Mo. Rev. Stat. » Chapter 473
Missouri Revised Statutes

Mo. Rev. Stat. § 473.097 (2026)

Small estate

✓ current as of May 2026
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  473.097.  Small estate — distribution of assets without letters, when — affidavit — procedure — fee. — 1.  Distributees of an estate which consists of personal property or real property or both personal and real property have a defeasible right to the personal property, and are entitled to the real property of such estate, as provided in this section, without awaiting the granting of letters testamentary or of administration, if all of the following conditions are met:

  (1)  The value of the entire estate, less liens, debt, and encumbrances, does not exceed forty thousand dollars;

  (2)  Thirty days have elapsed since the death of the decedent and no application for letters or for administration or for refusal of letters under section 473.090 is pending or has been granted, or if such refusal has been granted and subsequently revoked;

  (3)  A bond, in an amount not less than the value of the personal property, approved by the judge or clerk of the probate division is filed by the person making the required affidavit conditioned upon the payment of the debts of the decedent, including any debts to the state of Missouri, the expenses of funeral and burial and compliance with future orders of the court in relation to the estate of the decedent; and further conditioned that any part of the property to which the distributee is not entitled will be delivered to the persons entitled to the property under the law.  Liability of the sureties on the bonds provided for in this section terminates unless proceedings against them are instituted within two years after the bond is filed; except that, the court may dispense with the filing of a bond if it finds that the same is not necessary;

  (4)  A fee, in the amount prescribed in subsection 1 of section 483.580, and when required, the publication cost of the notice to creditors are paid or the proof of payment for such publication is provided to the clerk of the probate division.

  2.  Notwithstanding the limitation periods set out in section 473.050, the affidavit required by this section may be made by the person designated as personal representative under the will of the decedent, if a will has been presented for probate within the limitation periods specified in section 473.050, otherwise by any distributee entitled to receive property of the decedent any time after thirty days after decedent's death, and shall set forth all of the following:

  (1)  That the decedent left no will or, if the decedent left a will, that the will was presented for probate within the limitation periods specified in section 473.050;

  (2)  That all unpaid debts, claims or demands against the decedent or the decedent's estate and all estate taxes due, if any, on the property transfers involved have been or will be paid, except that any liability by the affiant for the payment of unpaid claims or demands shall be limited to the value of the property received;

  (3)  An itemized description and valuation of property of the decedent. As used in this subdivision, the phrase "property of the decedent" shall not include property which was held by the decedent as a tenant by the entirety or a joint tenant at the time of the decedent's death;

  (4)  The names and addresses of persons having possession of the property;

  (5)  The names, addresses and relationship to the decedent of the persons entitled to and who will receive, the specific items of property remaining after payment of claims and debts of the decedent, included in the affidavit;

  (6)  The facts establishing the right to such specific items of property as prescribed by this section.  

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The certificate of the clerk shall be annexed to or endorsed on the affidavit and shall show the names and addresses of the persons entitled to the described property under the facts stated in the affidavit and shall recite that the will of decedent has been probated or that no will has been presented to the court and that all estate taxes on the property, if any are due, have been paid.

  3.  A copy of the affidavit and certificate shall be filed in the office of the clerk of the probate division and copies of the affidavit and certificate shall be furnished by the clerk.

  4.  The distributees mentioned in this section may establish their right to succeed to the real estate of the decedent by filing a copy of the foregoing affidavit and certificate of the clerk in the office of the recorder of deeds of each county where the real property is situated.

  5.  When the value of the property listed in the affidavit is more than fifteen thousand dollars, the clerk shall cause to be published in a newspaper of general circulation within the county which qualifies under chapter 493 a notice to creditors of the decedent to file their claims in the court or be forever barred.  The notice shall be published once a week for two consecutive weeks.  Proof of publication of notice pursuant to this section shall be filed not later than ten days after completion of the publication.  The notice shall be in substantially the following form:

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To all persons interested in the estate of ______, Decedent:
On the ______ day of ______, 20______, a small estate affidavit was filed by the distributees for the decedent under section 473.097, RSMo, with the probate division of the circuit court of ______ County, Missouri.
All creditors of the decedent, who died on ______, 20______, are notified that section 473.444 sets a limitation period that would bar claims one year after the death of the decedent. A creditor may request that this estate be opened for administration.
Receipt of this notice should not be construed by the recipient to indicate that the recipient may possibly have a beneficial interest in the estate. The nature and extent of any person's interest, if any, may possibly be determined from the affidavit on this estate filed in the probate division of the circuit court of ______ County, Missouri.
Date of first publication is ______, 20______
__________________ 
Clerk of the Probate Division
of the Circuit Court
______ County, Missouri

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  6.  Upon compliance with the procedure required by this section, the personal property and real estate involved shall not thereafter be taken in execution for any debts or claims against the decedent, but such compliance has the same effect in establishing the right of distributees to succeed to the property as if complete administration was had; but nothing in this section affects the right of secured creditors with respect to such property.

