Disclaimer: This article provides general information about Missouri law. It does not constitute legal advice.
Missouri Probate Court Requirements
In Missouri, opening an estate requires filing a petition with the probate division of the circuit court where the decedent lived at death. Under Missouri law, your application to probate a will or to appoint an administrator must include a certified copy of the decedent’s death certificate. See RSMo § 473.095.
Alternatives When a Death Certificate Is Unavailable
If a certified death certificate is unavailable—due to fire, loss or delayed registration—the probate court may accept other satisfactory proof of death. Common alternative proofs include:
- An obituary published in a reputable newspaper or online platform.
- Funeral home or crematorium records.
- Affidavits from individuals who attended the funeral or have direct knowledge of the death.
Court acceptance of these alternatives is discretionary. You should submit any alternative proof along with a written explanation of why a death certificate cannot be obtained.
Petition for a Delayed or Supplemental Death Certificate
Missouri’s Vital Records law lets you request a delayed death certificate when the original was never filed or has been lost. Under RSMo § 193.295, you must:
- Complete the state registrar’s application form.
- Provide affidavits or documentary evidence of the death (e.g., obituary, funeral home record).
- Pay the required fee to the Department of Health and Senior Services.
After issuance, you can use the delayed certificate to open the estate.
Declaration of Death for Missing Persons
If the person disappeared and no death certificate exists, Missouri law allows you to petition for a legal declaration of death after five years. See RSMo § 474.070. The process involves:
- Filing a petition in the appropriate circuit court.
- Publishing notice to interested parties.
- Attending a court hearing where the judge reviews evidence of disappearance and presumes death.
Once the court issues an order declaring the person deceased, you can use that order to open probate.
Helpful Hints
- Contact the probate court clerk early to confirm local requirements.
- Gather multiple forms of secondary proof (obituary, affidavits, funeral records).
- If possible, obtain a delayed certificate under RSMo § 193.295 before petitioning probate.
- Consider a court declaration under Missouri’s missing persons statute (RSMo § 474.070) if no certificate exists.
- Consult a probate attorney for complex estates or contested filings.