Process Overview for Small Estate Affidavit in St. Louis County and St. Louis City
-
Affidavit Filed with Probate Court
When a decedent’s estate is valued below a certain threshold under Missouri law, heirs may qualify to use a Small Estate Affidavit instead of going through full probate. To begin, a notarized affidavit is filed with the probate court in the county where the decedent resided. The affidavit must be accompanied by proof of the estate’s assets, such as bank statements, vehicle titles, or real estate information. -
Court Review and Certificate of Clerk Issued
After the court reviews the affidavit and supporting documents, it typically issues a Certificate of Clerk within about four weeks. This certificate, attached to the affidavit, authorizes the affiant (the person filing the affidavit) to collect and transfer the assets listed. Unlike full probate, no Personal Representative is appointed, and the process is generally simpler and faster. -
Collection of Assets and Closing of Estate
Once the Certificate of Clerk is issued, heirs can use it to collect the decedent’s assets directly from banks, title companies, or other institutions. At this point, the estate is considered closed. However, if new assets are discovered after the affidavit is filed, the heirs must either file a motion to amend the affidavit or, in some cases, open a new probate proceeding.
Typical Timeline: The Certificate of Clerk is usually issued within four weeks of filing, making the Small Estate Affidavit a quicker and more cost-effective option than full probate administration when the estate qualifies.