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In this situation, an heir can simply file what is called an affidavit of heirship with the court. You may find this form on your state court website or through the court clerk's office, or you may need to have an attorney or legal services firm create one for you.
Once the small estate affidavit is drafted and signed in front of a notary, it must be filed with the Probate Court in the county of the residence of the deceased person.
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.
Depending on what's included in the deceased's estate, there is a legal instrument known as an affidavit of heirship that can both identify heirs and make sure the estate is distributed properly.
Importantly, all creditor claims must be made within one year after a decedent's death. Under Missouri law, an affidavit of heirship can be used when a probate proceeding is not required to transfer title to the relevant heirs.
It will need to be signed by all parties and their spouses (if married), and the papers will need to be filed in the county recorder's office where the property is located. Once this is completed, the real estate will have been officially transferred to the heirs, probate-free.
If a person has died leaving property or any interest in property in Missouri and no administration has been commenced on the estate of the decedent, any person claiming an interest in such property as heir or through an heir may file a petition in the probate division of the circuit court for the administration of the ...