Disclaimer: This article provides general information only and does not constitute legal advice. Consult an attorney to address your specific situation.
Detailed Answer
Determining the proper venue to open or transfer a decedent’s estate in Missouri depends on the decedent’s domicile and the location of estate property. Missouri law outlines key rules:
- Primary Venue by Domicile: Estates generally open in the circuit court probate division of the county where the decedent was domiciled at death. See RSMo § 473.120(1). Domicile refers to the decedent’s true, fixed, and permanent home.
- Ancillary Administration for Non-Resident Decedents: If the decedent was not domiciled in Missouri but owned property here, a foreign personal representative may apply for ancillary letters in the county where property is located. Requirements and procedure appear in RSMo § 472.300.
- Handling Property in Multiple Counties: When a decedent was domiciled in one Missouri county but held assets in other counties, the personal representative may seek ancillary administration or a certificate of authority in each county where assets lie. See RSMo § 472.040.
- No Domicile or Probate Property: If the decedent left no estate property in Missouri but died here, the estate opens in the county where death occurred under RSMo § 473.120(4).
Helpful Hints
- Confirm domicile by reviewing the decedent’s last address, voter registration, and tax filings.
- Create a property checklist sorted by county to identify where ancillary letters may be needed.
- Contact the probate division clerk in advance to verify required forms and local rules.
- Consider engaging a Missouri probate attorney to navigate multi-county estates.