Securing Wrongful Death Settlement Proceeds Through the Court Clerk in Missouri

Disclaimer: This is general information and not legal advice. I am not a lawyer. For guidance specific to your situation, consult a licensed Missouri attorney.

Detailed Answer — How to secure settlement proceeds through the clerk

If you are resolving a pending wrongful death claim in Missouri and you want the settlement proceeds held safely by the court clerk (often called the court registry), you can typically do that, but you must follow court procedure. Below is a step‑by‑step explanation of the common process under Missouri law and practical options you should consider.

1. Confirm whether court approval is required

Wrongful death actions in Missouri are governed by the Missouri Revised Statutes, Chapter 537. Before funds can be disbursed, courts often must approve certain compromises involving minors, incapacitated persons, or claims brought by personal representatives. See Missouri Revised Statutes, Chapter 537: https://revisor.mo.gov/main/OneChapter.aspx?chapter=537.

2. Use the court order that authorizes the settlement and the deposit

The usual route is to file a written petition (or submit a stipulated judgment/order) asking the court to approve the settlement and to direct that funds be paid into the court registry. That order must specifically authorize the clerk to accept and hold funds, and it should spell out how funds will be distributed or held (for example, pending appointment of a conservator, guardian, or distribution to adult wrongful death beneficiaries).

3. Prepare required paperwork and tender funds exactly as the clerk requires

Each circuit court clerk’s office has rules for accepting funds. Typical requirements include:

• A certified court order authorizing deposit;
• Identification of the case number and parties;
• The form of payment accepted (usually a cashier’s check or electronic funds transfer—many clerks do not accept large personal checks); and
• A completed deposit slip or registry transmittal form the clerk provides.

4. If minors or incapacitated persons are beneficiaries, expect additional protections

If proceeds will benefit minors or persons who lack capacity, Missouri courts typically require appointment of a guardian ad litem, approval of the settlement as fair and reasonable, and specific instructions for how proceeds will be managed (for example, appointment of a conservator, use of the Uniform Transfers to Minors Act account, or purchase of a structured settlement). The court may only release funds after those protections are in place.

5. Alternatives to the court registry

While the court registry is a secure option, other alternatives can protect funds without immediate court custody:

• Attorney trust account (IOLTA or separate escrow) under a written escrow agreement;
• Structured settlement annuity for periodic payments;
• Posting of a bond or other security if the court permits;
• Opening a conservatorship/guardianship estate account or UTMA/custodial account for minors when appropriate.

6. How long will the clerk hold funds and how will interest/fees be handled?

Terms for holding funds vary by court. The court order should state how long funds will remain in registry, when and to whom the clerk will disburse funds, whether interest will accrue, and whether the court or clerk will deduct registry fees. Ask the clerk and confirm the terms in your court order before tendering funds.

7. Practical step‑by‑step checklist

1. Talk with the settling parties and your lawyer about whether you need court approval (common if victims are minors or incapacitated).
2. Draft and file a petition/settlement approval motion asking the court to approve the settlement and direct deposit to the court registry.
3. Obtain a signed court order that authorizes the clerk to accept and hold the settlement proceeds and describes distribution rules.
4. Contact the circuit court clerk’s office where the case is filed. Confirm payment methods, forms, and any clerk fees.
5. Tender funds to the clerk per their instructions (often a cashier’s check or wire), including the case number and order with the deposit.
6. Keep copies of deposit receipts and the registry ledger entry. Follow up with motions/orders as needed to obtain final distribution.

8. When to involve a probate or guardianship proceeding

If a wrongful death settlement funds an ongoing estate matter, or you need someone to manage funds for a minor or incapacitated adult, the court may require a conservatorship/guardianship or that the personal representative or guardian post a bond. Consult local probate rules and the judge’s guidance in your county.

9. Tax and settlement allocation considerations

Settlement allocation between wrongful death damages (e.g., loss of support) and survivors’ claims (e.g., pain and suffering) may affect tax treatment. Discuss allocation and tax consequences with counsel or a tax advisor before finalizing settlement and distribution instructions.

Relevant Missouri Law and Resources

• Missouri Revised Statutes, Chapter 537 (Wrongful Death Actions): https://revisor.mo.gov/main/OneChapter.aspx?chapter=537
• Missouri Courts (general information and links to local clerks): https://www.courts.mo.gov/

When to talk to an attorney

Hire a Missouri attorney if any of the following apply:

• Proceeds will benefit minors or an incapacitated person;
• The settlement exceeds modest amounts and you are concerned about fiduciary duties, bond, or conservatorship;
• You need the court to approve a structured settlement, annuity, or special distribution plan;
• Disputes exist among distributees or potential claimants.

Helpful Hints

• Always get a written court order before sending funds to the clerk — verbal approvals are risky.
• Call the circuit court clerk’s office early to learn their registry rules and accepted payment methods.
• Use a cashier’s check or wire transfer when possible; many clerks do not accept personal checks for large settlements.
• Ask the court to specify how interest and clerk registry fees (if any) will be handled.
• If minors are beneficiaries, ask the court whether a guardianship, UTMA account, or structured settlement is preferred.
• Keep detailed receipts, the clerk’s registry entry, and certified copies of orders authorizing deposit and distribution.
• Consider escrow in an attorney trust account only if the court will accept distribution from that escrow without additional court action.
• If unsure how to proceed, request a short hearing so the judge can issue clear written instructions about how funds should be held and disbursed.

Following these steps will help ensure that a Missouri court clerk will accept and protect wrongful death settlement funds until the court orders distribution. For situation‑specific advice, consult a Missouri attorney familiar with wrongful death, probate, and guardianship practice.