Missouri Affidavit of Heirship for Real Property
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How to fill out Affidavit Of Heirship For Real Property?
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FAQ
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.
If there is a Will, the Original Will must be filed with Probate (RSMo 473.043) before Letters will be granted.
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.
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.
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.
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.