Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Missouri probate, you must serve all “interested parties”—heirs, devisees, creditors and other persons entitled to notice—before a court will act on motions or orders. The probate code provides several service methods. Follow these steps to serve court orders properly and move your probate case forward:
- Identify Interested Parties. Review the decedent’s will (if any) and consult county inheritance records to list all heirs and devisees. Check creditor claims filed under RSMo §473.127 (Notice to Creditors).
- Choose a Service Method.
- Personal Service or Mail: Deliver the order by certified mail, return receipt requested, or hire a sheriff or process server for personal delivery. After service, file the receipt or affidavit of service with the probate court.
- Service by Publication: If a party cannot be located with reasonable diligence, publish notice once a week for three consecutive weeks in a newspaper of general circulation in the decedent’s county. See RSMo §473.450 (Service by Publication).
- Service on Minors or Incompetents: If an interested party is a minor or declared incompetent, serve the guardian or conservator under RSMo §473.093 (Service When Party Has Guardian).
- Prepare Proof of Service. Once service is complete, file a signed affidavit or return of service. Include date, method, and addressee. The court will not proceed without this proof.
- Observe Deadlines. Missouri probate deadlines vary by order type. For petitions and objections, interested parties generally have 30 days to respond after service. Always check local court rules.
- Request a Hearing or Entry of Order. After service proof is on file, schedule a hearing or submit an order for the judge’s signature. The court clerk will notify served parties of hearing dates under standard probate scheduling rules.
Key Missouri Statutes
- RSMo §473.093 – Service on guardians, minors, incompetents and unserved devisees
- RSMo §473.127 – Notice to creditors
- RSMo §473.450 – Service by publication
Helpful Hints
- Create a service log to track each party’s name, address, service date and method.
- Use certified mail with return receipt to prove delivery when personal service isn’t required.
- Contact the probate clerk to confirm any local rules or additional forms.
- For elusive parties, document your search efforts before requesting service by publication.
- Keep copies of all notices, affidavits and mail receipts in your case file.