Jackson County Circuit Court Document Filing Requirements

Applies to

Financial statements

In dissolution or legal-separation actions, each party must complete and file sworn Forms 1402A and 1402B and serve them on the opposing party within sixty days after service of the petition.

In all actions for Dissolution of Marriage or Legal Separation, a Statement of Marital and Nonmarital Assets and Debts (Form 1402A) and a Statement of Income and Expenses (Form 1402B) shall be completed by each party, executed under oath, filed with the Court and served on the opposing party within sixty (60) days from the date of service of the Petition.

Applies to

Financial statements

In child-support, alimony, or maintenance modification motions, each party must complete and file sworn Forms 1402B and 1402E and serve them on the opposing party within sixty days after service of the motion.

In all Motions to Modify Child Support, Alimony or Maintenance, a Statement of Income and Expenses (Form 1402B) and a Modification Statement of Assets and Debts (Form 1402E) shall be completed by each party, executed under oath, filed with the Court and served on the opposing party within sixty (60) days from the date of service of the Motion.

Applies to

Iv d income withholding notice

In IV-D cases, written notice must be submitted by Circuit Court Form 1408 or letter to the specified Department of Civil Records contact and must state the circuit case number, identify the case as IV-D, identify the obligor's employer and address, state the arrearage amount, and state the order's entry or modification date.

In IV-D cases, written notice is given to the Department of Civil Records by Circuit Court Form 1408 or letter directed to the Supervisor of the Domestic Relations Financial Section, Department of Civil Records, of the following: (1) 16th Judicial Circuit case number, (2) identification of case as IV-D case, (3) name and address of obligor's employer, (4) amount of arrearage due, and (5) date order entered or modified.

Applies to

Request for final court costs estimate

Form 10407, the Request for Final Court Costs Estimate, is required and must be filed at least two weeks before the final settlement.

(1) Request for Final Court Costs Estimate (filed at least two weeks prior to filing final settlement) (Form 10407)

Applies to

Final distribution filing

Must include

proposed order

The final-distribution filing must include receipts and a proposed order of discharge.

Within 60 days after the date of notice of approval of final settlement and order of distribution, the personal representative shall make distribution of the assets of the estate and file with the Court receipts and a proposed order of discharge.

Applies to

Order of distribution

Before the court signs an order of distribution, a recently certified copy of letters from a conservator appointed by another court must be in this court's file.

If a conservator is appointed by any court other than this court, a certified copy of the conservator's letters, certified within the last 6 months, must be in this court's file before the order of distribution will be signed.

Applies to

Pleadings

An attorney-filed pleading must be signed by at least one attorney of record and include the attorney's address, telephone number, facsimile number, available e-mail address, and Supreme Court bar number.

If filed by an attorney on behalf of a client, pleadings shall be signed by at least one (1) attorney of record and shall include the attorney’s address, telephone number, facsimile number and e-mail address, if available, and attorney’s bar number assigned by the Supreme Court.

Applies to

Pleadings

Must include

caption

The caption must designate the court using one of the two prescribed Jackson County court captions.

The Court shall be designated in the caption as follows: "In the Circuit Court of Jackson County, Missouri, at Kansas City" or "In the Circuit Court of Jackson County, Missouri, at Independence.”

Applies to

Pleadings

Must include

caption

Pleadings in associate circuit, family court, and probate division cases must include the corresponding division designation beneath the court caption.

On pleadings in associate circuit, family court and probate division cases, the further designation "Associate Circuit Division" or “Family Court Division" or "Probate Division," respectively, shall appear beneath the court caption as follows:

Applies to

Petitions and counterclaims

Every petition and counterclaim must include the applicable case type code in parentheses immediately after a heading that names the pleading's nature.

All petitions and counterclaims shall include the case type code upon which the petition or counterclaim is based. The case type code shall be placed in parentheses following the heading, which shall designate by name the nature of the pleading.

Applies to

Pleadings motions and papers

Must include

caption

Petitions must list all parties and their addresses and state the suit's nature, while other pleadings, motions, and papers may list only the first-named parties with an appropriate abbreviation for additional parties.

The names and addresses of all the parties shall appear in the caption of all petitions. The nature of the suit shall appear in the heading of the case thereunder. In all other pleadings, motions and papers, only the names of the first-named parties need be given, with an appropriate abbreviation indicating other parties.

Applies to

Pleadings filed after original petition

A pleading filed after the original petition must identify the pending cause's division below the case file number.

On pleadings filed subsequent to the original petition, the division in which said cause is pending shall be noted below the case file number.

Applies to

Initial pleading with completed Circuit Court Form 4

A completed and fully completed Circuit Court Form 4 must accompany every initial civil pleading, and the filing will be refused if it is missing.

Circuit Court Form 4 - Civil Filing Information Sheet - shall be completed and attached to all initial pleadings filed. Form 4 shall contain all the information requested therein. The Department of Judicial Records shall refuse to accept for filing all initial pleadings filed that are not accompanied by a completed Form 4.

Applies to

Motion

Must include

proposed order

A party seeking special appointment of a process server must file a written motion requesting approval or appointment of a named individual and include a proposed order.

Any party seeking to have the Court specially appoint a person to serve process in accordance with applicable Supreme Court rules shall file a written motion with the Court, requesting approval and/or appointment of a named individual, which shall be accompanied by a proposed order approving the individual to serve process.

Applies to

Motion

Must include

local rule certificate

A motion for special appointment of a process server must include a notarized affidavit stating the required identifying information and confirming that the individual meets all qualifications.

Individuals wishing to be specially appointed by the Court to serve process by motion as provided in paragraph 1 above shall file a notarized affidavit with the motion stating the information required in section (a) below, and stating that the individual meets all of the qualifications as set out in section (b) below.

Applies to

Settlement

Each settlement disbursement generally requires a court order, except for listed administration expenses, taxes, and allowable claims.

Each disbursement shown on any settlement must be supported by an order of the Court. Limited exceptions to this rule include (1) expenses of administration, such as bond premiums, court costs and filing fees; (2) taxes; and (3) claims allowable pursuant to §§ 473.360 through 473.443.

Applies to

Entry of appearance

Attorneys retained in civil or domestic cases must file an entry of appearance before obtaining an order and within three days after employment, and retaining counsel after trial is set does not justify delaying trial.

Attorneys retained in civil and domestic cases shall, before securing any order, file an entry of appearance for the parties they represent within three (3) days after their employment. Employment of counsel after trial setting shall not be grounds for delay of trial.

