Detailed Answer
In Missouri, probate estates are public records filed in the county where a decedent lived or owned real property at death. To determine if an estate has been opened, follow these steps:
1. Identify the Proper County for Probate
Missouri law requires probate filings in the county where the decedent was domiciled at the time of death, or where real estate is located if the decedent was non-resident. See RSMo § 473.015.
2. Search the Missouri Case.net Online Records
The Missouri Judiciary offers a free web portal, Missouri Case.net (courts.mo.gov/casenet). On the site:
- Select “Public Case Search.”
- Choose the county determined in Step 1.
- Enter the decedent’s full name in the party name field.
- Review the results for a case type labeled “Probate.”
3. Contact the Circuit Court Clerk’s Office
If online records are unavailable or you need confirmation, call or visit the clerk of the circuit court in the appropriate county. Provide the clerk with the decedent’s name and date of death (if known). The office can confirm whether a probate estate has been opened and provide docket numbers or filing dates.
4. Check Local Newspaper Notices
Missouri law requires notice of probate filings to be published once each week for three consecutive weeks in a newspaper of general circulation in the county. See RSMo § 473.118. Reviewing the legal notice section in local papers (print or online archives) may reveal a notice of probate and identify the case number.
5. Verify Case Records In Person
For older cases or if online and clerk inquiries prove inconclusive, you can visit the courthouse in person. Request to view probate dockets or file indexes maintained by the clerk. Bulk indexes list cases chronologically and by party name.
6. Consider Professional Assistance
If you face difficulty locating records, you may consult a probate attorney or a title company. They routinely conduct probate searches and can help interpret findings. However, engaging a professional is optional and not required to access public records.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Helpful Hints
- Spell the decedent’s name exactly as it appears on official documents or obituaries.
- If the decedent owned property in more than one county, search each county’s probate docket.
- Use wildcard searches (e.g., Owens*) in Case.net if spelling is uncertain.
- Keep a record of case numbers and filing dates for future reference.
- Many circuit clerks accept written requests by mail with a self-addressed stamped envelope.