Small Estate
When the total value of an estate is under $40,000, Missouri allows a quicker, more affordable option called a Small Estate. This process can be filed even after the one-year deadline for full probate, but the Will would no longer be valid.
Options for Low-Value Estates
Streamlined Estate Process
Simplified Probate Options for Small Estates
If the total value of the estate is under $40,000, it may qualify for a simplified probate process called a Small Estate in Missouri. This option allows an heir to take responsibility for confirming that all debts have been satisfied and to identify who is legally entitled to receive the remaining property. The Small Estate process is designed to be quicker and more affordable than a full probate proceeding.
One advantage of the Small Estate option is that it can be filed even after the usual one-year deadline for opening a probate estate, although then the Will would be invalid. In cases where the deceased is survived by a spouse or minor children, they may also qualify to file a Refusal of Letters with the court. These simplified filings help transfer assets without the time and expense of a full probate estate, but it is still helpful to consult an attorney to ensure proper filing and compliance with court requirements.
Our attorneys can assist with the probate process for small estates.
Quick Probate Proceedings
Procedure for Small Estate
When there are less than $40,000.00 of assets to probate, a Small Estate can be filed with the Probate Court. Any heir can take on the responsibility of asserting that all outstanding debts have been paid and then declaring who is legally entitled to the property. The process of filing a Small Estate is swift and relatively inexpensive. If a spouse or minor children have survived the deceased, they can file a Refusal of Letters with the court. It is essentially a document stating that the estate is small and the spouse or minor children would be entitled to all of the assets and it should be automatically given solely to them without opening up a probate estate.
The Small Estate process allows heirs to use a condensed court procedure, only usually taking a couple of months, to transfer assets when the estate is modest and all debts have been resolved.
Refusal of Letters is a simplified court process that allows a surviving spouse or minor children to claim certain assets without full probate when the estate is small and meets specific legal requirements.
Guidance from Estate Attorney
Let our attorneys handle your small estate needs.
We can assist you in determining whether a small estate option applies and guide you through each step of the paperwork and court filings.
Minimal Probate Process
Affidavit of Small Estate
When a person passes away leaving behind only a modest amount of assets, a less complex probate option called a Small Estate may be available. This process offers a quicker and less expensive way to transfer property to the rightful heirs without going through full probate. An interested party, often a family member or heir, can petition the probate court by filing an affidavit that confirms all debts and taxes have been paid and identifies who should receive the remaining property. This option can help families access funds and property more efficiently during an already difficult time.
Small Estate procedures are typically used when there are no complicated disputes among heirs and no ongoing claims against the estate. It’s important to carefully review how the deceased owned their assets, including whether any property was jointly held or had named beneficiaries, as these assets may transfer automatically and not count toward the estate’s total value. Legal guidance can help ensure the proper process is followed and avoid mistakes that could delay the transfer of property. Even in simpler cases, working with an attorney can offer peace of mind and protect the interests of all parties involved.
Get advice from our attorneys on handling your loved one's estate.
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We help simplify estate administration. Our team consists of attorneys who assist with both small and full probate estates.
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