Applies to

Entry of appearance

Criminal attorneys must file a written entry of appearance before any motion or court appearance and within three days after retention or appointment.

Attorneys retained or appointed in criminal cases shall file a written entry of appearance prior to filing any motion and prior to making any court appearance. In all cases counsel shall file an entry of appearance within three (3) days after being retained or appointed.

Applies to

Memorandum of withdrawal

Without court leave, an attorney may withdraw from a civil or criminal case by filing a pleading entitled “Memorandum of Withdrawal” and showing that replacement counsel of record will continue representing the client.

Subject to the other requirements of this Rule 21.4, an attorney may withdraw from a civil or criminal case without leave of Court: (A) By filing a pleading entitled “Memorandum of Withdrawal” accompanied by the entry of appearance of another attorney, or otherwise demonstrating that the attorney’s client continues to be represented by other counsel of record;

Applies to

Memorandum of withdrawal

When a case is completed, an attorney may withdraw without court leave by filing a “Memorandum of Withdrawal” demonstrating that no claims or issues remain pending.

(B) When the case is completed, upon filing a pleading entitled “Memorandum of Withdrawal” demonstrating that there are no pending claims or issues in the matter; or

Applies to

Termination of limited appearance

In a civil or domestic case, an attorney who previously entered a limited appearance may withdraw without court leave by filing a “Termination of Limited Appearance” demonstrating completion of the limited-appearance duties.

(C) In a civil or domestic case, upon the filing of a pleading entitled “Termination of Limited Appearance” by an attorney who has previously filed an entry of limited appearance. The “Termination of Limited Appearance” shall demonstrate that the attorney has completed the duties set out in the entry of limited appearance.

Applies to

Memorandum of withdrawal or termination of limited appearance

Every withdrawal pleading and termination of limited appearance must state the client’s full address.

Any “Memorandum of Withdrawal” and “Termination of Limited Appearance” shall include the full address of the client and shall be served on the client in addition to all others required to be served.

Applies to

Motion for leave to withdraw

An attorney seeking leave to withdraw must file a written motion stating the client’s full address and the specific grounds for withdrawal.

Any attorney seeking leave to withdraw shall file a written motion for leave to withdraw, containing the full address of the client. Such motion shall set forth the specific grounds for the relief sought.

Applies to

Motion for leave to withdraw

An attorney seeking withdrawal from a criminal case involving a failure-to-appear warrant must certify that reasonable contact efforts were made and that the client cannot be located.

Any attorney seeking leave to withdraw from a criminal case in which a warrant has been issued for the client for failing to appear shall certify that all reasonable efforts have been made to establish contact with the client and that the attorney is unable to locate the client.

Applies to

Post rearrest certification

After rearrest of a client whose prior withdrawal was based on inability to locate the client, the attorney must meet with the client without delay and certify compliance with Supreme Court Rule 4-1.16.

When a client whose attorney was granted leave to withdraw under Rule 21.4.3 is rearrested, the attorney upon notification of the arrest shall without delay meet with the client to ensure compliance with Supreme Court Rule 4-1.16. The attorney shall certify to the Court that the requirements of that rule have been met.

Applies to

Public defender notice to court

After screening, the District Defender must immediately appear for an indigent client and notify the court if the client no longer qualifies for services.

If the client is indigent, the District Defender shall immediately enter an appearance. If the client no longer qualifies for services, the District Defender shall notify the Court.

Applies to

Motion for new trial or other after trial motion and notice of appeal

After a guilty verdict, withdrawal is barred until the trial attorney files any appropriate new-trial or after-trial motion and files the notice of appeal with the applicable filing fee or poor-person order.

When an attorney seeks leave to withdraw after a verdict of guilty in a criminal case, such leave shall not be granted until the attorney handling the trial has filed the motion for new trial (or other appropriate after-trial motion), and has filed the notice of appeal (accompanied by the appropriate filing fee or poor person order).

Applies to

Suggestions

Unless leave of court is granted, discovery suggestions must contain the six specified sections, and the court will disregard suggestions that do not comply with the format.

shall be organized in compliance with the following format, unless leave of Court is otherwise granted: I. Statement of case (type and status) II. Prior discovery disputes III. Discovery sought IV. Issues raised by discovery dispute V. Citations and argument supporting or opposing discovery VI. Sanctions, attorney fees, and costs sought, if any

Applies to

Complaint and information

When a license is accepted in lieu of bail, the Complaint and Information must note that fact and the original court filing must include the license.

2. Whenever a license is accepted in lieu of bail such fact shall be noted on the Complaint and Information and the license shall be attached to the original thereof which is filed with the Court.

Applies to

Request for jury trial

A jury-trial request in a case before an associate circuit judge must be made by a separate written request clearly designated “Request for Jury Trial,” apart from another pleading, or by oral motion in open court before the assigned judge.

Any request for trial by jury in a case pending before an associate circuit judge must be made by a separate written request, apart from another pleading, clearly designated Request for Jury Trial or by oral motion in open court before the judge presiding over the docket to which the case is assigned.

Applies to

Application for continuance

A domestic-relations continuance application must include an applicant affidavit stating the supporting facts, or, when all other parties consent, an affidavit stating each party's consent.

Applications shall be accompanied by an affidavit of the applicant setting forth the facts upon which the application is based, unless all other parties’ consent to the granting of the continuance in which case applicant shall submit an affidavit setting forth the fact of each party's consent.

Applies to

Continuance application

Must include

required elements

Self-represented defendants seeking continuances of state traffic cases must use the application approved for the assigned division.

Applications for continuances of state traffic cases by Self-Represented Defendants may be filed by completing the application approved by the division to which such cases are assigned.

Applies to

Settlement

A settlement must report the need to keep an applicable estate open for more than two years beginning with the second annual settlement and continuing until closure.

In addition to showing receipts and disbursements, each settlement shall include, if applicable, a report as to the necessity for keeping the estate open for more than two years. This report shall be included in the second annual settlement and each settlement afterwards until the estate is closed.

Applies to

Application to testify by video and video testimony information

A victim seeking to testify by video conference must file both the written Application to Testify by Video and the Video Testimony Information form at least 10 days before trial.

In order to testify by video conferencing under this rule, a written Application to Testify by Video and a Video Testimony Information form shall be filed with the Court ten (10) or more days prior to the date of trial.

