Missouri Form 2305, the Affidavit to Establish Title to Exempt Property, lets a surviving spouse or the unmarried minor children of someone who died transfer one of the decedent’s vehicles into their own name without opening probate. You complete and notarize the form, then submit it to a Missouri Department of Revenue license office with the existing title, a certified death certificate, and the usual titling paperwork. The vehicle passes as exempt property under state law, so its value does not matter.1Missouri Revisor of Statutes. Missouri Revised Statutes 474.250 – Exempt Property of Surviving Spouse or Minor Children
Who Can Use the Affidavit
Missouri gives the surviving spouse an absolute right to one automobile or other passenger motor vehicle, including a pickup truck, from the decedent’s estate, along with the vehicle’s means of propulsion.1Missouri Revisor of Statutes. Missouri Revised Statutes 474.250 – Exempt Property of Surviving Spouse or Minor Children If there is no surviving spouse, the vehicle passes to the decedent’s unmarried minor children (under 18) in equal shares.
Two limits are easy to miss. The spouse must not have been divorced or legally separated from the decedent for more than one year before the death.2Missouri Department of Revenue. Form 2305 – Affidavit to Establish Title to Exempt Property And only one vehicle from the estate can move through this process. If the decedent owned more than one, the rest need a different route, such as a small-estate affidavit, a transfer-on-death designation, or ordinary probate.
Documents to Bring
Gather everything before you walk into a license office. One missing item means a second trip.
- The original certificate of ownership in the decedent’s name. It must be surrendered when the new title is issued.
- A certified death certificate.
- Form 2305, completed but not yet signed. You can download it from the Department of Revenue site or pick one up at any license office.
- A copy of any prenuptial, antenuptial, or postnuptial agreement, if one exists.2Missouri Department of Revenue. Form 2305 – Affidavit to Establish Title to Exempt Property
- A personal property tax receipt or a statement of non-assessment from your county assessor or collector.3Missouri Department of Revenue. Motor Vehicle Titling and Registration
- Proof of Missouri liability insurance for the vehicle.4Missouri Department of Revenue. Insurance Information
How to Complete the Form
Form 2305 is one page. Fill it out at home, but wait to sign until you are in front of a notary.
Decedent and Claimant Information
Enter the decedent’s full legal name, date of death, and complete address including county. Then enter the surviving spouse’s name and address. The county matters because the license office uses it to check your personal property tax status, so it should match the county on your tax receipt or non-assessment statement.
If there is no surviving spouse, skip that block and list every unmarried minor child under 18 with their date of birth and address. State the affiant’s relationship to each child, such as legal guardian or grandparent.2Missouri Department of Revenue. Form 2305 – Affidavit to Establish Title to Exempt Property
Vehicle Details
Fill in the year, make, model, VIN, and current license plate number. Copy the VIN directly from the vehicle or the existing title. A single wrong digit will get the application rejected. The form then asks whether any prenuptial, antenuptial, or postnuptial agreement exists concerning the decedent’s personal property. If you check Yes, attach a copy.
Signature and Notarization
The affiant signs under a perjury declaration confirming that the information is true and that this is the only motor vehicle being claimed as exempt property from the estate.2Missouri Department of Revenue. Form 2305 – Affidavit to Establish Title to Exempt Property A notary must witness the signature. Missouri license offices provide notary services for $2.00, so most people sign at the counter when they submit the packet.
Where to File and What It Costs
Take the complete packet to any Missouri Department of Revenue license office. At the window you will pay an $8.50 title fee and a $9.00 processing fee, plus $2.00 if you use the office notary.3Missouri Department of Revenue. Motor Vehicle Titling and Registration State and local sales tax may apply depending on the circumstances of the transfer, so ask the clerk when you hand over the paperwork.
The Department of Revenue mails the new certificate of ownership once the application is processed. If anything is missing or inconsistent, the department will contact you by mail. Keep copies of everything you submit so you can respond quickly if a document needs to be re-filed.
Penalties for False Statements
Form 2305 is a sworn affidavit. Knowingly providing false information on it is a class C misdemeanor under Missouri law, punishable by up to 15 days in jail.5Missouri Revisor of Statutes. Missouri Revised Statutes 575.050 – False Affidavit6Missouri Revisor of Statutes. Missouri Revised Statutes 558.011 – Authorized Dispositions When the false statement is made to mislead a public servant, which includes a Department of Revenue employee processing a title, the charge rises to a class A misdemeanor carrying up to one year in jail. A fraudulent affidavit would also void the title transfer and expose the affiant to civil claims from the estate’s rightful heirs.