Missouri small estate
Missouri small estate limit
Missouri's small estate affidavit limit is $40,000 after liens and debts. Heirs can use it 30 days after the death without opening a full probate case (Mo. Rev. Stat. § 473.097).
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Missouri's small estate affidavit limit is $40,000 after liens and debts. Heirs can use it 30 days after the death without opening a full probate case (Mo. Rev. Stat. § 473.097).
General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.
Small estate affidavit (Mo. Rev. Stat. § 473.097)
| Limit | $40,000 |
| What counts | Value of the whole estate, minus liens, debts and encumbrances. |
| Waiting period | 30 days after death |
| Statute | Mo. Rev. Stat. § 473.097 |
No one can have applied for or received letters. The person signing the affidavit must also file a bond (a kind of insurance that protects heirs and creditors) worth at least the value of the personal property, approved by the judge or clerk.
Common questions
What is the small estate limit in Missouri?
The limit is $40,000 for the small estate affidavit (Mo. Rev. Stat. § 473.097). No one can have applied for or received letters. The person signing the affidavit must also file a bond (a kind of insurance that protects heirs and creditors) worth at least the value of the personal property, approved by the judge or clerk.
What counts toward the Missouri limit?
Value of the whole estate, minus liens, debts and encumbrances.
How long do you have to wait to use it in Missouri?
You have to wait 30 days after death (Mo. Rev. Stat. § 473.097).
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Sources
- Mo. Rev. Stat. § 473.097 — Missouri Revisor of Statutes
We last checked the statute text against the official publishers in August 2026.