Applies to

Application to testify by video and video testimony information

A person requesting to appear at trial by video must provide all required information on the court’s Application to Testify by Video and Video Testimony Information forms.

Any person requesting to appear at trial by video under this rule must provide all required information contained on the Court’s Application to Testify by Video and Video Testimony Information forms.

Applies to

Application to testify by video

The Application to Testify by Video must state the reasons the applicant believes the applicant qualifies to testify by video conferencing.

The information set forth in the Application to Testify by Video shall contain the reasons why you believe you qualify to testify by video conferencing under Missouri Revised Statute Section 546.263.

Applies to

Petition for adoption

An adoption petition must be accompanied by the original and one copy of the Certificate of Decree of Adoption for submission to the Missouri Division of Health.

No petition for adoption will be accepted for filing unless it is accompanied by the original and one copy of the Certificate of Decree of Adoption which is to be submitted to the Missouri Division of Health.

Applies to

Certificate of decree of adoption

The petitioner must complete the Certificate of Decree of Adoption in full, except for unavailable identifying information in Section A.

The form shall be completed by petitioner in full, with the exception of Section "A" - Data Needed to Locate Original Birth Certificate, to the extent such information is unavailable to petitioner.

Applies to

Hardship driving privileges application

A hardship-driving-privileges application must be filed with an affidavit.

An Application for Hardship Driving Privileges shall be filed together with an affidavit

Applies to

Hardship driving privileges application

A hardship-driving-privileges application must include proof of financial responsibility as required by Chapter 303, RSMo.

proof of financial responsibility as required by Chapter 303, RSMo

Applies to

Hardship driving privileges application

A hardship-driving-privileges application must include the applicant's complete driving record certified by the Missouri Director of Revenue.

the applicant's complete driving record, certified by the Missouri Director of Revenue.

Applies to

Hardship driving privileges application

Hardship-driving-privileges applications submitted under either specified Missouri statute must also comply with that statute's requirements.

Notwithstanding the foregoing, applications for hardship driving privileges submitted under the provisions of section 302.309.3(6)(a), RSMo or 302.309.3(6)(b), RSMo must also comply with the requirements therein.

Applies to

Stay application

A requested stay of the Director's order requires a stay application filed with the petition and served as previously stated.

If a stay of the Director's order is requested, an application for stay will be filed with the petition and service as above.

Applies to

Stay application

The Director's order will not be stayed unless the petitioner files an approved SR22 form by the stay hearing date.

A stay of the Director's order will not be granted unless the petitioner files an approved SR22 form by the date of the hearing set for the application for a stay.

Applies to

Hardship application

A hardship application may be joined with a Petition for Review as a separate count only if it satisfies all hardship-application prerequisites; otherwise, the count will be dismissed.

An application for hardship may be joined with a Petition for Review as a separate count, but must conform to the prerequisites listed under the hardship application provisions or that count will be dismissed by the Court.

Applies to

Chemical test hearing petition

Must include

caption

A chemical-test petition must identify the refusing officer and department in the caption and name the Director of Revenue as respondent.

The Petitioner must include in the caption the name of the officer filing the affidavit of refusal and the officer's department. The Director of Revenue must be named as Respondent.

Applies to

Petition

The body of a landlord-tenant petition must state the plaintiff’s business status.

In all landlord-tenant cases, the plaintiff shall set forth in the body of the petition a statement of the plaintiff’s business status, e.g., sole proprietorship, partnership, corporation, etc.

Applies to

Petition

A corporate plaintiff’s petition must be signed by an attorney licensed in Missouri and will not be filed without that signature.

If the plaintiff is a corporation, the petition must be signed by an attorney licensed to practice law in the State of Missouri. Any petition presented on behalf of a corporate plaintiff which is not signed by an attorney licensed to practice law in the State of Missouri shall not be filed by the Court Administrator’s office.

Applies to

Bond assignment motion

A person seeking a bond assignment must file a motion in the assigned criminal court, and the bond may be released to that person only after the court order is presented.

67.1.6 Bond Assignments Any person seeking a bond assignment shall file a motion with the court to which the criminal case is assigned and only upon presentment of an order from said court shall the bond be released to that person.

Applies to

Verified application

Must include

caption

A verified pendente lite application must be accompanied by specified financial pleadings and, when child support is requested, a Child Support Worksheet.

Upon the filing of a verified application of any party, after reviewing pleadings, including each party’s Statement of Income and Expenses (Form 1402B), the Asset Statement in Support of Application for Pendente Lite Order (Form 6804D), and if child support is requested, the Child Support Worksheet (Form 14), the court may enter an order pendente lite, without the necessity of a formal hearing, for temporary child support, maintenance, attorney’s fees and costs.

Applies to

Opposition

Must include

caption

Opposition suggestions and affidavits, with the specified forms attached when applicable, must be filed on the day identified in the notice.

Suggestions and affidavits in opposition (Form 6804F) with Forms 1402B, Form 6804D, and Form 14 (if applicable) attached to the application shall be filed on the day specified in the notice as the day

Applies to

Circuit Court Form 17

Circuit Court Form 17 must be completed, attached to every initial Family Court pleading, and completed with the requested information to the extent known.

Circuit Court Form 17 - Family Court Information Sheet - shall be completed and attached to all initial pleadings filed in the Family Court Division. The pleading shall contain all the information requested in Form 17 including, to the extent known, the style and case number

Applies to

Affidavit

Must include

proposed order

A party submitting a matter for judgment on affidavit must file an affidavit containing Form 1499 information, sworn jurisdictional and factual averments, a proposed judgment or order, specified forms and agreements when applicable, and supporting evidence.

If one party desires to submit the matter for entry of final judgment or orders upon an affidavit, the submitting party shall file an affidavit containing, at a minimum, the information in Form 1499, setting forth sworn testimony showing the court’s jurisdiction and factual averments sufficient to support the relief requested in the proceeding, together with a copy of the proposed judgment or order, a copy of any written agreement proposed for adoption by the court, a completed Form 14 (if children are involved), a completed Form 1402A and Form 1402B, and any other supporting evidence.

Applies to

Standard discovery

In contested dissolution or legal-separation actions, both parties must use and answer the court-approved opening interrogatories and document request unless both stipulate in writing that the case is uncontested.

In all actions for Dissolution of Marriage or Legal Separation, the court en banc approved standard sets of opening Interrogatories (Form 1402D) and Document Request (Form 1402F) shall be first used and automatically answered by both parties unless both parties stipulate in writing the case is not contested.

