Q: My 19 year old single daughter passed away intestate in St. Louis.
She had no assets except for the clothes on her back. Her only debt are the hospital bills that insurance did not pay. Does an affidavit for collection of small estate still need to be filed? If so, who is required to file and what are the consequences of not filing? I am her father and have no interest in this matter other than my daughter is gone.
A:
A small estate affidavit's purpose is to make it easier to obtain property of a decedent that died without much. If there are no assets you want or need to collect, there is little reason to use a small estate affidavit. Her debts are not your obligation unless you separately guaranteed or co-signed any of them. Since she died without assets, there will be nothing from which a creditor could collect, if there were a forced sale. I defer to my Missouri colleagues, but it doesn't look to me like you need to do anything regarding her property.
PS: My comments here or for general information only and are not legal advice on your specific situation. My comments also do not establish an attorney-client relationship between us. Consult an attorney in your state for a legal advice.
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