Missouri Affidavit of Heirship for Small Estates
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How to fill out Affidavit Of Heirship For Small Estates?
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FAQ
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.
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.
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.
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.
If all inheritors do not agree then the property cannot be sold. Chill! If the majority of the inheritors are willing to sell the property they need to go through a probate court. The inheritors can file a 'partition action' lawsuit in the probate court.
At the Piatchek Law Firm, our attorneys regularly handle probate estates of all sizes, including small estates. A normal probate administration in Missouri involves over $40,000 in net assets, so an estate with less than $40,000 is referred to as a ?small estate.?
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 ...
Fill out the affidavit, and file it along with the supporting documents at the probate court for the county in which the decedent resided. To find where this is, use the system's Court Locator. Note that some counties in Missouri require that the petition be filed by an attorney.