Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney in Missouri.
Detailed Answer
When a will, trust document, financial statement or other estate record goes missing and an institution refuses to cooperate, Missouri law provides legal tools to obtain these records.
First, send a written request to the custodian. Cite Mo. Rev. Stat. § 474.150, which authorizes an executor or personal representative to demand certified copies of documents (Mo. Rev. Stat. § 474.150). Include a clear description of the documents, a reasonable deadline and retain proof of delivery.
If the institution still refuses, open a probate estate. Under Mo. Rev. Stat. § 473.167, you petition the probate division of your county’s circuit court to appoint you as personal representative (Mo. Rev. Stat. § 473.167). Once appointed, you gain authority to act on behalf of the estate and enforce statutory rights.
Next, file a petition for a citation to produce documents under Mo. Rev. Stat. § 473.588. The court issues a citation directing the institution to appear and deliver the requested records to the court clerk. Failure to comply can lead to contempt sanctions or fines (Mo. Rev. Stat. § 473.588).
If necessary, you can also secure a subpoena duces tecum under the Missouri Supreme Court Rules of Civil Procedure. Rules 57 and 58 allow you to compel both testimony and document production. Find the rules at courts.mo.gov.
Once the court issues an order or subpoena, serve it according to the court’s rules. If documents still do not arrive by the deadline, file a motion to enforce the order or a contempt motion. The court can impose penalties until the institution complies.
Helpful Hints
- Keep all written requests and proof of delivery (certified mail, return receipts).
- Create a log tracking each communication, date sent and response received.
- Review Missouri probate statutes in Chapter 473 for additional procedures.
- Consult a probate attorney early to avoid procedural pitfalls.
- Check alternate sources: IRS filings, title company records or closing attorneys may hold copies of key documents.