Applies to

Standard discovery

In contested motions to modify child support, alimony, or maintenance, each party must use, answer, and serve the Form 1402E interrogatories and Form 1402G document request unless both stipulate in writing that the case is uncontested.

In all Motions to Modify Child Support, Alimony and Maintenance, the court en banc approved standard sets of opening Interrogatories (Form 1402E) and Document Request (Form 1402G) shall be first used and automatically answered by each party and served on the other party unless both parties stipulate in writing the case is not contested.

Applies to

Authorization to release employee benefits

Each party must provide an original Form 1402H authorization for every current employer and relevant former employer from which the party is entitled to employment or retirement benefits.

An original Authorization to Release Employee Benefits to the other party and that party's attorney (Form 1402H) directed to each current employer and to each former employer from whom the party is entitled to receive any employment or retirement benefits

Applies to

Authorization to disclose financial institution records

Each party must provide an original Form 1402I authorization for each financial institution where the party maintained an account during the preceding 24 months or has an outstanding loan balance.

An original Authorization to Disclose Financial Institution Records to that party and the party's attorney (Form 1402I) to each financial institution at which the party has maintained an account within the last twenty-four (24) months or at which the party has an outstanding loan balance.

Applies to

Property ledger

A Form 1402J property ledger is required in every contested dissolution-of-marriage case.

A property ledger (Form 1402J) shall be completed in all contested dissolution of marriage cases.

Applies to

Petition for dissolution of marriage legal separation or invalidity

A dissolution, legal-separation, or invalidity petition must be accompanied by the original and one copy of the Missouri Division of Health Certificate of Dissolution of Marriage, prepared by the petitioner except for specified provisions.

No petition for dissolution of marriage, legal separation or declaration of invalidity of marriage will be accepted for filing unless it is accompanied by the original and one copy of the Missouri Division of Health Certificate of Dissolution of Marriage. The form shall be prepared by petitioner in full, with the exceptions of provisions 15, 17, 18, 19, 22 and 23.

Applies to

Petition for dissolution of marriage legal separation or invalidity

The petition may not be docketed for final-determination hearing until all other numbered paragraphs and subparagraphs of both copies of the Certificate of Dissolution of Marriage are completed.

No Petition for Dissolution of Marriage, Legal Separation, or Declaration of Invalidity of Marriage may be docketed for hearing for final determination unless and until all other numbered paragraphs and sub-paragraphs of the original and copy of the Certificate of Dissolution of Marriage are completed in full.

Applies to

Notice to withhold income

For qualifying income-withholding orders, the person entitled to support must prepare and file Circuit Court Form 1418, Notice to Withhold Income, with the Department of Civil Records.

Circuit Court Form 1418, entitled "Notice to Withhold Income," shall be prepared by the person entitled to support under the order, and filed with the Department of Civil Records, and

Applies to

Certified copy of letters or probate evidence

When a qualifying appointment or probate proceeding occurred outside Jackson County, a certified copy or other evidence must be filed with the Court and certified within the six months before filing the final settlement.

A certified copy of letters or evidence of other form of probate proceeding must be filed, if the appointment or proceeding did not occur in Jackson County. The certified copy must have been certified in the six months prior to filing the final settlement.

Applies to

Entry of appearance or letter

An attorney appearing for a defendant must promptly file either the court-approved written entry of appearance or an appropriate letter advising the court.

Any attorney retained on behalf of a defendant to appear in court on any case pending, shall promptly file either a written entry of appearance on the form approved, adopted, and furnished by the Municipal Court or an appropriate letter so advising the court.

Applies to

Bankruptcy notice

Must include

case number

A debtor must provide written notice of a bankruptcy petition to the Court Administrator's Office, including the circuit court case number and case style.

Every debtor in a proceeding under 11 U.S.C. Section 101 et seq. having knowledge that any case or proceeding potentially subject to the automatic stays set out in 11 U.S.C. Sections 362 or 1301 (a) is pending in the Circuit Court at the time a bankruptcy petition is filed shall notify the Court Administrator's Office in writing of the filing of the bankruptcy petition. The notice shall contain the circuit court case number and style of the case.

Applies to

Order for relief from automatic stay

Must include

case number

A judgment creditor must provide an attested copy of the bankruptcy court order relieving the automatic stay to the Department of Civil Records, referencing the circuit court case number for inclusion in the casefile.

A judgment creditor who obtains an Order for Relief from Automatic Stay from the United States Bankruptcy Court must provide an attested copy to the Department of Civil Records, with specific reference to the circuit court case number in question, for inclusion in the circuit court casefile.

Applies to

Bankruptcy discharge

Must include

case number

A debtor must file with the court a copy of any bankruptcy discharge containing the circuit court case number and case style.

Every debtor in a proceeding under 11 U.S.C., Section 101 et seq. shall file with the Court a copy of any discharge entered in any such bankruptcy proceeding. Said copy shall contain the circuit court case number and style of the case.

Applies to

Execution garnishment or sequestration request

An execution, garnishment, or sequestration request must use form CIRCT 1695, include form CIRCT 1665 interrogatories for service on the garnishee, and state the judgment debtor’s current address.

No request for an execution, garnishment, or writ of sequestration will be accepted or processed by the Court Administrator’s Office unless presented on circuit court form CIRCT 1695 together with interrogatories on circuit court form CIRCT 1665, to be served on the garnishee. The judgment debtor's current address must be provided on form CIRCT 1695 for the purpose of notifying the debtor of his exemptions.

Applies to

Garnishee interrogatories

Garnishee interrogatories must use approved form CIRCT 1665, with the original and two copies filed; additional interrogatories are permitted.

An approved standard set of interrogatories, assigned form number CIRCT 1665, shall be used when propounding interrogatories to a garnishee. The original and two (2) copies to be served on the garnishee shall be filed with the Department of Civil Records. If additional interrogatories are necessary, they may be filed along with standard interrogatories.

Applies to

Notice of filing sealed document

A filing protected by a protective order must be accompanied by a pleading designated "Notice of Filing Sealed Document" identifying the document and the filing party.

In addition, the filing must be accompanied by a pleading designated "Notice of Filing Sealed Document" which shall identify the nature of the pleading, paper or document and the party filing the same.

Applies to

Motion for order to show cause

A motion for an order to show cause for contempt must be verified and specifically state the acts or omissions, dates, and places supporting the requested relief.

