Without awaiting the granting of letters testamentary or of administration, assets
may be transferred to distributees of the decedent's estate if all the following conditions
are met:
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the value of the entire estate, less liens and encumbrances, does not exceed $40,000.00;
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30 days have elapsed since the death of the decedent and no application for letters
or for administration or for refusal of letters under MO. REV. STAT § 473.090 is pending
or has been granted, or if such refusal has been granted and subsequently revoked;
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a bond, in an amount not less than the value of the personal property, approved by
the judge or clerk of the probate division is filed by the distributee making the
affidavit conditioned upon payment of the debts of the decedent; and further conditioned
that any part of the property to which the distributee is not entitled will be delivered
to persons entitled to the property under law, unless the court finds that the filing
of a bond is unnecessary; and
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the payment of the fee required by statute and, if publication is required, payment
of the cost of publication to the clerk of the probate division.
MO. REV. STAT. § 473.097.1 (2014). “Distributees” include “ . . . persons who are
entitled to the real and personal property of a decedent under his will, under the
statutes of intestate succession or who take as a surviving spouse under [MO. REV.
STAT. §] 474.160, upon election to take against the will.” MO. REV. STAT. § 472.010.
NOTE: Payment to a distributee based on an affidavit results in good acquittance only if
an affidavit and court clerk's certificate are presented that satisfy the numerous
conditions stated in GN 02315.063A.3.i and GN 02315.063A.3.ii. in this section.
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i.
Contents of affidavit
The affidavit may be made by the person designated as personal representative under
the will of the decedent, if a will has been presented for probate with the limitation
periods specified in MO. REV. STAT. § 473.050, or by any distributee entitled to receive
property of the decedent any time after 30 days after the decedent’s death. The affidavit
shall set forth all of the following:
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that the decedent left no will or, if the decedent left a will, the will was presented
for probate within the limitation periods specified in MO. REV. STAT. § 473.050;
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that all unpaid debts, claims or demands against the decedent or the decedent’s estate
and all estate taxes due, if any, on the property transfers involved, have been or
will be paid, except that any liability by the affiant for the payment of unpaid claims
or demands shall be limited to the value of the property received;
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an itemized description and valuation of the property of the decedent. As used in
this subdivision, the phrase “property of the decedent” shall not include property
which was held by the decedent as a tenant by the entirety or a joint tenant at the
time of the decedent’s death;
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the names and addresses of persons having possession of the property;
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the names, addresses, and relationship to the decedent of the persons entitled to
and who will receive the specific items of property remaining after payment of claims
and debts of the decedent, included in the affidavit; and
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the facts establishing the right to such specific items of property.
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ii.
Clerk's certification
The clerk's certificate, endorsed on or annexed to the affidavit, must include the
following:
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the names and addresses of the persons entitled to the described property under the
facts stated in the affidavit;
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that the will of the decedent has been probated or that no will has been presented
to the court; and
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that all estate taxes on the property, if any are due, have been paid.
MO. REV. STAT. § 473.097. The person making payment, delivery, transfer, or issuance
of personal property pursuant to the affidavit described above is discharged and released
to the same extent as if made to an executor or administrator of the decedent, and
is not required to see the application thereof or to inquire into the truth of any
statement in the affidavit if made by any other person. MO. REV. STAT. § 473.100.