Small Estate Check.

Missouri probate code · checked October 2026

Missouri Small Estate: The Limit, the Tracks, and the Form

For money and belongings, Missouri's affidavit limit is $40,000 — applied to the estate after the assets that pass automatically are taken out. Missouri's $40,000 cap is on the ENTIRE estate — real and personal property combined, less liens and encumbrances — and the same filed affidavit proceeding covers both. The affidavit, where one exists, cannot be used until 30 days have passed since the death.

Run the free Missouri check

The Missouri line, in facts

The affidavit limit today: $40,000, judged by the law in force on the date of death.

How it moves: filed with the court — a court paper, not an envelope.

The wait: 30 days after the death before the affidavit can be used.

For a surviving spouse: No different $40,000 cap for a surviving spouse under 473.097; a spouse (or guardian of minor children) may instead seek Refusal of Letters under 473.090 for an estate not exceeding exempt property plus the family allowance - no fixed dollar cap.

The tracks in Missouri

TrackLimitHow it works
Small-estate affidavit$40,000Filed with the court.
Refusal of Letters (RSMo 473.090)—Refusal of Letters (§ 473.090) is the probate division's alternative order for very small estates.

What catches families in Missouri

Vehicles in Missouri

Vehicles are personal property within the $40,000 net estate; Missouri also titles vehicles with a TOD beneficiary designation under RSMo 301.681, outside the estate - no vehicle exclusion from the 473.097 cap was found.

Debts, and the signer's duty

Affiant must file a bond (unless court dispenses with it) in at least the value of the personal property, conditioned on payment of the decedent's debts including debts to the State of Missouri, funeral/burial expenses, and compliance with future court orders, and on delivering any property to the persons entitled to it (473.097(1)(3)).

Rules checked October 2026 · Sources: RSMo 473.097(1)(1)-(4); RSMo 473.090; RSMo 461.025 et seq. (Nonprobate Transfers / Beneficiary Deed). This page reads the published law; it is not legal advice, and the court is the final word.

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