Missouri Affidavit of Domicile for Deceased
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FAQ
A Missouri Affidavit of Heirship can be used to transfer property from a deceased individual to that individual's heirs (as defined by Missouri law), without going to probate court. In order to use a Missouri Affidavit of Heirship, all of the heirs will need to agree on how to divide the property.
Missouri requires that an estate be over $40,000 in order to go through a standard probate process. Otherwise, it will undergo a simplified probate process. Wills and testaments must be filed within one year of death with the Probate Division of the Circuit Court.
A determination of heirship proceeding is a special type of probate proceeding that only occurs if there was no will to probate, or alternatively, a will was not timely presented for probate within one year.
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.
Probate is when the court supervises the processes that transfer legal title of property from the estate of the person who has died (the "decedent") to his or her beneficiaries.
Beneficiary Deeds. This transfer upon death will take place without the real estate having to go through probate and without having to jointly title such property with children, spouses, or other intended beneficiaries while the owner is still alive.
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.
If you die without an estate plan, your heirs will be determined by your state's intestate succession laws. These laws lay out the order in which your heirs will receive your property.