personal property of a Missouri decedent without going through formal probate, if:
- The total value of the personal property does not exceed $40,000 - The decedent has been dead for at least 30 days - No application for administration has been granted - The successor presents an affidavit
What this means in practice
Key practical points:
- 30-day waiting period. - $40,000 threshold counts personal property only. Lower than many states' thresholds. Real property requires separate procedures. - Joint property and beneficiary-designated assets are not counted. - Court involvement. The Missouri procedure typically involves filing with the probate court.
How this fits with MO's other tools
Missouri offers several alternatives to formal probate:
- Small-estate affidavit (§ 473.097): Personal property up to $40,000. - Independent administration: Streamlined formal probate. - Supervised administration: Court-supervised when warranted. - Beneficiary deed (Mo. Rev. Stat. § 461.025): Missouri's transfer-on-death deed for real property — covered separately as Missouri's distinctive rule.
What you can do about it
For a survivor of a Missouri decedent:
1. Calculate personal property value. Stay within $40,000. 2. Wait 30 days from death. 3. Prepare and file the affidavit. 4. Distribute property.
Who this affects most
MO's small-estate affidavit is most relevant for survivors of Missouri decedents with very modest probate estates. The $40,000 threshold is among the lower in the country, so many estates require formal administration. Beneficiary deeds and beneficiary designations can keep significant property outside probate.