Alternatives to clear title to Property in Missouri if no probate opened within one year of death
It is possible to clear title to real property and personal property in Missouri even if you didn't open a probate estate within one year date of death.
Small Estate Affidavit for estates under $40,000.00 in net equityGenerally speaking Small estate affidavits have no time limit when they can be filed in Missouri as long as the total net equity in the property is under $40,000.00. The courts will require a copy of the death certificate, proof of the asset valuation and title and funeral receipt. If real property is involved, the Court will require a broker price opinion to establish the fair market valuation and the Affiant must provide proof of any mtge offsetting the valuation to bring the value under $40,000.00. The courts may also require publication on these types of filings. Attorneys must be retained to file these. The courts review the Affidavits and if the filings meet the elements, then Certificates are issued rather quickly thereafter authorizing the Affiant to collect the assets and distribute them to the heirs at law.
Clearing Title to Real Property over 1 year after date of death of DecedentIf the real property is valued at over $40,000.00 net equity and the decedent was a resident of Missouri or owned real estate in Missouri and no probate was opened within one year date of death then the best method to clear title and get the assets to the heirs at law is a Petition to Determine Heirship. In this type of case, the attorney will have to know the names and address of all heirs at law. Namely, those persons who succeed to the property under Missouri intestate succession law, The attorney will also need the death certificate and full legal description of the real property. The court will publish notice of hearing and service on the heirs will be needed. Then the Court can enter the Judgment clearing title to the real property