Missouri: How to Review and Correct Missing or Incorrect Probate Filings in Your Father’s Estate

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Short answer: In Missouri you can review probate filings by obtaining the estate’s court file (docket and documents) from the probate court where your father’s estate was opened. If required filings are missing or contain errors, you can ask the personal representative to correct them, request the court to compel production or an accounting, ask the court to amend or correct filings, or — if necessary — petition the court to remove the personal representative or hold them responsible. This article explains how to find, review, and pursue corrections under Missouri law and practical next steps.

Where to start: locate the probate case and file

  1. Identify the correct county probate court. Probate is handled in the county where the decedent lived at death. If you don’t know the county, check the death certificate, obituary, or probate notices.
  2. Search Missouri’s public court records system (Case.net) for the estate case. Missouri’s case search is here: https://www.courts.mo.gov/casenet/base/welcome.do.
  3. If you find the case online, note the case number and download the docket and any available filed documents. If the case is not online or full documents are not available, contact the clerk of the probate court in that county and request to view or obtain copies of the court file (docket sheet, petitions, orders, inventories, accountings, and letters).
  4. When you view the file, look for these typical filings and documents:
    • Petition for probate (petition to admit will or to open intestate administration)
    • Letters testamentary or letters of administration (showing who is the personal representative)
    • Inventory of assets and appraisals
    • Notices to creditors and proof of service
    • Accountings or petitions for settlement/distribution
    • Court orders and the final decree of distribution

Important Missouri legal resources

Missouri’s statutes governing decedents’ estates are collected in Chapter 474 of the Revised Statutes. You can review the chapter here: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474. For practical access to court dockets and documents use Case.net: https://www.courts.mo.gov/casenet/base/welcome.do.

Common problems you may see

  • Required filings are missing (no inventory, no accounting, or no notice to known heirs).
  • Filed documents contain incorrect facts (wrong asset values, omitted assets, wrong heir names or addresses).
  • Clerical errors in petition captions, wrong case number, or misfiled exhibits.
  • The personal representative is not responding or is failing to carry out duties.

How to correct missing or incorrect probate filings in Missouri

Choose steps that match the situation and the stage of administration. Below are common and effective remedies.

1. Start with informal requests

  • Contact the personal representative in writing. Ask for copies of the missing documents or corrected versions. Keep a record of your requests (letters, emails).
  • Provide any missing information or documents that the personal representative asks for, such as beneficiary contact information or asset documentation.

2. Request documents from the court clerk

  • Obtain certified copies of filings or the docket. The clerk can help identify what is on file and what is not.
  • If you cannot locate a required filing, ask the clerk for guidance about next steps (some clerks explain how to file a formal request for production or a motion).

3. File formal motions in the probate court (when informal requests fail)

  • Motion to compel production or a formal petition for an accounting — if the personal representative has not filed an inventory or an accounting, you can ask the court to order the PR to file required records and to explain asset management.
  • Motion to amend or correct the record — for clerical mistakes or obvious errors, ask the court to allow amendment or to issue a nunc pro tunc order correcting the record. Courts routinely correct clerical errors when appropriate.
  • Objection to an accounting or proposed distribution — if you find incorrect or omitted items in an accounting, you can formally object and ask the court to require corrections before distribution.

4. Seek removal or surcharge if there is misconduct

  • If the personal representative has mismanaged assets, concealed property, or failed to follow court orders, a beneficiary or interested person may petition the court to remove the personal representative or to surcharge (charge) the PR for losses to the estate.
  • The court may hold a hearing, order an accounting, appoint a special administrator, or order other remedies.

5. Use contempt or other enforcement tools

  • If the court has already ordered the PR to file documents and the PR refuses, you may ask the court to hold the PR in contempt. Contempt can lead to sanctions intended to force compliance.

Practical steps and documents to gather before you act

  • Death certificate, any version of the decedent’s will, and contact info for the named executor.
  • Copies of documents you already have: bank statements, property deeds, insurance policies, beneficiary designations.
  • List of questions and specific items that appear missing or incorrect in the probate file (be as concrete as possible: dates, amounts, account numbers, etc.).
  • Proof of your interest in the estate (you are a named beneficiary, heir at law, or creditor).

When to consult an attorney

If informal requests and court motions do not resolve the problem—or if the situation involves alleged theft, serious breaches of fiduciary duty, complex tax or real estate issues—consult a probate attorney. An attorney can prepare pleadings, appear at hearings, calculate potential surcharges, and protect deadlines. If you choose representation, find an attorney experienced in Missouri probate and fiduciary litigation.

Timing and deadlines

Missouri law sets deadlines and procedures that affect notice, creditors’ claims, and appeals. Missed deadlines can limit your remedies. Review Chapter 474 and confirm timing with the court clerk or an attorney before relying on any deadline. Chapter 474 (Decedents’ Estates Generally) is available here: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474.

What to expect at a court hearing

  • The judge will review pleadings and evidence and may order the personal representative to produce records, amend filings, provide an accounting, or take corrective action.
  • Hearings are often the point where disputes are resolved or where the court appoints a neutral party (special administrator or auditor) to inspect the estate’s records.

Final notes

Many probate disputes are resolved by obtaining clear records and using the court’s routine procedures to require honest, transparent administration. Start by obtaining the court file and communicating clearly and in writing with the personal representative. If those steps don’t work, use the tools above and consider attorney help for contested matters.

Disclaimer: This article explains general Missouri probate procedures and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Missouri attorney.

Helpful Hints

  • Always get and keep certified copies of court orders and filings; those documents are crucial for enforcement.
  • Document every request and response in writing—emails and letters create a paper trail that helps in court.
  • Use Case.net to find filings and docket entries before visiting the clerk’s office: Case.net.
  • Before filing motions, ask the clerk about local probate procedures and required forms—rules vary by county.
  • If you are unsure whether you are an interested person (eligible to receive notices or to file objections), bring documentation of your relationship to the decedent to the clerk or an attorney.
  • When corrections are clerical (typos, wrong docket numbers), ask the court for a nunc pro tunc or amendment; courts commonly correct clerical mistakes.
  • If the case involves possible criminal misconduct (theft, forgery), report concerns to law enforcement in addition to pursuing civil remedies in probate court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.