Submitting an Original Will to a Missouri Probate Court from Out of State

If you live outside Missouri and need to submit a decedent’s original will to a Missouri probate court, you can complete the job without moving back. This guide explains the typical steps, what documents courts expect, safe ways to deliver the original, and options if the original isn’t available. This is educational information only and not legal advice.

Detailed answer: step-by-step process under Missouri law

1. Confirm the correct Missouri court (venue). Probate generally proceeds in the circuit court of the county where the decedent was domiciled (their permanent legal residence) at the time of death. If the decedent owned real estate in a Missouri county but lived elsewhere, you may need to consult the local court about whether ancillary probate or a different filing is required. For Missouri statutory guidance on probate procedure, see Chapter 474 of the Missouri Revised Statutes: RSMo Chapter 474 (Probate).
2. Locate the original will and related papers. The original document is critical. If a lawyer, bank, or safety-deposit box holds it, contact that custodian to request release. If the will is “self-proved” (it includes a notarized affidavit by the testator and witnesses), the probate process is usually faster. Ask the custodian for any supporting affidavits or certificates that accompany the will.
3. Preserve the will’s condition; do not sign or alter it. Avoid handling, folding, stamping, or writing on the original. If the will has marks or damage, document condition with photographs before mailing and note the condition in any covering letter to the court.
4. Assemble documents typically required for filing. Most Missouri probate clerks ask for: (a) the original will, (b) a certified copy of the death certificate, (c) a probate petition or application to admit the will to probate and appoint a personal representative (executor), and (d) the applicable filing fee. Local courts may also require a completed court cover sheet or local forms. Contact the clerk of the probate division in the appropriate county to confirm exact requirements and fees.
5. File the will: in person, by mail, or through counsel. You have several practical options:

• Mail: Many out-of-state filers send the original will by certified mail (or another trackable method) with a cover letter that identifies the decedent, the petitioner, and the requested filing action. Request return receipt or signature confirmation. Include a copy of the death certificate and the probate petition (signed and notarized if needed) and a stamped return envelope if you want the original returned to you or to the appointed personal representative.
• Local attorney: Hiring a Missouri probate attorney gives you someone to file in person, appear at any first hearing, and obtain letters testamentary or other court orders. An attorney can handle local procedural nuances and ensure the original is properly lodged with the clerk.
• In-person filing by a representative: If someone you trust is in Missouri, they can file the original for you at the probate clerk’s office following the court’s submission rules.

6. Ask the clerk about temporary custody and return of the original. Some Missouri clerks will accept an original will for filing and keep it in the court file. Others accept the original only while the court issues initial orders, then return it to the personal representative. Confirm local practice before sending the original. If you want the court to return the original after probate, include clear written instructions and a prepaid return envelope.
7. Service and notice. After you file, Missouri procedure normally requires notice to interested parties and potential heirs. If you are appointing a personal representative, be prepared to publish notice or send mailed notices as required by the court. The clerk or an attorney can explain local notice and service rules.
8. If the original will is unavailable. If the original was lost, destroyed, or cannot be produced, Missouri law allows probate of a copy or a lost will if you can prove the will’s contents and the reason the original is not produced. That process can require additional evidence, affidavits from witnesses, and possibly a hearing. See RSMo Chapter 474 for related procedures: RSMo Chapter 474 (probate).
9. Obtain letters testamentary or letters of administration. If the court admits the will to probate and appoints the personal representative, the court issues letters (letters testamentary for an executor named in a will, or letters of administration if there is no valid will). These letters show the personal representative’s authority to manage estate assets.

Practical considerations for out-of-state filers

• Use trackable delivery methods (certified mail with return receipt, UPS, FedEx) and insure the package if appropriate.
• Keep copies of everything you send and a clear inventory of the original will’s physical condition.
• Call the probate clerk before sending anything. Confirm required forms, fees, and whether the court accepts mailed originals or requires an in-person appearance or local counsel.
• If time is sensitive (e.g., bank needs papers to release assets), contact the institution and the court early. Some banks will accept a certified copy or temporary letters if the probate filing is pending.
• If the will is in another state, the holder may require a court order or a release form to relinquish the original. A local Missouri attorney can assist in obtaining necessary court documents or communications.

When to hire a Missouri probate attorney

Consider hiring a Missouri attorney if:

• The estate is large, complex, or includes Missouri real estate.
• There is likely to be a dispute about the will or heirs.
• The original will is missing or was executed in another state and you need help proving its validity.
• You prefer someone to represent you at hearings or to file paperwork and obtain letters on your behalf.

An attorney can file paperwork, appear at hearings, and receive original documents in person so you do not have to travel.

Helpful hints

• Contact the local probate clerk before you send the original — requirements vary by county.
• Include a clear cover letter stating the decedent’s full name, date of death (if known), your relationship to the decedent, and a request that the will be filed and admitted to probate.
• Include a certified copy of the death certificate with your filing package.
• If the will is self-proved, note that prominently — it can speed the process.
• Consider using a Missouri attorney if you are unsure about venue, forms, or how to prove a lost will.
• If you send the original by mail, buy insurance, use a trackable service, and keep receipts and tracking numbers.
• Save copies of every document you send and retain proof of mailing and delivery.

Where to look for official rules and forms: See the Missouri Revised Statutes, Chapter 474 for probate procedure: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474. For county-specific forms and filing instructions, go to the website of the circuit court for the county where you will file or call the court’s probate clerk.

Final note and disclaimer: This article explains common Missouri procedures for submitting an original will when you live out of state. It is general informational material only and does not constitute legal advice. For advice about your situation, contact a licensed Missouri attorney or the clerk of the circuit court where the probate would be filed.