Disclaimer: This article provides general information and is not legal advice.
Understanding How to Request Estate Files in Missouri
Detailed Answer
Probate court records in Missouri are generally public under Missouri Revised Statutes section 473.440. To request estate files from a county probate division, gather the following information before submitting your request:
- Decedent’s Full Legal Name: The complete name as it appears on the will or court documents.
- Date of Death: The exact or approximate date helps locate the correct file.
- Case or Docket Number: If you have it, the probate clerk can retrieve files more quickly.
- County of Probate: Files are kept in the county where the decedent lived at the time of death.
- Your Relationship to the Decedent: Proof of status (e.g., heir or legal representative) may be required.
- Purpose of Request: Specify why you need the records (e.g., estate administration, genealogical research).
- Valid Photo Identification: A government-issued ID verifies your identity.
- Contact Information: Include your mailing address, phone number, and email.
Some counties require additional details, such as the date the will was filed or the name of the personal representative. Always confirm local requirements by visiting or calling the probate clerk’s office. You may also need to pay a fee for certified copies or document searches under RSMo. § 472.360 (https://revisor.mo.gov/main/OneSection.aspx?section=472.360).
Once you have all necessary details, you can submit your request:
- In Person: Visit the county probate clerk’s office and complete a records request form.
- By Mail: Send a written request with copies of your ID, a self-addressed stamped envelope, and payment.
- Online: Some counties offer electronic requests through their official websites.
If the records are sealed or partially closed by court order, you may need to file a motion and obtain a judge’s approval before accessing them.
Helpful Hints
- Verify the correct county: Probate jurisdiction is based on the decedent’s last residence.
- Use the Missouri Revisor of Statutes (revisor.mo.gov) to check current rates and procedures.
- Ask about expedited services if you need records quickly.
- Keep copies of all correspondence, request forms, and receipts.
- If your initial request is denied, ask for the reason and what additional steps you must take.