All motions for an order directing a party to show cause why that party should not be found and adjudged in contempt of a court order must be verified by the moving party, and must state with specificity all facts including, but not limited to, the specific acts or omissions and dates and places thereof, upon which such relief is sought.

Applies to

Proposed order to show cause

Must include

proposed order

The moving party must submit a proposed order to show cause that either states the supporting facts specifically or attaches the motion containing them, and that includes the precise time, date, and place of appearance.

The moving party must prepare and submit to the court a proposed ORDER TO SHOW CAUSE which must either state with specificity all facts upon which the relief is sought including, but not limited to, the specific acts or omissions and dates and places thereof, or, alternatively, adopt by reference all the factual allegations of the motion therefor, a true copy of which must be attached to such proposed order as an exhibit thereto, in addition to the precise time, date and place of appearance.

Applies to

Motion for order to show cause

For failure or refusal to pay a money judgment, an order to show cause requires a verified motion presenting facts showing unsuccessful reasonable collection efforts and why further conventional collection is unlikely to succeed.

No ORDER TO SHOW CAUSE shall issue upon the alleged failure or refusal of another party to satisfy or pay a money judgment or order to pay money absent evidence of the facts, by a verified motion, that reasonable efforts to collect by conventional remedies have been attempted without satisfaction or payment and why any further attempt to collect by conventional remedies is not reasonably likely to obtain satisfaction or payment.

Applies to

Protective order

A protective order must be entered as a separate document titled "Protective Order," identify the items or entire case file to be sealed, and identify persons permitted access without a court order.

A protective order entered in any cause shall be by independent order, titled "Protective Order" and shall: identify with particularity the item(s) that are to be sealed or specify that the entire case file is to be sealed, and identify the person(s) to whom access to the sealed item(s) is permitted without order of the court.

Applies to

Sealed filing

A filing affected by an existing protective order must include the prescribed sealing notation conspicuously in the caption below the case number.

A pleading, paper or document affected by a previously entered protective order shall carry the notation: "sealed by order of court__________, 19__," conspicuously in the caption of the filing, below the assigned case number.

Applies to

Notice of letters granted

The publication of notice of letters granted must include the language specified in § 473.783.

Same as Section 10.60, except that the language set out at § 473.783 shall be included in the publication.

Applies to

Inventory

For an estate opened solely to pursue a loss-chance-of-recovery claim, the inventory must list only that claim with the same required litigation information because no other assets may be administered.

When the estate is opened for the sole purpose of pursuing a loss chance of recovery claim after one year from date of death, the inventory shall only list that claim with the same information as above since no other assets may be administered by the personal representative.

Applies to

Inventory

For a pending decedent-plaintiff lawsuit surviving death, the inventory must state "Litigation-Value Undetermined" and identify the case style, number, and court.

Where there is a pending lawsuit in which decedent was plaintiff which survives the death of decedent, the inventory must state "Litigation-Value Undetermined" and list the style of the case, case number and identify the court in which it is pending.

Applies to

Settlement agreement

A settlement agreement must also be filed when the judgment entry does not state the agreement's amount and terms.

If the judgment entry does not reflect the amount and terms of a settlement agreement, a copy of the settlement agreement must also be filed.

Applies to

Inventory

For an estate opened solely to defend a lawsuit, the inventory must state "Litigation Only-No Value" and identify the case style, number, and court.

If a decedent’s estate is opened for the sole purpose of defending a lawsuit, the inventory must state “Litigation Only-No Value” and list the style of the case, case number and identify the court in which the lawsuit is pending.

Applies to

Request for final court cost and estimate

Form 10407, the Request for Final Court Cost and Estimate, is required and must be filed at least two weeks before the final settlement.

(1) Request for Final Court Cost and Estimate (file at least two weeks prior to filing final settlement) (Form 10407)

Applies to

Final accounting

The final accounting must show the independent personal representative’s and attorney’s statutory fees as credit entries.

The statutory fees of the independent personal representative and his attorney shall be shown on the final accounting as credit entries.

Applies to

Application for fees

Must include

proposed order

An application for excess statutory fees must be filed with a proposed order before the final settlement or statement of account if the representative seeks a court order before the estate closes.

To obtain an order for fees in excess of the statutory fee at any time prior to closing the estate, the independent personal representative and his attorney may file an application and proposed order for fees prior to filing the final settlement or statement of account.

Applies to

Proposed order

Must include

proposed order

A proposed order seeking an order to take charge must specify the precise authority requested.

The proposed order submitted to the Court must specify the precise authority which is being requested, i.e., to pay taxes, to maintain the premises, to purchase insurance.

Applies to

Petition to sell real property

Must include

proposed order

When interested-person consents are not obtained, the petition to sell real property must be filed with a proposed order and a request for hearing notice listing each interested person's name and address.

If consents of interested persons are not obtained, the petition to sell real property shall be filed with the Court together with a proposed order and request for notice of hearing, listing the names and addresses of all interested persons to be given notice of the hearing.

Applies to

Certified copy of letters or dispensing order

For a minor receiving estate personal property, certified copies of letters or an order dispensing with conservatorship must be filed when those documents were not issued by the court.

(7) See that a conservator or custodian has been appointed for any minor receiving personal property or, if appropriate, obtain an order dispensing with conservatorship (Forms 10324 and 10325). Certified copies of letters or of the order dispensing with conservatorship must be filed, if not issued by this court.

Applies to

Compensation application

A compensation application must be written and signed by the conservator, while an attorney-compensation application must also be signed by the attorney; if the conservator cannot sign, the matter must be set for hearing with notice.

Each application for compensation shall be in writing and be signed by the conservator. If the conservator's signature cannot be obtained, then the matter shall be set for hearing with notice to the conservator. The attorney shall also sign applications for attorney's compensation.

Applies to

Compensation application

Attorney and guardian or conservator compensation applications must be itemized and include service details, dates, time, hourly rates, dollar amounts, total hours, and the total amount requested.

Fee applications for both attorneys and guardians/conservators must be itemized and contain a reasonably detailed description of services performed, the date performed, the amount of time expended in connection with each service, the hourly rate and the dollar amount applicable to each entry. The fee application shall also include the total hours expended and the total amount requested.

Applies to

Claim

A claim must provide sufficient facts to notify the conservator of its nature and amount and be specific enough to make a judgment on the underlying obligation conclusive.

