FastCounsel

Disclaimer: This information is not legal advice. Consult an attorney for guidance specific to your situation.

Detailed Answer

During probate administration in Missouri, you must locate and submit the decedent’s original will or a filed copy to the circuit court. Missouri Revised Statutes require safekeeping and presentation of wills under RSMo § 473.033 and probate of wills under RSMo § 474.280. Follow these steps:

1. Identify the Proper Court and Case

1. Determine the county where the decedent lived at death. Probate proceedings occur in that circuit court.
2. Search the clerk’s records to see if the will was deposited for safekeeping under RSMo § 473.033.

2. Request a Filed Copy if the Clerk Holds the Will

3. Submit a written request to the circuit court clerk. Include the decedent’s name, date of death (if known), and case number (if assigned).
4. Pay any copying or certification fees. Fees vary by county; check the court’s fee schedule.
5. Obtain a certified copy stamped by the clerk. This copy functions like the original for many purposes, but you must still produce the original to probate.

3. Locate the Original Will in Private Custody

5. If a family member or attorney holds the original, ask for retrieval. Provide proof of your role (executor or personal representative) if requested.
6. If the original is lost, you may file a petition to admit a copy under RSMo § 474.310. Be prepared to prove the original’s contents and absence.

4. File the Original Will with the Probate Petition

7. Draft and complete a probate petition. Include the decedent’s information, nominates an executor, and list heirs.
8. Attach the original will. Missouri law requires you to present the will within 30 days after letters are granted (RSMo § 474.280).
9. File the petition and will with the circuit court clerk. The clerk will date-stamp the documents and open a probate case.
10. Serve notice on heirs and beneficiaries as required by RSMo §§ 474.360–.380.

Helpful Hints

• Confirm electronic filing options—many Missouri counties allow e-filing of probate documents.
• Keep a copy of the stamped original will and all court filings for your records.
• Request certified copies of the letters testamentary if banks or institutions require them.
• Monitor deadlines: missing the 30-day window for presenting the will may complicate admitting it to probate.
• Review the court’s local probate rules online to ensure you use correct forms and formats.