Disclaimer: This article is for educational purposes and is not legal advice. Consult an attorney to address your specific situation.
Detailed Answer
Under Missouri law, probate matters proceed in the circuit court of the decedent’s residence. When you file a petition to admit a will or to appoint a personal representative, Missouri Revised Statutes §473.050 requires the court to set a hearing date within 10 to 30 days and to notify interested parties. If no hearing date appears on your case docket, you can take the following steps to request and schedule one:
- Confirm Petition Filing: Verify with the clerk’s office that your petition is on file. Obtain a certified copy of the filed petition and proof of filing stamp.
- Review RSMo §473.050: Section 473.050 states the court “shall fix a time for the appearance and proof” after a petition is filed. Read the full text: RSMo §473.050.
- Draft a Motion to Set Hearing: Prepare a “Motion to Set Probate Hearing” that cites §473.050. State that you filed your original petition and request the court to schedule a hearing date promptly. Attach a proposed order.
- Serve the Motion: Serve the motion and proposed order on all interested parties under the Missouri Rules of Civil Procedure.
- File and Follow Up: File the motion with the court clerk. Contact the probate clerk within a few days to confirm receipt and to obtain the hearing date.
- Consider Court Intervention: If the court still does not set a hearing, you may file a petition for a writ of mandamus or consult an attorney for further steps.
Serve all required statutory notices to heirs and creditors according to RSMo §473.360 and RSMo §473.381.
Helpful Hints
- Keep a detailed timeline of all filings and communications with the clerk.
- Check your local circuit court’s probate rules for any additional scheduling requirements.
- Maintain proof of service for every document you file.
- File deadlines can be strict. Act quickly if the court delays.
- Consult a probate attorney if any party contests scheduling or for complex estates.