473.097. Small estate--distribution of assets without letters, when--affidavit--procedure--fee.
Small estate--distribution of assets without letters,when--affidavit--procedure--fee.
473.097. 1. Distributees of an estate which consists of personalproperty or real property or both personal and real property have adefeasible right to the personal property, and are entitled to the realproperty of such estate, as provided in this section, without awaiting thegranting of letters testamentary or of administration, if all of thefollowing conditions are met:
(1) The value of the entire estate, less liens, debt, andencumbrances, does not exceed forty thousand dollars;
(2) Thirty days have elapsed since the death of the decedent and noapplication for letters or for administration or for refusal of lettersunder section 473.090 is pending or has been granted, or if such refusalhas been granted and subsequently revoked;
(3) A bond, in an amount not less than the value of the personalproperty, approved by the judge or clerk of the probate division is filedby the person making the required affidavit conditioned upon the payment ofthe debts of the decedent, including any debts to the state of Missouri,the expenses of funeral and burial and compliance with future orders of thecourt in relation to the estate of the decedent; and further conditionedthat any part of the property to which the distributee is not entitled willbe delivered to the persons entitled to the property under the law.Liability of the sureties on the bonds provided for in this sectionterminates unless proceedings against them are instituted within two yearsafter the bond is filed; except that, the court may dispense with thefiling of a bond if it finds that the same is not necessary;
(4) A fee, in the amount prescribed in subsection 1 of section483.580, RSMo, and when required, the publication cost of the notice tocreditors are paid or the proof of payment for such publication is providedto the clerk of the probate division.
2. Notwithstanding the limitation periods set out in section 473.050,the affidavit required by this section may be made by the person designatedas personal representative under the will of the decedent, if a will hasbeen presented for probate within the limitation periods specified insection 473.050, otherwise by any distributee entitled to receive propertyof the decedent any time after thirty days after decedent's death, andshall set forth all of the following:
(1) That the decedent left no will or, if the decedent left a will,that the will was presented for probate within the limitation periodsspecified in section 473.050;
(2) That all unpaid debts, claims or demands against the decedent orthe decedent's estate and all estate taxes due, if any, on the propertytransfers involved have been or will be paid, except that any liability bythe affiant for the payment of unpaid claims or demands shall be limited tothe value of the property received;
(3) An itemized description and valuation of property of thedecedent. As used in this subdivision, the phrase "property of thedecedent" shall not include property which was held by the decedent as atenant by the entirety or a joint tenant at the time of the decedent'sdeath;
(4) The names and addresses of persons having possession of theproperty;
(5) The names, addresses and relationship to the decedent of thepersons entitled to and who will receive, the specific items of propertyremaining after payment of claims and debts of the decedent, included inthe affidavit;
(6) The facts establishing the right to such specific items ofproperty as prescribed by this section.
The certificate of the clerk shall be annexed to or endorsed on theaffidavit and shall show the names and addresses of the persons entitled tothe described property under the facts stated in the affidavit and shallrecite that the will of decedent has been probated or that no will has beenpresented to the court and that all estate taxes on the property, if anyare due, have been paid.
3. A copy of the affidavit and certificate shall be filed in theoffice of the clerk of the probate division and copies of the affidavit andcertificate shall be furnished by the clerk.
4. The distributees mentioned in this section may establish theirright to succeed to the real estate of the decedent by filing a copy of theforegoing affidavit and certificate of the clerk in the office of therecorder of deeds of each county where the real property is situated.
5. When the value of the property listed in the affidavit is morethan fifteen thousand dollars, the clerk shall cause to be published in anewspaper of general circulation within the county which qualifies underchapter 493, RSMo, a notice to creditors of the decedent to file theirclaims in the court or be forever barred. The notice shall be publishedonce a week for two consecutive weeks. Proof of publication of noticepursuant to this section shall be filed not later than ten days aftercompletion of the publication. The notice shall be in substantially thefollowing form:
To all persons interested in the estate of ..............., Decedent:
On the ........... day of ........................, 20..., a smallestate affidavit was filed by the distributees for the decedent undersection 473.097, RSMo, with the probate division of the circuit court of.................. County, Missouri.
All creditors of the decedent, who died on ..............., 20..., arenotified that section 473.444 sets a limitation period that would barclaims one year after the death of the decedent. A creditor may requestthat this estate be opened for administration.
Receipt of this notice should not be construed by the recipient toindicate that the recipient may possibly have a beneficial interest in theestate. The nature and extent of any person's interest, if any, maypossibly be determined from the affidavit on this estate filed in theprobate division of the circuit court of ..................... County,Missouri.
Date of first publication is .............., 20...
.............................
Clerk of the Probate Division
of the Circuit Court
............ County, Missouri
6. Upon compliance with the procedure required by this section, thepersonal property and real estate involved shall not thereafter be taken inexecution for any debts or claims against the decedent, but such compliancehas the same effect in establishing the right of distributees to succeed tothe property as if complete administration was had; but nothing in thissection affects the right of secured creditors with respect to suchproperty.
7. The affiant shall collect the property of decedent described inthe affidavit. The property of decedent shall be liquidated by the affiantto the extent necessary to pay debts of decedent. If the decedent'sproperty is not sufficient to pay such debts, abatement of the shares ofthe distributees shall occur in accordance with section 473.620. Theaffiant shall distribute the remaining property to such persons identifiedin the affidavit as required in subdivision (5) of subsection 2 of thissection who are entitled to receive the specific items of personalproperty, as described in the affidavit, or to have any evidence of suchproperty transferred to such persons. To the extent necessary tofacilitate distribution, the affiant may liquidate all or part ofdecedent's property.
(L. 1955 p. 385 § 54, A.L. 1957 p. 829, A.L. 1967 p. 640, A.L. 1971 S.B. 19, A.L. 1973 S.B. 112, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1985 S.B. 35, et al., A.L. 1986 S.B. 787, A.L. 1993 S.B. 88, A.L. 1994 S.B. 701, A.L. 1996 S.B. 494, A.L. 2002 H.B. 1537)