In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In Missouri, the law provides a simplified process for administering small estates through the use of a Small Estate Affidavit or a Determination of Heirship. If the value of the entire estate, less liens and encumbrances, does not exceed $40,000, an heir or legatee may use the Small Estate Affidavit procedure to settle the estate without formal probate. The affidavit allows the transfer of both personal and real property to the rightful heirs or legatees after a waiting period of 30 days from the decedent's death. The affidavit must be signed by all heirs or legatees and notarized before it can be used to collect assets. Additionally, Missouri law provides for a Determination of Heirship, which is a court-supervised process that can be used when there is real property involved and the estate qualifies as a small estate. This process involves filing a petition with the probate court, which, if approved, results in a court order determining the rightful heirs and authorizing the transfer of property. These simplified procedures are designed to make the estate administration process easier and less costly for small estates, and they are codified in the Missouri Revised Statutes, specifically in Chapters 473 and 474.