Probate Department
Probate Department
The Probate Division of the 7th Judicial Circuit has statutory authority over the estates of deceased persons and incapacitated or disabled adults and minors, which may include a Guardianship or Conservatorship. The Probate Division also adjudicates cases involving wills and trusts, the estates of deceased persons who did not have a will and cases involving a civil commitment to treatment facilities of persons who are mentally ill or who have substance abuse problems. The Probate Division is located in the James Rooney Justice Center and is the proper place to file matters properly under the authority of the Probate Division.
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.
Case information may be accessed via Case.net.
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.
Case information may be accessed via Case.net.
Notice to Attorneys and Proposed Guardian/Conservator
******IMPORTANT INFORMATION******
GUARDIAN AND CONSERVATOR ACTIONSProposed Guardian/Conservator Background and Credit Screenings
§475.050, et seq. – See Also Senate Bill 806
Effective August 28, 2018, Missouri law changed to require certain background screenings and credit history be on file and in evidence any all proposed guardians and conservators with only some exceptions:
- Any proposed guardian/conservator is required to file a Background Screening, including a Criminal Records, disqualification lists of the Departments of Mental Health, Social Services, Health and Senior Services, abuse and neglect registries, and sex offender registry.
- The following persons are exempt from this new requirement: the Public Administrator, the ward’s spouse, parent (grandparent), or adult child. Sec. 475.050.4-6 RSMo.
- The Missouri State Highway Patrol (MSHP) compiles and disseminates criminal history records. Fingerprinting is required for such background screening. The web site for the MSHP’s fingerprinting vendor is machs.mo.gov where it is referred to as a Personal Review Application. The Fingerprint online code number is 9999. Other background screenings can be obtained via DMH. Petitioner is also responsible for preparing and submitting a “Caregiver Background Screening Form”. This Form and is located on the DMH website of https://dmh.mo.gov/hr/careback The contact number for the MSHP CJIS Division for information regarding background checks and fingerprinting is (573) 526-6153.
- If appointment of a conservator or fiduciary is sought, the Petitioner must obtain and file a credit history investigation report on the proposed conservator from a private agency at their own expense
- The Petitioner is responsible for obtaining required background screening reports and/or credit histories. Such reports must be certified either by affidavit or by obtaining a certified copy of the report. All required reports must be filed with the Court no later than 10 days prior to the final hearing or trial in the case. The Court cannot enter an Order appointing a guardian or conservator until such reports are filed and reviewed. Sec. 475.050.6 RSMo.
CAUTION: This Notice is not a comprehensive summary of all the legal changes to Chapter 475 which have become effective as of August 28, 2018. Please review Chapter 475 in full .
Probate FAQs
Am I required to retain an attorney in order to file a probate matter?
Missouri Law requires an attorney in certain matters.
Cases that require retaining an attorney are:
- Application for Letters of Administration
- Application for Letters Testamentary
- Application for Letters DBN
- Application for Letters with Will Annexed
- Petition for Determination of Heirship
- Petition to Require Administration
- Application for Letters of Conservatorship of an Adult or Minor
- Affidavit to Establish Title to Distributee with Real Property (Small Estate Affidavit)
- All Emergency Applications for Letters of Guardianship and/or Conservatorship for a Minor or Adult
Cases that may be filed without retaining an attorney are:
- Applications for Letters of Guardianship and/or Conservatorship for an Adult or Minor
- Affidavit to Establish Title to Distributee without Real Property (Small Estate Affidavit)
- Refusals of Letters – (Spousal/Creditor/Minor)
- Will Filed Only
- Will Admit
- Will Filed During Lifetime
Clay County Local Court Rule requires an attorney be retained for the following:
- Any estate with real property
- Applications for Letters of Guardianship and/or Conservatorship for Minor
- Applications for Letters of Conservatorship of an Adult
- Affidavit to Establish Title of Distributee with property valued over $15,000.00
Is a Certificate of Death needed on decedent’s estates? Does it have to be a certified copy?
