For families handling a decedent’s estate in Missouri, the Affidavit of Heirship is a valuable, simplified process that enables heirs to transfer property quickly without the need for probate. This option is particularly beneficial in St. Louis and across Missouri when the decedent’s estate consists solely of real estate and has remained unadministered for over a year. Read on to understand the Affidavit of Heirship, its qualifications, and how it could streamline your estate needs.

What is an Affidavit of Heirship?

The Affidavit of Heirship is a tool that allows heirs to claim real estate property without going through the more complex full probate process. In Missouri, this option is ideal when:

• The estate includes only real property.
• More than one year has passed since the decedent’s death.
• No estate administration has occurred, and no will has been filed with the court.

Because it bypasses typical probate procedures, the Affidavit of Heirship is quicker and more cost-effective.

Benefits of an Affidavit of Heirship

For qualified estates, an Affidavit of Heirship offers multiple benefits:

• No court filings required: The process involves recording the affidavit with the county recorder where the real estate is located, rather than filing with the probate court.
• Quick process: Typically, the Affidavit of Heirship process completes within 30 days.
• Lower costs: This probate alternative minimizes court and attorney fees.
• Direct property transfer to heirs: It provides a straightforward way for heirs to establish ownership of the decedent’s real estate.

Steps for Completing an Affidavit of Heirship in Missouri

Completing an Affidavit of Heirship involves these essential steps:

1. Preparation of the Affidavit: An attorney drafts the affidavit, identifying all heirs and detailing the decedent’s estate as required.
2. Signing and Notarization: The affidavit is signed by an heir and notarized, confirming the truth of the statements within it.
3. Recording the Affidavit: The completed affidavit is recorded with the Recorder of Deeds in the county where the property is located.

In St. Louis County, for example, the affidavit is filed with the Recorder of Deeds at 41 South Central Avenue in Clayton, MO, while St. Louis City’s Recorder is located at 10 North Tucker Boulevard. By recording the affidavit, the estate’s real estate is effectively transferred to the identified heirs.

Why Work with an Experienced Probate Attorney?

Even though the Affidavit of Heirship process is streamlined, legal guidance is beneficial. An experienced probate attorney can help ensure that all details are accurate and compliant with Missouri law, reducing the risk of errors or delays. Attorneys also manage the entire process, ensuring all heirs are accurately documented and that property ownership is correctly transferred. With an experienced St. Louis probate attorney, families can have peace of mind as they handle this critical step.

Is an Affidavit of Heirship Right for Your Situation?

The Affidavit of Heirship is an excellent solution if the estate meets the criteria and consists solely of real estate. For more complex estates or those with assets other than real property, other probate options, such as a Small Estate Affidavit or Determination of Heirship, may be more appropriate.

If you’re dealing with a loved one’s estate in Missouri and believe an Affidavit of Heirship might be the right approach, contact our office. Our probate attorneys in St. Louis specialize in helping families navigate Missouri’s probate processes efficiently and affordably. Reach out today to see how we can assist you in completing the Affidavit of Heirship process and securing your inheritance promptly.

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With years of experience in Missouri probate, our St. Louis attorneys are here to help with all aspects of estate administration, from affidavits to full probate proceedings. Let us guide you through the process and protect your family’s future.