The claim must state sufficient facts to give reasonable notice to the conservator of the nature and amount of the claim. The claim must be specific enough that a judgment rendered would be res judicata on the underlying obligation.

Applies to

Hearing request

A hearing request must be made in writing by the conservator or claimant and include the names and addresses of every person requiring hearing notice.

The Court will not set any claim for hearing unless requested to do so. The request for hearing may be made by the conservator or the claimant, must be in writing and must provide the names and addresses of all persons who must be given notice of the hearing.

Applies to

Settlement

Each settlement must list the date and description of every item of income and disbursement.

Each settlement must record the date and description of each item of income or disbursement.

Applies to

Settlement

Non-real property discovered after the original inventory must be brought into the estate on the next settlement, with an additional inventory permitted as part of that process.

Property, other than real property, discovered subsequent to the filing of the original inventory must be brought into the estate on the next settlement or by filing an additional inventory and bringing it into the estate on the next settlement.

Applies to

Settlement

When the personal representative or attorney handles a real property closing, the settlement must report the full purchase price and closing costs, with vouchers supporting the closing costs.

If the personal representative or his/her attorney handles the closing, the full purchase price as well as the closing costs must be reported on the settlement and the closing costs must be supported by vouchers.

Applies to

Settlement

Written evidence of the accounting must be filed with the settlement when secured property is taken or surrendered to satisfy a security agreement, lien, or pledge.

If secured property is taken or surrendered in satisfaction of a security agreement, lien or pledge, any written evidence of an accounting to the personal representative must be filed with the settlement.

Applies to

Affidavit of publication

The Affidavit of Publication concerning the Notice of Letters Granted must be filed with the Court before final settlement.

(2) Verify that the Affidavit of Publication as to the Notice of Letters Granted is filed with the Court

Applies to

Copies of judgments

All litigation involving the estate, including appeals, must be concluded and copies of all judgments filed with the Court.

(9) Conclude all litigation involving the estate, including appeals. Copies of all judgments must be filed with the Court.

Applies to

Conservator bond

A conservator receiving a Jackson County estate's distributive share must file the required bond, and the distribution decree cannot be approved until the bond is filed and approved.

(13) See that any conservator of a Jackson County estate is adequately bonded to receive his/her protectee's distributive share. The conservator must file the bond, but the decree of distribution will not be approved until the required bond has been filed and approved.

Applies to

Statement of account

Must include

proposed order

A statement of account must be filed with a proposed schedule of distribution.

Section 473.840 requires that a statement of account with a proposed schedule of distribution be filed.

Applies to

Pleading

Each must state that it is made under oath or affirmation and that its representations are true and correct to the signer’s best knowledge and belief, subject to penalties for a false affidavit or declaration.

Each shall also contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration.

Applies to

Inventory

Inventories must be verified.

Inventories must be verified.

Applies to

Distributee receipts

The discharge order is entered when receipts from all distributees receiving personal property are filed and correspond to the distribution decree.

The order of discharge will be entered upon the filing of the receipts of all distributees receiving personal property which correspond with the decree of distribution.

Applies to

Distributee receipts

A valid receipt is either an original canceled check with proper endorsement or a receipt signed by the distributee.

Valid receipts consist of original canceled checks with proper endorsement or receipts signed by the distributee.

Applies to

Distributee receipts

When someone other than the distributee endorss a check or receipt, evidence of that person's authority, such as a power of attorney or letters of conservatorship, must accompany the receipt unless previously filed.

If any individual other than the distributee endorses the check or the receipt of distributee, evidence must be presented with the receipt of the individual's authority to receipt for the distributee, i.e., power of attorney or letters of conservatorship, if not filed previously.

Applies to

Assignee receipt

A receipt signed by an assignee is unacceptable unless the assignor has complied with section 473.657.

Receipts signed by an assignee are not acceptable unless the assignor has complied with § 473.657.

Applies to

Final settlement

The final settlement must include Form 10559 and, as applicable, Forms 10559A and 10559B.

(2) Final Settlement (Form 10559 Settlement; Form 10559A Cash Estate Ledger; and Form 10559B Non-Cash Estate Ledger, as applicable)

Applies to

Vouchers

Vouchers supporting each disbursement are required when the expenditure exceeds $75.00.

(3) Vouchers (receipts supporting each disbursement – required for expenditures over $75.00).

Applies to

Petition for approval of final settlement

Form 10573, the Petition for Approval of Final Settlement, is required.

(4) Petition for Approval of Final Settlement (Form 10573)

Applies to

Notice of filing final settlement and petition for distribution

Form 10558 and proof of mailed notice, or a Form 10368 waiver of notice, must be provided.

(5) Notice of Filing of Final Settlement and Petition for Distribution and Proof of Mailed Notice (Form 10558) or waiver of notice (Form 10368)

Applies to

Order of distribution

An order of distribution is required using the form corresponding to the estate type and property involved.

(6) Order of Distribution Form 10581 testate estate - personal property only Form 10582 testate estate - real property only Form 10583 testate estate - real and personal property Form 10584 intestate estate - personal property Form 10585 intestate estate - real property only Form 10586 intestate estate - real and personal property

Applies to

Affidavit of publication

An affidavit of publication concerning notice of the final settlement and petition for approval is required.

(7) Affidavit of Publication of Notice of Filing Final Settlement and Petition for Approval of Settlement.

Applies to

Receipt of distributee

A Receipt of Distributee, Form 10575, is required for the closing.

(8) Receipt of Distributee (Form 10575)*

Applies to

Order of discharge

Form 10594, the Order of Discharge, is required and must be filed after the order of distribution has been entered.

(9) Order of Discharge (Form 10594)*

Applies to

Vouchers

Vouchers supporting each disbursement are required when an expenditure exceeds $75.00.

Vouchers (receipts supporting each disbursement – required for expenditures over $75.00).

Applies to

Bond

The bond must state the bond condition set out in § 473.157.2.

The condition of the bond as set out at § 473.157.2, must be stated on the bond.

Applies to

Insolvent estate payment application

An application for the order of payment must itemize and classify the estate's claims and administration expenses.

(1) Itemize the claims and expenses of administration for which the estate is liable, classifying them pursuant to § 473.397;

Applies to

Insolvent estate payment application

An application for the order of payment must state the total assets available to pay claims and administration expenses.

(2) State the total amount of assets available for the payment thereof; and

Applies to

Insolvent estate payment application

An application for the order of payment must propose the payment order for each class of claims and the proportionate payment for each claim.

