FAQ

Where can I find information on eFiling in Probate cases?
Information concerning eFiling in Probate cases is available in the eFiling section of the Jackson County Circuit Court's Website. 
 
Where are Probate Department Staff Located? 
The most up to date Information concerning Probate Department contact information can be found on the Court's website.  Effective June 16, 2017, some department staff will be relocated between the Kansas City and Independence Probate offices.  Please see attached notice.
 
How do I know whether to file as a new case or as an existing case when eFiling in Probate cases?
Information related to this can be found on the Instruction Sheet for Filing Probate Pleadings.
Beginning on January 1, 2017: 

File as a New Case if Case/Estate is Disposed.

If a probate case has been disposed, do not file new matters under the existing case number.  File as a new case.  In the note to clerk, you may mention the existing case number.

File as a New Case if you are filing a Petition for Successor Fiduciary.  In the note to clerk, you may mention the existing case number.

File as a New Case if you are filing a Competing Petition for Appointment.  In the note to clerk, you may mention the existing case number.

File under the existing open estate when filing adversarial matters relating to an existing open estate.

The Court will review your pleadings and may designate them as separate case numbers.  When a new case number is designated by an adversary order, all future filings relating to that specific matter shall be filed under the assigned case.

 

Which pleadings must be submitted physically to the Probate Department after eFiling the pleading?
Please see Local Court Rule 72.3.
Notice re:  Revised Rule 72.3
 
Which Corporate Surety Companies are currently approved by the Court?
The Probate Department verifies that the surety company has an active status with the Department of Insurance before approving the bond.
Department of Insurance Company Search Look-up
 
Am I required to retain an attorney in order to file a probate matter?
Missouri Law requires an attorney in certain matters.  Please see the Notice to Pro Se Litigants.
 
Why can't Court Staff answer my questions and/or assist me with filing a probate matter?
Court Clerks are prohibited from giving legal advice pursuant to 484.020 RSMo.
Court Clerks may provide limited assistance in filling out forms necessary for obtaining an order of refusal of letters pursuant to 473.091 RSMo.
 
What other resources are available? 
Resources List
 
Notice to Attorneys Regarding Fines
Effective June 1, 2015, the Fine for Citations and Orders to Show Cause Why Fiduciary Should Not Be Removed increases.  Please see the Notice to Attorneys Re Fines.
 
Notice to Attorneys Regarding Minor Guardianship/Conservatorship Estates
Effective immediately, if a petition for guardianship/conservatorship of a minor indicates that either of the natural parents of the minor are deceased, the petitioner must file a copy of the deceased parent's death certificate.