Missouri probate code · checked October 2026
For money and belongings, Missouri's affidavit limit is $40,000 — applied to the estate after the assets that pass automatically are taken out. Missouri's $40,000 cap is on the ENTIRE estate — real and personal property combined, less liens and encumbrances — and the same filed affidavit proceeding covers both. The affidavit, where one exists, cannot be used until 30 days have passed since the death.
The affidavit limit today: $40,000, judged by the law in force on the date of death.
How it moves: filed with the court — a court paper, not an envelope.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No different $40,000 cap for a surviving spouse under 473.097; a spouse (or guardian of minor children) may instead seek Refusal of Letters under 473.090 for an estate not exceeding exempt property plus the family allowance - no fixed dollar cap.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $40,000 | Filed with the court. |
| Refusal of Letters (RSMo 473.090) | — | Refusal of Letters (§ 473.090) is the probate division's alternative order for very small estates. |
Vehicles are personal property within the $40,000 net estate; Missouri also titles vehicles with a TOD beneficiary designation under RSMo 301.681, outside the estate - no vehicle exclusion from the 473.097 cap was found.
Affiant must file a bond (unless court dispenses with it) in at least the value of the personal property, conditioned on payment of the decedent's debts including debts to the State of Missouri, funeral/burial expenses, and compliance with future court orders, and on delivering any property to the persons entitled to it (473.097(1)(3)).
Rules checked October 2026 · Sources: RSMo 473.097(1)(1)-(4); RSMo 473.090; RSMo 461.025 et seq. (Nonprobate Transfers / Beneficiary Deed). This page reads the published law; it is not legal advice, and the court is the final word.