  7.  The affiant shall collect the property of decedent described in the affidavit.  The property of decedent shall be liquidated by the affiant to the extent necessary to pay debts of decedent.  If the decedent's property is not sufficient to pay such debts, abatement of the shares of the distributees shall occur in accordance with section 473.620. The affiant shall distribute the remaining property to such persons identified in the affidavit as required in subdivision (5) of subsection 2 of this section who are entitled to receive the specific items of personal property, as described in the affidavit, or to have any evidence of such property transferred to such persons.  To the extent necessary to facilitate distribution, the affiant may liquidate all or part of decedent's property.

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(L. 1955 p. 385 § 54, A.L. 1957 p. 829, A.L. 1967 p. 640, A.L. 1971 S.B. 19, A.L. 1973 S.B. 112, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1985 S.B. 35, et al., A.L. 1986 S.B. 787, A.L. 1993 S.B. 88, A.L. 1994 S.B. 701, A.L. 1996 S.B. 494, A.L. 2002 H.B. 1537)

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1959–2023 · leading case: State, Dep't of Soc. Servs., Div. of Med. Servs. v. Brundage, 85 S.W.3d 43 (Mo. Ct. App. 2002).
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State, Dep't of Soc. Servs., Div. of Med. Servs. v. Brundage, 85 S.W.3d 43 (Mo. Ct. App. 2002). · cites it 9× “” DMS’ first point on appeal states: The trial court erred in dismissing the Department’s cause of action because the Department asserted valid claims against the affiant in that the state, as a creditor must and does have various means by which to collect its debt, including…”
Est. of Harris, 529 S.W.3d 31 (Mo. Ct. App. 2017). · cites it 13× “It found and concluded that: (1) “[t]his case was filed pursuant to Section 473.097 RSMo. as a small estate distributing [Djecedent’s assets without letters of administration”; (2) “[a]ll motions and the application filed by [Appellant] were contested”; (3) [t]here are no…”
In the Est. of Bohannon, 943 S.W.2d 651 (Mo. 1997). · cites it 20× “At issue is the validity of the notice-by-publication provision of § 473.097, RSMo, 2 the statute governing administration of estates having a value not exceeding $40,000.”
Aufenkamp v. Grabill, 112 S.W.3d 455 (Mo. Ct. App. 2003). · cites it 2× “r venue for the administration of the estate of such decedent, or the delivery of a verified statement to such court, if the will of such decedent is lost, destroyed, suppressed or otherwise not available, setting forth the reason such will is not available and setting forth the…”
Clarke v. Organ, 329 S.W.2d 670 (Mo. 1959). · cites it 4× “1(2), or collected and disposed of as a small estate by his brothers and sisters as distributees, section 473.097. Instead, the prior petition of the public administrator was sidetracked and letters were granted to Helen Delores Organ.”
Hawkins v. Lemasters, 200 S.W.3d 57 (Mo. Ct. App. 2006). · cites it 2× “er venue for the administration of the estate of such decedent, or the delivery of a verified statement to such court, if the will of such decedent is lost, destroyed, suppressed or otherwise not available, setting forth the reason such mil is not available and setting forth the…”
Est. of Croom v. Bailey, 107 S.W.3d 457 (Mo. Ct. App. 2003). · cites it 2× “; and (2) One of the following: (a) An affidavit pursuant to section 473.097, which requests such will be admitted to probate; or (b) A petition which seeks to have such will admitted to probate; or (c) An authenticated copy of the order admitting such will to probate in any…”
In the Est. of Martha Lutisha Qualls: Debra M. Kirchhof v. Bonnie Williams, 436 S.W.3d 743 (Mo. Ct. App. 2014). · cites it 3× “00, the circuit court held that the Small Estate procedures, Section 473.097, 3 were no longer applicable and ordered Kirchhof and Qualls, as the co-personal representatives of the decedent’s estate, to apply for letters testamentary or otherwise indicate a renunciation to serve…”
Cordes v. Caldwell, 731 S.W.2d 463 (Mo. Ct. App. 1987). “010(15) provides: (15) “Interested persons” mean heirs, devisees, spouses, creditors or any others having a property right or claim against the estate of a decedent being administered and includes children of a protec-tee who may have a property right or claim against or an…”
Fowler v. Corn, 400 S.W.3d 796 (Mo. Ct. App. 2013). · cites it 4× “Instead, on April 11, 2001 — over three years after Brundage’s death — DMS filed a separate petition in the circuit court seeking to recover against the small-estate affiant, on the basis that the affiant had failed to fulfill his obligation to pay all claims against the estate…”
Est. of Cahill, 131 S.W.3d 859 (Mo. Ct. App. 2004). · cites it 2× “The Brundage court held that the small-estate statute, § 473.097, RSMo 2000, did not provide for a cause of action by the department seeking recovery for debts not paid by the small estate affiant.”
Smith v. Maynard, 339 S.W.2d 737 (Mo. 1960). “090, or under certain circumstances when the net estate does not exceed $1500, § 473.097. Nevertheless, § 537.020, as amended Laws 1955, p.”
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Mo. Rev. Stat. § 473.097(5): 1 case
Fowler v. Corn, 400 S.W.3d 796 (Mo. Ct. App. 2013). “Instead, on April 11, 2001 — over three years after Brundage’s death — DMS filed a separate petition in the circuit court seeking to recover against the small-estate affiant, on the basis that the affiant had failed to fulfill his obligation to pay all claims against the estate…”
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