Notifying Heirs and Interested Parties When Opening Probate in Missouri
Disclaimer: This is general information only and is not legal advice. Consult a Missouri probate attorney or your local probate court before acting.
Detailed answer — What notices you need to send under Missouri law
When you file a petition to open probate in Missouri (to admit a will or to appoint an administrator), you must notify the people who have a legal interest in the estate. The goal is to make sure heirs, devisees (will beneficiaries), and known creditors learn of the proceeding so they can take any steps the law allows. Missouri law governing probate administration and intestate succession is in the Missouri Revised Statutes (see Chapter 473 for administration/probate matters and Chapter 474 for who counts as an heir):
RSMo Chapter 473 and RSMo Chapter 474.
Key notices you will typically need to send
-
Personal notice to heirs and beneficiaries (interested persons).
If you are the petitioner, you must identify and provide notice to “interested persons” — people who stand to inherit under a will or by intestacy (spouse, children, other heirs). Provide each known heir and each named devisee with written notice of the probate filing and any upcoming hearings. This lets them object, accept appointment, or take other procedural steps. Use the definitions in Chapter 474 to determine who qualifies as an heir.
-
Notice to the fiduciary or appointment notice.
If the court appoints a personal representative (executor/administrator), the appointee must notify heirs and beneficiaries of the appointment and of the fiduciary’s contact information so they can submit claims or get estate information.
-
Notice to known creditors.
Missouri procedures require notice to known creditors so they may present claims. For creditors you can identify, send them direct written notice (typically by mail). The probate process also generally requires publication notice for unknown creditors (see below).
-
Publication (legal) notice to unknown creditors and the public.
If there may be unknown creditors, the court or personal representative will publish a notice in a local newspaper of general circulation. Publication provides constructive notice to creditors the estate may owe money to. Publication usually starts certain claim deadlines that apply to unknown creditors; keep the court’s instructions and timelines in mind.
-
Filing proof of service with the court.
After you mail or serve notices, you must file affidavits or certificates proving that the notices were sent and how they were delivered. The court record needs this proof to proceed and to fix deadlines for claims and objections.
What each notice should include
While form language varies by county and case type, notices commonly include:
- Name of the decedent and the probate case number
- Type of petition filed (will admitted, appointment of administrator, etc.)
- Date the petition was filed and the name of the petitioner
- Name and address of the personal representative (if appointed) or the petitioner
- Deadline and procedure for filing claims or objections and the date of any scheduled hearing
- Instructions on how to obtain a copy of the petition or will (if admitted)
Timing and deadlines — practical guidance
Missouri law ties certain creditor and objection deadlines to when notice is given or published. Because those timelines affect your rights (and the estate’s liabilities), deliver personal notices promptly after filing the petition, publish the legal notice as required by the court, and file proof of service quickly. The exact deadlines can vary by case type and local rule, so check the probate clerk’s instructions or consult an attorney for precise timing.
How to deliver notices
- Send personal notices by first-class mail and consider certified mail with return receipt for difficult-to-locate heirs.
- For parties within Missouri, many clerks accept mail service; for out-of-state heirs, use reliable interstate mail or service methods that create a record.
- File an affidavit of service or certificate of mailing with the court to prove notice was given.
Practical examples (hypothetical)
Example 1: Decedent left a will naming two beneficiaries and a surviving spouse. The petitioner mails written notice and a copy of the petition to the spouse and both beneficiaries and files affidavits of service. The petitioner also publishes a notice to unknown creditors in the local newspaper and mails notice to two known creditors identified from the decedent’s records.
Example 2: Decedent died intestate (no will). The petitioner identifies heirs under Chapter 474 (spouse and children). The petitioner mails personal notice to those heirs, publishes a creditors’ notice, and files proof of service so the court and heirs know the process has started.
Where to find Missouri forms and local rules
County probate clerks often provide required forms and instructions for notice, service, and proof-of-service filings. You can also review Missouri statutes for general rules: RSMo Chapter 473 (probate administration) and RSMo Chapter 474 (intestate succession). For county-specific procedures, contact the probate division of the county where the decedent lived.
Helpful Hints
- Start by creating a list of all potential heirs, beneficiaries, and known creditors using wills, bank records, and tax returns.
- Use certified mail (return receipt) or another trackable method for personal notices so you can prove delivery.
- Publish the creditors’ notice in the county where the decedent lived if the court requires publication; keep copies of the published notice and the publisher’s affidavit.
- File affidavits or certificates of service with the probate court immediately after mailing or publishing notices.
- When in doubt about who qualifies as an “interested person” or how to calculate deadlines, consult a probate attorney in Missouri or ask the probate clerk for guidance.
- Be mindful of interstate issues — heirs living outside Missouri may still require the same notice, and their different addresses can affect timing.
- Keep detailed records: copies of mailed notices, postal receipts, publication affidavits, and any returned mail.
- Missing a required notice or failing to prove service can delay the estate administration or revive creditor claims; err on the side of providing more notice rather than less.