Filings on all decedent’s estates must include a certificate of death. It does not need to be a certified copy; a copy is preferred.
How do I obtain a background search for the proposed guardian/conservator as required by Senate Bill 806?
Background searches may be requested through the Missouri State Highway Patrol. For your convenience, the form number for the Caregiver Background Screening is MO 300-1590.
How can I file pay filing fees, court costs, or fines if I can't deliver them in person?
We are currently accepting the following forms of payment:
- Money Order.
- Cashier's Check.
- Personal Check. (Personal checks will not be accepted in lieu of a cash bond.)
- Credit/Debit Card (Visa, MasterCard, Discover & American Express). Please Note: Transactions less than $50 have a $2.00 processing fee. Transactions of $50 or more have a 4% processing fee.
- Please do not mail any cash or coins.
How can I receive email notifications or text messages when docket entries are made on a case?
Visit case.net and pull up the case. Under the "Case Header" tab, click on the "Track This Case" icon and follow the prompts. More information about Track This Case is available here.
Forms
- Confidential Filing Information Sheet - PROBATE (pdf)
- PR 16 Affidavit to Establish Title of Distrubutee - Small Estate - Intestate (pdf)
- PR 17 Affidavit to Establish Title of Distrubutee - Small Estate - Testate (pdf)
- PR 27 Exhibit B (Legatees) (pdf)
- PR 28 Petition for Determination of Heirship (pdf)
- PR 22 Exhibit A (pdf)
- PR 23 Application of Creditor for Refusal of Letters (pdf)
- PR 26 Exhibit B (Heirs) (pdf)
- Application of Surviving Spouse for Refusal of Letters (word)
- PR 33 Application of Surviving Spouse for Refusal of Letters (pdf)
- Application of Unmarried Minor Child(ren) for Refusal of Letters (word)
- PR 25 Application of Unmarried Minor Children for Refusal of Letters (pdf)
- More Probate Forms
7TH JUDICIAL CIRCUIT COURT OF CLAY COUNTY, MISSOURI
Liberty, Missouri
ADMINISTRATIVE ORDER
Effective August 28, 2018PROBATE COURT COSTS AND OTHER FEES
PAYABLE to CLAY COUNTY CIRCUIT CLERK
| Full Deceased Estates | Costs | Note |
|---|---|---|
| Supervised and Independent (Costs due with Application regardless of value of estate) | ||
| Testate (Attorney responsible for all publications) | $210.50 | |
| Intestate (Attorney responsible for all publications) | $170.50 | |
| Successor Letters Deceased Estate | $115.00 | |
| Re-open Estate | $135.50 | |
| Estate Open for Lawsuit Only | $135.50 | |
| Petition to Require Administration (Attorney responsible for all publications) | $170.50 | No Will |
| Petition to Require Administration (Attorney responsible for all publications) | $210.50 | With Will |
| ** Additional costs based on inventory value (The court does not want these costs paid until the inventory is filed.) | ||
| Inventory Value | Additional Costs | Note |
| $50,001 - $100,000 | $50.00 | |
| $100,001 - $150,000 | $100.00 | |
| $150,001 - $200,000 | $150.00 | |
| $200,001 - $250,000 | $200.00 | |
| $250,001 - $300,000 | $250.00 | |
| $300,001 - $350,000 | $300.00 | |
| $350,001 - $400,000 | $350.00 | |
| $400,001 - $450,000 | $400.00 | |
| $450,001 or more | $450.00 | |
| There shall be an additional fee of $30.00 for each twelve months or part thereof after the first twelve months an estate remains open BEFORE the filing of the Final Settlement or Statement of Account. | ||
| Dispensing With Administration of a Disabled Now Deceased | Costs | Note |
| When a disabled person had no Will and the time for filing claims in the disabled estate has passed, the deceased estate can be closed out in the disabled estate. | $55.50 | |
| Refusals (Administrative Rule No. 21) | Costs | Note |
