Fillable Missouri Small Estate Affidavit Form 556-D

What Is an Affidavit Of Small Estate Missouri

An Affidavit Of Small Estate Missouri is a legal document that expedites the probate process for small estates valued at less than $40,000. This affidavit allows heirs to claim the decedent's assets without going through the full probate process, provided certain conditions are met. The Missouri Small Estate Affidavit simplifies the transfer of assets by affirming that all debts and taxes have been or will be paid and that the estate meets the statutory requirements for a small estate.

When to Use Missouri Small Estate Affidavit Form

The Missouri Small Estate Affidavit Form can be used in various situations:

• When the total value of the decedent’s estate is less than $40,000.
• If no application for letters testamentary or administration has been filed or granted.
• When at least 30 days have passed since the decedent’s death.
• When all debts, claims, and taxes related to the estate have been or will be paid.
• To transfer ownership of the decedent’s assets to rightful heirs without formal probate proceedings.
• When the heirs can be easily identified, there are no disputes over the estate.

How To Fill Out Missouri Small Estate Affidavit PDF

Filling out a Missouri Small Estate Affidavit PDF involves several steps:

• Provide the decedent’s name, date of birth, date of death, and last known address.
• Enter the name, address, and relationship to the decedent of the person filing the affidavit (affiant).
• Appendix A includes an itemized description and valuation of all the decedent’s property, including the names and addresses of those possessing the property.
• Appendix B contains the names, addresses, relationships, and birth dates of all persons entitled to receive the property.
• Confirm that all unpaid debts, claims, and taxes against the estate have been or will be paid.
• State that no application for letters testamentary, administration, or refusal of letters is pending or has been granted.
• If a bond is required, state the amount and confirm that it has been filed and approved by the court.
• The affiant must sign the affidavit in the presence of a notary public. Include the notary’s information and signature.
• Attorney Information: If an attorney is involved, provide their name, bar number, address, and telephone number.

When to File Missouri Probate Small Estate Affidavit

Filing a Missouri Probate Small Estate Affidavit is essential in the following scenarios:

• File the affidavit immediately after completing all required information and obtaining necessary signatures.
• Submit the affidavit to the probate division of the circuit court in the county where the decedent resided.
• Present the filed affidavit to institutions or individuals holding the decedent’s assets to facilitate the transfer of ownership to the heirs.
• You should maintain a copy of the filed affidavit for personal records and use in future legal or financial matters.
• In disputes, having a filed copy ensures both parties can reference the agreed terms and conditions as established in the affidavit.

Proper filing of these documents ensures a streamlined process for transferring the decedent’s assets, legal compliance, and clear communication between heirs, institutions, and the court regarding the small estate in Missouri.