(3) Set forth the proposed order of payment of any class of claims and the proportionate payment of each claim.

Applies to

Adult guardian or conservator petition

An adult respondent’s petition should include the last four digits of the respondent’s Social Security number.

(1) The last four digits of the respondent's social security number; *

Applies to

Adult guardian or conservator petition

An adult petition should include the last four digits of each nominated guardian’s and conservator’s Social Security number.

(2) The last four digits of the nominated guardian's and conservator's social security number(s); *

Applies to

Adult case party information

For adult case parties entered during electronic filing, the full Social Security number should be included; without it, an additional Probate Party Information Sheet is required.

*When entering the case parties during electronic filing, please include the full social security number; otherwise an additional Probate Party Information Sheet will be required.

Applies to

Minor guardian or conservator petition

A minor’s petition should include the last four digits of the minor’s Social Security number.

(1) The last four digits of the minor's social security number; *

Applies to

Extension application

Must include

proposed order

A request for additional time must be filed with a proposed order.

To request additional time, an application must be filed along with a proposed order.

Applies to

Request for publication

A request for service by publication must be filed under Missouri Court Rule 54.12(c) and include an affidavit describing the steps taken to locate the natural parent.

Any request for service by publication must be filed as provided in Mo. Ct. R. 54.12(c). The request must include an affidavit describing the steps taken to locate the natural parent.

Applies to

Petition

Before an emergency adult guardian ad litem appointment, the petitioner must file a petition seeking adjudication of incapacity or disability and appointment of a guardian and/or conservator.

Before such an appointment can be made, petitioner must file a petition for an adjudication of incapacity or disability and for the appointment of a guardian and/or conservator as prescribed by §§ 475.060 and 475.061.

Applies to

Suggestion of death of protectee and petition that no letters of administration be granted

The conservator must file both a Suggestion of Death of Protectee and a petition stating that no letters of administration should be granted.

The conservator must file a Suggestion of Death of Protectee and Petition That No Letters of Administration be granted.

Applies to

Final settlement

The conservator must file a final settlement in the same manner as a personal representative closing an intestate estate, but published notice is not required; proof of mailing or waivers of notice to all heirs must be filed.

The conservator proceeding under § 475.320, shall file a final settlement in the same manner as a personal representative closing a decedent intestate estate, except that published notice is not required. However, proof of mailing or waivers of notice of the final settlement to all heirs must be filed.

Applies to

Inventory

Original, supplemental, and amended inventory values must use the date of adjudication.

All original, supplemental and amended inventory values must be date of adjudication values.

Applies to

Citation

If a citation issues, the conservator and the conservator's attorney must appear at the hearing unless the hearing is continued.

If a citation issues, the conservator and his/her attorney must appear at the hearing unless it is continued.

Applies to

Inventory

The inventory must list all of the protectee's property and value it as of the date of adjudication.

The inventory must contain a list of all protectee's property valued as of the date of adjudication.

Applies to

Inventory

The inventory must list all assets in which the protectee has an interest, including trust assets, entirety property, jointly held real property, multiple-party bank accounts, and other jointly held personal property.

In addition to assets held solely in the protectee's name, all assets in which the protectee has an interest must be listed, such as trust assets, entirety property, jointly held real property, multiple party bank accounts and other jointly held personal property.

Applies to

Inventory

All property in which the protectee has a joint or entirety interest must be included in the inventory, with the entire property value placed in the value column.

All property in which the protectee has a joint or entirety interest must be included on the inventory and the entire value of the property included in the value column.

Applies to

Inventory

A detailed appraisal or itemized listing is not required unless the estate contains significant-value items such as valuable antiques or objects of art.

No detailed appraisal or listing of specific items is required, unless items which have a significant value such as valuable antiques and objects of art, are found to be assets of the estate.

Applies to

Inventory

Corporation stock must identify the number of shares, stock class, company name, and adjudication-date value, with accrued dividends listed separately.

State number of shares, class of stock, full name of company and value on date of adjudication. List accrued dividends through the date of adjudication as a separate but related inventory item.

Applies to

Inventory

Each mortgage entry must state identifying information, dates, values, interest terms, unpaid principal, and accrued interest, with accrued interest separately listed.

For mortgages, state: name of mortgagor or other identifying data; issue date; face value; maturity date; rate and due date of interest; unpaid principal balance and accrued interest at date of adjudication. List accrued interest to date of adjudication as a separate but related inventory item.

Applies to

Inventory

Each note entry must identify the obligor, dates, value, interest terms, balances, security if any, and any Deed of Trust information, with accrued interest separately listed.

For notes, state: name of obligor or other identifying data; issue date; face value; maturity date; rate and due date of interest; unpaid principal balance and accrued interest at date of adjudication; and a brief description of security for note, if any. List accrued interest to date of adjudication as a separate but related inventory item. If the note is secured by Deed of Trust, provide identifying information. See preceding paragraph regarding mortgages above.

Applies to

Inventory

Each bond entry must state identifying information, face and adjudication values, dates, interest terms, serial number, and accrued interest, with accrued interest separately listed.

For bonds, state: name or other identifying data; face value; issue date; maturity date; rate and due date of interest; serial number; date of adjudication value; and amount of interest accrued to date of adjudication. List accrued interest to date of adjudication as a separate but related inventory item.

Applies to

Inventory

The inventory must state bank names, locations, account details, balances, and accrued interest; identify owned life insurance policies and their values and beneficiary; and include available burial-plan information.

State specific names and locations of banks, type of account, account number, deposit balances and accrued interest to date of adjudication. For life insurance policies owned by the protectee, whether on his/her life or the life of another, list the company name, policy number, cash value, face value, and beneficiary. For burial plans, include the name of the company, value and policy number, if any.

Applies to

Inventory

For a contract for deed relating to sale of the protectee's property, show the legal description under Real Estate without a value, cross-reference the personal property, and value the contract at the unpaid balance on the adjudication date.

The legal description shall be shown under the heading "Real Estate" with nothing in the value column. A parenthetical reference should be made to the appropriate item of personal property. The contract itself shall be described under "Personal Property" with the value of which is the unpaid balance on the date of adjudication.

Applies to

Inventory

For a purchase contract by the protectee, describe the contract right under personal property, list its original amount and unpaid balance for information, and value it at the underlying property value less the amount owed.

