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. 
 
How do I know whether to file as a new case or as an existing case when eFiling in Probate cases?
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.
 
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.