The Missouri Affidavit For Collection of Small Estate is a legal document used by an heir or personal representative of an estate to collect assets from the deceased person’s estate. The affidavit is filed with the probate court to provide evidence of the heir’s or personal representative’s legal right to collect the assets. The affidavit includes information about the deceased person, the heirs or personal representatives, and the assets to be collected. There are two types of Missouri Affidavit For Collection of Small Estate: the Form 4 Affidavit and the Form 5 Affidavit. The Form 4 Affidavit is used when the deceased person left a will and the heirs or personal representatives are listed in the will. The Form 5 Affidavit is used when the deceased person did not leave a will and the assets are being distributed according to Missouri’s intestate succession laws. In either case, both affidavits must be signed by the heirs or personal representatives, and witnessed by two disinterested parties.
Missouri Affidavit For Collection of Small Estate
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How to fill out Missouri Affidavit For Collection Of Small Estate?
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FAQ
You must wait at least 30 days after death to file a Small Estate Affidavit in Missouri. In most Missouri Courts the filing fee is $65, and, of course, you will need to pay for the publication, and for your lawyer.
Small estates that have over $15,000 in assets require notice to be published in the paper, while estates with less than $15,000 require no such notice. Additionally, a small estate affidavit can be filed with a Missouri probate court at any time, even more than one year after the date of death.
A person having a claim against an estate as a result of a judgment or decree must file his claim within the time specified in § 473.360, RSMo. This may be accomplished by filing a copy of the judgment or decree in the Probate Division within that time. See In re Estate of Wisely, 763 S.W. 2d 691 (Mo.
What Is a Small Estate Affidavit? In Missouri, a small estate comprises property valued at $40,000 or less (after debts are paid) when the owner passes on.
In Missouri, a small estate comprises property valued at $40,000 or less (after debts are paid) when the owner passes on.
How to File (4 steps) Step 1 ? Wait 30 Days. Step 2 ? Assess Estate Value. Step 3 ? Gather Documents. Step 4 ? File at the Probate Court.
These may include: a copy of the death certificate of the decedent; if the decedent had a will, a copy of the will, and proof that it has been filed with the local probate court; and signed statements of consent from heirs or beneficiaries agreeing to the small estate affidavit process.