Losing a loved one can be made even more difficult when essential household assets like cars or bank accounts are not accessible by surviving family members. There are some options you can do yourself.

DIY Probate Options for Spouses and Minor Children

Re-title one car that’s in a deceased spouses’ name only

Surviving spouses are allowed to transfer the title of one motor vehicle to themselves without going to court. In order to do this, a surviving spouse must take the following documents to the DMV:

• Death Certificate
• Car title
• “Affidavit to Establish Title to Exempt Property” Form 2305 from the Missouri Department of Revenue. (https://dor.mo.gov/forms/2305.pdf)
  •  You must have this form notarized.

Refusal of letters for surviving spouse or minor children: Claim personal property for a minor child or spouse

A surviving spouse and/or guardian of a minor child whose parent has passed away can apply with the court to transfer property as long as that property is worth less than a certain amount of money.

We recommend you speak with an attorney if the total value of the assets exceeds $24,000 or there is a house involved. The court may require extra documentation, or a different type of filing may be necessary.

•  Property can include bank accounts, cars, real property such as a house, and other personal property.
• A surviving spouse or guardian of a surviving child may file this refusal of letters without an attorney.
• Property that is transferred using this method cannot be claimed by creditors.

Go to the county court’s website and locate a “Application of Surviving Spouse/Minor Child for Refusal of Letters” form. Fill out the form and file it with the court. Upon approval and receipt of the paper certificate, you can provide that to financial institutions or whoever holds the asset to access the assets.

Refusal of Letters for Creditors: Using Funeral Payment to Claim Personal Property

There is an application with the court for the person who paid funeral costs to claim personal property as a “creditor” to the estate. It can be filed without an attorney. You cannot file if there is a surviving spouse or minor child. The personal property must be valued at $15,000 or less. You cannot use this to claim real property such as a house or land.

You can find the Application of Creditor for Refusal of Letters on your county court’s website.

Generally, you must have proof that you paid for the funeral. Some examples are: a funeral or cremation invoice with a zero balance, a credit card receipt, or bank statement. It must show your name as the person who paid and that it is fully paid (a zero balance).

You must also have information on the personal property to claim from the deceased person like a bank account. If the value of the asset (bank account or other asset) is more than what you paid for the funeral, you would need to get a bond. We recommend speaking with an attorney if that is the case.

Small Estate Affidavit: Filing for estates worth less than $40,000

Some counties in Missouri allow family members who are direct heirs to file Small Estate Affidavits without an attorney. The total of all the property (both personal property like accounts and cars, and real property, like houses and other real estate) equals less than $40,000.

This is a more complicated filing than the ones listed above, so if you are unsure, you should speak with an attorney. Generally, it does not require a hearing in front of a judge, just filing documents. Jackson County requires an attorney to represent you for Small Estate Affidavits.

 

This website is for informational purposes only and does not provide legal advice. This site does not recommend or discourage any particular course of action. Any steps you choose to take based on the information provided are solely your responsibility. Using this site does not form an attorney/client relationship. For more information on representing yourself, please visit https://www.courts.mo.gov/page.jsp?id=4092