Probate Forms

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Several forms are available for use in various probate legal actions, such as those relating to transferring a deceased person’s property to the spouse, unmarried child or children of the deceased, or to a person or business that the deceased person may owe money.

NOTE: Court clerks may be able provide assistance with completing these forms. Users must contact their local court to determine those for which assistance is available.

How to use the forms:

  1. You must save each form before you begin entering information in the form fields. Right click the link for a form and save it to your computer before you begin entering information in the form fields. If you are downloading the form from a public computer, be sure to save the form to a personal device, such as a thumb drive. 
  2. For fillable PDF documents, you must use Acrobat Reader DC (or Adobe Acrobat DC) to ensure the forms work as intended. If you do not have Acrobat Reader DC, a free edition can be downloaded from the Adobe website. 
  3. If you have technical difficulties completing the forms online, you may print all of the blank forms and fill them out by hand to file with the court. Please check with your local court for further instructions. 
  4. You are responsible for the completeness and accuracy of any information submitted on the forms. Please double-check the information you enter! 
  5. Use the Tab key to move from field to field within a form. Hover the cursor over a fillable field to view help text associated with a field. Check boxes can be selected by pressing the space bar or clicking the box. To remove a check mark, press the space bar or click the check box again. Questions requiring only one check box be selected cannot be unselected.  

Note: A filing information sheet is required on each case filed. Responsibility for completing these sheets is with the parties, who shall make reasonable efforts to provide all information required. Parties are responsible for confirming its use prior to filing a case with the court. For additional filing information sheets and further information regarding these forms, see the Filing Information Sheet page.

Statement of Reimbursable Attorney Fees

This form is used by an attorney appointed by the probate division to represent a respondent in a civil detention hearing. The attorney may use this form to report the cases for which he or she provided services.

Application of Creditor for Refusal of Letters

These forms are used by a creditor (individual or business owed money) for filing an application to transfer a deceased person’s personal property, such as a car or motorcycle, having a value of $15,000 or less, to a creditor of the estate when there is no surviving spouse or unmarried minor children. Exhibit A (personal property section only) must be completed and filed with the Application listing the personal property requested to be transferred.

Application of Unmarried Minor Child(ren) for Refusal of Letters

These forms are used by a person to file an application with the court to transfer a deceased person’s real property (such as a house) and personal property (such as a car), to the deceased person’s unmarried minor children. The deceased person has no surviving spouse and all of the deceased person’s unmarried, minor children are included in this application. Exhibit A must be completed and filed with the Application detailing the personal and/or real property listing to be transferred.

Application of Surviving Spouse for Refusal of Letters

These forms are used by a person to file an application with the court to transfer a deceased person’s real and personal property to the deceased person’s surviving spouse. Some of the common examples of such property are jointly held property and insurance, or other death benefits. Exhibit A must be completed and filed with the Application listing the personal and/or real property requested to be transferred.

Application to Amend Order Refusing Letters

These forms are used by a person to file an application with the court to make a change to the order transferring a deceased person’s real and personal property to the deceased person’s surviving spouse, unmarried, minor children or creditor. Generally, finding additional assets owned by the deceased is the reason for the request to amend the order. Exhibit A must be completed and filed with the Application listing the personal and/or real property requested to be transferred.

Election of Surviving Spouse

This form is used by a surviving spouse of a deceased person who is rejecting the terms of a deceased person’s will. An election by a spouse means that the spouse takes the share of the estate allowed by statute (section 474.160, RSMo) and takes nothing under the will.

Affidavit to Establish Title of Distributee - Small Estate - Intestate

This form is used by an heir of the decedent to gain the authority to collect and distribute the assets of a decedent who died without a will or died with a will, but the heirs did not admit1 the will to probate within a year of his or her death. This form may be used only if the value of the entire estate, less liens, debts, easements, leases and mortgages, does not exceed forty thousand dollars.

1For a will to be admitted to probate, the petitioner must comply with section 473.050, RSMo. Filing a will without following the formalities of section 473.050, RSMo will not result in the admission of the will to probate.

Affidavit to Establish Title of Distributee - Small Estate - Testate

This form is used by a legatee of a decedent to gain the authority to collect and distribute a decedent's assets pursuant to the terms of a will that is or has been admitted1 to probate. This form may be used only if the value of the entire estate, less liens, debts, easements, leases and mortgages, does not exceed forty thousand dollars.

1For a will to be admitted to probate, the petitioner must comply with section 473.050, RSMo. Filing a will without following the formalities of section 473.050, RSMo will not result in the admission of the will to probate.

Petition for Determination of Heirship

This form is used by an heir of decedent to obtain a judgment determining the heirs, assets of decedent as of his or her date of death, and the share for each heir.


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