Home / Small estate limits / West North Central
RSMo § 473.097 · checked 2026-10-20
Missouri small estate affidavit limit
In Missouri the small estate affidavit filed with the probate division is available when the value of the entire estate, less liens, debts and encumbrances is $40,000 or less, and it can be used 30 days after the death. It works through an affidavit or sworn statement filed with the court or its clerk.
- 1Dollar limit $40,000
- 2Waiting period 30 days
- 3Filed with Court
- 4Statute RSMo § 473.097
What RSMo § 473.097 says
The operative words of the statute, as read on 2026-10-20:
“does not exceed forty thousand dollars”
That test is applied to the value of the entire estate, less liens, debts and encumbrances. Personal and real property can both pass. The affiant files a bond at least equal to the personal property (the court may waive it), and a distributee of real estate records a copy of the affidavit and the clerk's certificate with the recorder of deeds.
Source: RSMo § 473.097. Last checked 2026-10-20.
Worked examples against the $40,000 limit
| Estate value | Result under RSMo § 473.097 |
|---|---|
| $24,000 | Within the limit |
| $40,000 | Within the limit |
| $41,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — value of the entire estate, less liens, debts and encumbrances — not everything the person owned. Missouri's figure is $22,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 41st from the top, level with Connecticut, Maine.
When the route opens
The statute requires 30 days to pass after the death. For a death on January 15, 2026, the earliest date is February 14, 2026. 7 of the 31 jurisdictions with a written wait make people wait longer and 3 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have 6 months counted from first published notice of letters (RSMo § 473.360.1). The Missouri probate timeline works those dates through.
Filing and fees
The sworn statement goes to the court or its clerk, which keeps it on file. The court fee schedule for Missouri could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate affidavit filed with the probate division and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby West North Central jurisdictions
Iowa: $50,000 after 40 days; Kansas: $75,000; Minnesota: $75,000 after 30 days; Nebraska: $100,000 after 30 days; North Dakota: $100,000 after 30 days; South Dakota: $100,000 after 30 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Missouri probate court or its self-help center before filing.