The Missouri Affidavit of Warship for Small Estates is a legal document used to transfer ownership of property or assets when someone passes away without leaving a will or estate plan. This affidavit serves as proof of whom the legal heirs are and their respective shares in the estate. It is commonly employed when the assets involved are of low value, making it unnecessary to go through the probate process. The Affidavit of Warship is filed in the county where the deceased person owned property, and must be executed by two disinterested persons who have knowledge of the family history and estate. These individuals certify under oath that they are familiar with the deceased's heirs and their respective hereditary shares. To create a legally valid Affidavit of Warship in Missouri, certain information must be included, such as the full legal name of the deceased person, their date of death, and a description of the property or assets being considered. Additionally, the affidavit should provide detailed information about the heirs, including their full names, dates of birth, addresses, and the nature of their relationship to the deceased. There are two main types of Missouri Affidavit of Warship for Small Estates: the General Affidavit of Warship and the Small Estate Affidavit. The General Affidavit of Warship applies when the decedent owned real estate in Missouri, while the Small Estate Affidavit applies when the assets, excluding real estate, are valued at $40,000 or less. The Small Estate Affidavit allows for a simplified transfer of property by avoiding probate, as long as all necessary criteria are met. This streamlined process can save both time and money for heirs seeking to transfer small assets quickly. In summary, the Missouri Affidavit of Warship for Small Estates is a legal tool used to transfer property or assets in cases where the deceased did not leave a will or estate plan. It provides a way to establish legal ownership and distribute shares among rightful heirs. By choosing the appropriate affidavit type, heirs can effectively navigate the transfer process while saving time and financial resources.
Missouri Affidavit of Heirship for Small Estates
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How to fill out Missouri Affidavit Of Heirship For Small Estates?
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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.