Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your circumstances, consult a licensed attorney.
Detailed Answer
Under Missouri law, the “two-year rule” extends the deadline for unknown creditors to present claims against an estate within two years after issuance of letters testamentary or letters of administration. This extension applies only if the personal representative satisfied the statutory notice requirements found in RSMo 473.333 and RSMo 473.360.
To verify whether those notice requirements were met in the original estate, follow these steps:
- Locate the probate case file. Identify the case number and probate division where the decedent’s estate was administered. You can search online court records or contact the clerk of the probate division in the county where the decedent resided.
- Obtain certified copies of key documents. Request from the court clerk:
- The Order for Notice to Creditors issued under RSMo 473.333 (https://revisor.mo.gov/main/OneSection.aspx?section=473.333).
- Affidavits or certificates of mailing showing notice mailed to known creditors within three months of letters being granted.
- Proof of publication in a county newspaper (typically run once a week for at least three consecutive weeks), as required by RSMo 473.333.
- Review timing and content. Confirm that:
- Mailing to known creditors occurred within three months of the grant of letters.
- Publication began within three months of letters and ran for the required period.
- The personal representative filed proof of mailing and publication with the court before the statutory deadline.
- Confirm statutory deadlines. Under RSMo 473.360 (https://revisor.mo.gov/main/OneSection.aspx?section=473.360), known creditors must present claims within one year after letters are granted. Unknown creditors have up to two years—but only if proper notice by publication was given.
- Assess completeness. If the court file contains both the order for notice and the proofs of mailing and publication filed on time, the estate satisfied the notice requirements. You may then rely on the two-year rule to present a claim on behalf of an unknown creditor.
If any document or proof is missing, the notice process may be defective. In that case, you should consider requesting the missing filings from the personal representative or consulting an attorney to explore your options.
Helpful Hints
- Visit or call the probate clerk’s office for public access procedures—some counties charge small fees for certified copies.
- Use Missouri’s online case access portal (if available) to download electronic filings quickly.
- Keep a file with all dates of letters, mailings, and publications to track deadlines precisely.
- If you cannot find proof of publication, check local newspapers’ archives or contact the newspaper’s legal notices department.
- When in doubt, consult a probate attorney to determine whether notice was adequate and whether the two-year period applies to your claim.