| Spouse (no Will being admitted to probate) | $65.50 | |
| Spouse and admitted Will (filed at same time) | $100.50 | |
| Minor (no Will being admitted to probate) | $65.50 | |
| Minor and admitted Will (filed at same time) | $100.50 | |
| Amended spouses, minors or creditors | $65.50 | |
| Creditor (no Will being admitted to probate) | $65.50 | |
| Creditor with admitted Will | $100.50 | |
| Small Estate | Costs | Note |
| $40,000 or less, including real estate and personal property. | ||
| Affidavit (no Will being admitted to probate) | $65.50 | |
| Affidavit and admitted Will (filed at same time) | $100.50 | |
| Amended affidavit | $65.50 | |
| Over $15,000, attorney responsible for publication | ||
| Admitting Will to Probate | Costs | Note |
| Fee (No Letters Issued) | $65.50 | |
| Estate of Absent Person | Costs | Note |
| Fee (Attorney responsible for all publications) | $130.50 | |
| Application for Determination of Heirship | Costs | Note |
| Fee (Attorney responsible for all publications) | $80.50 | |
| Dismissal of Application for Letters of Any Kind of Case | Costs | Note |
| No refund | ||
| Trusts (Adversary Only) | Costs | Note |
| Fee | $80.50 | |
| Guardianships and Conservatorships (Minors) | Costs | Note |
| Guardianship and/or Conservatorship | $105.50 | |
| Missing parent (Attorney responsible for all publications) | $.00 | |
| Additional $25.00 each twelve months or part thereof after the first twelve months an estate remains open after grant of Letters (until order of discharge is entered). | ||
| Successor Letters for Minor | $70.00 | |
| Stand-by Guardian for Minor | $70.00 | |
| Dispensing with Conservatorship of Minor | $35.00 | |
| Guardianship and Conservatorship (Adults) | Costs | Note |
| Guardianship and/or Conservatorship (Attorney responsible for all publications) | $130.50 | |
| Conservatorship (Attorney responsible for all publications) | $130.50 | |
| Guardianship | $130.50 | |
| Dispensing with administration of a disabled now deceased | $55.50 | |
| Service | Costs | Note |
| Checks for service in Clay County should be made payable to the Sheriff of Clay County for $50.00. If service is needed in another county, the attorney should check for service fees with that county and submit a check for that amount with the application. | ||
| $85.00 | ||
| $85.00 | ||
| Dismissal of Application (Adult/Minor) Before Hearing | Costs | Note |
| No refund | No refund | |
| Non-Resident Conservator (Section 475.340) | Costs | Note |
| Proceedings for sale of real estate by non–resident conservator | $65.50 | |
| Notice of Appeal | Costs | Note |
| Fee | $80.00 | |
| Deposit of Will for Safekeeping (During Lifetime) | Costs | Note |
| Fee | $3.00 | |
| Time Payment Fee (See Local Court Rule 5.7) | Costs | Note |
| Fee | $25.00 | |
|
Effective November 7, 2005 The Clerk shall impose a fee of twenty-five dollars on each person who fails to pay a court-ordered judgment, penalty, fine, sanction, court costs, restitution or juvenile monetary assessment within thirty (30) days of the date of the court imposed judgment, penalty, fine, sanction or court cost. |
||
| Duplication Fees | Costs | Note |
| Certified Copies | ||
| $4.00 | ||
| $1.00 | ||
| Authenticated | ||
| $6.00 | ||
| $1.00 | ||
| Photocopy | $1.00 | Per page |
| Copies printed from microfilm | $1.00 | Per page |
|
Photocopies of 10 or more pages from one or more files may be charged actual cost of search and copying. All copies mailed will be charged cost of postage and packaging. |
||
SO ORDERED this 20th day of July, 2021.
Contact Information and Other Links
| Building: | James S. Rooney Justice Center |
| Address: | 11 South Water Street Liberty, Missouri 64068 |
| Telephone: | 816-407-3880 |
| Email: | probate@circuit7.net |