What is an Affidavit of Heirship in Missouri Probate Law?

An Affidavit of Heirship in Missouri probate law is a legal document used to establish the heirs of a deceased person. This affidavit provides a way to settle the estate of someone who has passed away, particularly when they died without a will (intestate). It serves as a declaration from individuals who have knowledge of the deceased's family background and can affirm the rightful heirs to the decedent's estate.

In Missouri, the Affidavit of Heirship is essential for expediting the distribution of property that does not go through formal probate proceedings. It is often used when the estate primarily consists of non-titled property, such as cash, bank accounts, or personal items, and when the value of the estate does not exceed certain thresholds.

The affidavit typically includes information such as:

• The name and details of the deceased.
• The date and place of the deceased's death.
• A description of the property being claimed.
• The names and relationships of the heirs.
• The signature of witnesses who can verify the information provided.

To create a valid Affidavit of Heirship in Missouri, several steps should be followed:

1. Gather necessary information: Collect details about the deceased's family structure, including information about spouses, children, and other potential heirs.
2. Draft the document: Use clear and concise language when outlining the relationships and the details of the estate.
3. Sign before a notary: Have the affidavit signed in front of a notary public to ensure its legitimacy.

Once the affidavit is executed, it can be submitted to financial institutions and other relevant entities to claim the deceased's assets. This process helps heirs avoid the complicated and often costly formal probate process, making it more accessible for small estates.

It is important to note that while an Affidavit of Heirship can simplify the process of transferring assets, it does not replace the need for formal probate in cases where the estate is larger or more complex. Individuals considering the use of an Affidavit of Heirship should consult with an experienced probate attorney to ensure they are adhering to Missouri law and properly executing the process.

In summary, an Affidavit of Heirship in Missouri probate law is a crucial document that facilitates the transfer of assets to rightful heirs, especially in cases where a will is not present. Understanding its purpose and properly preparing this affidavit can save time and resources while ensuring the wishes of the deceased are honored.