After a death in Missouri

Small estates

Small estate affidavit (RSMo 473.097): at least 30 days after death, when the whole estate less liens and debts is $40,000 or less and no letters have been applied for, a distributee files the affidavit with the probate division of the circuit court.

• Limit: $40,000
• Waiting time after the death: 30 days
• Source: the official source

Probate court

In Missouri, estates are handled by the Circuit Court, Probate Division, of the county, usually in the county where the person lived.

Creditor claims: 6 months after the first publication of the notice to creditors. All claims are barred 1 year after death.

Official court forms

Probate Court Forms - Missouri Courts

Missouri Courts statewide probate forms, including small estate affidavits for estates of $40,000 or less.

Small estate form: open the form

There are separate small estate forms for estates with a will and without a will. Contact the probate division in the county where the person lived.

Estate and inheritance tax

• State estate tax: No. Missouri has no estate tax.
• Inheritance tax: No. Missouri has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Beneficiary deed (RSMo 461.025). It must be recorded with the county recorder of deeds before the owner dies.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the testator and two competent witnesses. It can be made self-proved with an affidavit before a notary.

Handwritten wills: Handwritten wills without two witnesses are not valid.

Power of attorney and health care directive

Financial power of attorney: Durable Power of Attorney Law of Missouri (RSMo 404.700 and following). A durable power must be in writing, say it is durable, be signed by the principal, and be notarized. Missouri has not adopted the Uniform Power of Attorney Act.

Health care directive: Durable power of attorney for health care (RSMo 404.800 and following), which must be notarized, and a health care declaration or living will (RSMo chapter 459), signed in front of two witnesses.

Death certificates

Certified copies come from the Missouri Department of Health and Senior Services, Bureau of Vital Records, or a local public health agency. The funeral home can usually order them for you.

Fee and eligibility rules could not be confirmed.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Missouri beneficiary deeds let a home pass outside probate. Missouri has no estate or inheritance tax.