When someone dies and leaves behind a small estate, another person can use a special form (called an affidavit) to collect the dead person's belongings or money. The person or business that hands over those belongings based on that form is protected — it's like they gave everything to an official estate manager. If someone refuses to hand over the belongings, a court can force them to do so. However, the person who received the belongings is still responsible for giving them to the right people, like an official estate manager, a surviving spouse, or minor children, if those people have a stronger legal claim.
473.100. Effect of acquittances by of small . — The person making payment, , or of or evidence thereof the prescribed in section 473.097 is and released to the same extent as if made to an or of the , and he is not required to see to the thereof or to inquire into the truth of any statement in the affidavit if made by any other person. If any person to whom the affidavit is ed refuses to pay, deliver, transfer, or any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled in an brought for that purpose by or on behalf of the persons entitled under section 473.097, upon of the declared by such section. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any administrator or executor of the estate or to the or of the decedent who proceed under section 473.090 or 473.093 or to any other person having a superior right.
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Source & history notes
(L. 1955 p. 385 § 55)
Related Missouri laws
Small estate
RSMo 473.097
Apportionment of property between surviving spouse and children
RSMo 473.095
Small estate appraised, when
RSMo 473.107
Court may order administration previously commenced pursuant to guardianship law, dispensed with, when
RSMo 473.092
Clerk's duties as to certain forms
RSMo 473.091
Persons entitled to letters
RSMo 473.110
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.