Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Understanding Subpoenas in Missouri Probate Proceedings
In Missouri, a court-ordered subpoena is a legal document that commands a person or entity to produce documents or testify under oath. In probate matters, you can use a subpoena duces tecum to obtain estate records, such as bank statements, property deeds, or corporate ledgers. Statutory authority for subpoenas in probate cases appears in RSMo Section 474.371 and in general by RSMo Section 478.060. Missouri Supreme Court Rule 57 outlines procedures for document subpoenas in civil and probate actions (Rule 57).
2. Steps to Obtain a Court-Ordered Subpoena
- Identify the Records and Witness: List the specific estate records or individuals holding the records (e.g., banks, accountants, title companies).
- Prepare a Subpoena Duces Tecum: Use the local probate court’s form or draft a document listing the case caption, date, time, and place for production of records.
- File a Motion or Request: File a written motion or request for issuance of the subpoena with the probate division clerk. Attach an affidavit explaining why the records are relevant.
- Obtain Judge’s Signature: Submit the proposed subpoena to the probate judge for signature. Once signed, it becomes a court order.
- Serve the Subpoena: Serve the subpoena on the holder of records by a sheriff or licensed process server at least 10 days before the production date. Service must comply with RSMo Section 478.070.
3. Using the Subpoena to Gather Estate Records
On the scheduled date, the custodian of records must appear and produce the requested documents. You may inspect, copy, or photograph the records in the presence of the custodian. If the custodian objects or fails to comply, file a motion to compel under RSMo Section 478.150. The court can hold the custodian in contempt for non-compliance.
4. Preserving and Using Gathered Records
Maintain a clear chain of custody. Mark each document with a list number and date. File obtained records with the court as exhibits to support accountings or petitions for distribution. Ensure confidentiality by requesting a protective order if records contain sensitive personal data.
Helpful Hints
- Check local probate court rules for specific forms and filing fees.
- Serve subpoenas well before hearings—Missouri requires at least 10 days’ notice.
- Confirm authority: only personal representatives or interested parties may request subpoenas in probate.
- Use a licensed process server to avoid service defects.
- Keep copies of all filings, service affidavits, and returned subpoenas for your case file.