The contract right shall be described under personal property listing the original amount of the contract and the unpaid balance for information only. For purposes of value, list the value of the underlying property less the amount owed on the contract on the date of adjudication.

Applies to

Inventory

If a purchase contract is fully performed and title is conveyed to the protectee's estate during administration, amend the inventory to list the legal description under Real Property and the value at conveyance.

If the contract is fully performed and the legal title is conveyed to the protectee’s estate during the administration, the inventory shall be amended listing the legal description under "Real Property" and the value at the time legal title was conveyed.

Applies to

Inventory

For an enforceable real-property sale contract, list the legal description and contract under Real Property and use the net contract price as the inventory value.

If a protectee executed an enforceable real property contract for sale and conveyance of real property, the legal description together with a description of the contract shall be shown under the heading "Real Property" with the amount shown in the value column to be the net contract price.

Applies to

Inventory

All oil and gas leases, royalty interests, and mineral interests must be listed in the inventory.

All such interests must be listed.

Applies to

Inventory

For trust assets in which the protectee is a beneficiary, list known trust and trustee information and the protectee's interest and powers, omit the corpus amount from the value column, and state trust income payable to the protectee.

As an information item only, list the name of the trust, trustees and corpus of trust, if known. Describe the protectee's interest in the trust, noting whether the protectee has any power over the trust. Do not place the amount of the corpus in the value column. Any trust income payable to the protectee must be stated.

Applies to

Inventory

Periodic income entries must state the income source, amount, and payment frequency, must omit those amounts from the value column, and must include specified benefit and trust income sources.

State source of income, amount and frequency of payment but do not include amounts in the value column. Include benefits such as Social Security, Veterans Administration, Railroad Retirement, Civil Service, other pensions and income from a trust.

Applies to

Inventory

Include all other personal property, including automobiles, mobile homes, collections, tools, equipment, and business or partnership interests, but do not include a detailed business or partnership inventory; list only the protectee's net interest value for those interests.

Include any other personal property which does not fit one of the preceding categories on the inventory. For example, list automobiles, (make, model, year and VIN) mobile homes, collections (stamp, coin, etc.), tools, equipment and sole proprietorship business or partnership interest. Do NOT include the detailed business or partnership inventory. For sole proprietorship and partnership interest, list only the net value of the protectee's interest.

Applies to

Petition to sell real property

Must include

proposed order

A petition to sell real property must be filed with a proposed order, and no notice of hearing is required.

The petition to sell real property shall be filed with a proposed order. No notice of hearing is required.

Applies to

Answer

When an answer is required, the conservator must plead every defense the conservator intends to raise.

If the Court requires that the conservator file an answer, then the conservator must plead all defenses in the answer which the conservator intends to raise.

Applies to

Settlement

A settlement paid after a claim compromise must include a credit entry supported by a signed receipt or separate statement acknowledging satisfaction.

The settlement following the payment of the compromised amount must contain a credit entry for the compromised claim supported by a receipt or separate statement signed by the creditor claimant acknowledging in some manner that the claim has been satisfied.

Applies to

Application

An application for a court order must itemize and classify the estate’s claims and administration expenses.

If a court order is sought, the application shall: Itemize the claims and expenses of administration for which the estate is liable, classifying them pursuant to § 475.211;

Applies to

Application

An application for a court order must state the total assets available to pay the claims and administration expenses.

State the total amount of assets available for the payment thereof;

Applies to

Application

An application for a court order must set forth the proposed payment order for each class of claims and the proportionate payment of each claim.

Set forth the proposed order of payment of any class of claims and the proportionate payment of each claim.

Applies to

Settlement

Vouchers, receipts, canceled checks, or qualifying financial-institution business records affidavits supporting each settlement disbursement must be e-filed with the settlement.

Vouchers (or copies of receipts or copies of canceled checks with a business records affidavit provided by the financial institution) supporting each disbursement on any settlement must be e- filed with the settlement.

Applies to

Settlement

The settlement filed next after a foreclosure must contain proof of foreclosure, and the conservator must file the trustee's deed showing the conveyance date, consideration, and grantee.

Proof of foreclosure on property of the estate must be made on the settlement next following the foreclosure. The conservator must file a copy of the trustee's deed showing the date of conveyance, the consideration and the name of the grantee.

Applies to

Trustee deed

The conservator must file a trustee's deed identifying the conveyance date, consideration, and grantee.

The conservator must file a copy of the trustee's deed showing the date of conveyance, the consideration and the name of the grantee.

Applies to

Settlement

Abandonment, loss, or surrender of estate property must be reported on the settlement filed next after the triggering event.

The abandonment, loss or surrender of property of the estate must be reported on the settlement next following the abandonment, surrender or event resulting in loss.

Applies to

Settlement

When secured estate property is taken or surrendered to satisfy a security agreement, lien, or pledge, written evidence of accounting must be filed with the settlement.

If secured property is taken or surrendered in satisfaction of a security agreement, lien or pledge, any written evidence of an accounting to the conservator must be filed with the settlement.

Applies to

Settlement

Deposit and/or securities verifications must be filed with every settlement.

Verification of deposit and/or securities (restricted or unrestricted) must be filed with each settlement.

Applies to

Verification of assets

The verification must be dated as of the settlement's ending date.

The date of the verification must be the ending date of the settlement.

Applies to

Verification of assets

Deposit verification totals must match the estate cash balance, and securities verification totals must match the inventory and settlement holdings after any stated changes.

The totals of the verifications of deposit must total the cash balance in the estate as reflected on the settlement. The total of the verifications of securities must total the number of shares of stock, mutual funds or bonds as reflected on the inventory and carried on the settlement, and as changed by any sales, redemptions, reinvestments and stock splits.

Applies to

Verification of assets

An altered asset verification is acceptable only if every alteration is initialed by the verifying officer and every page of a multipage verification is signed.

The court will not accept a verification that contains any alterations unless each alteration is initialed by the verifying officer and, if multiple pages, each page must be signed.

Applies to

Settlement

Errors identified in an auditor's exception letter must be corrected before the settlement can be approved.

The auditor assigned to audit the settlement will issue an exception letter enumerating any errors in the settlement, which must be corrected before the settlement can be approved.

Applies to

Adult support and maintenance application

An adult support-and-maintenance application must state the average monthly expenses anticipated.

The application must specify average anticipated monthly expenses.

Applies to

Minor support and maintenance determination

A parent's claimed financial inability must be supported by specified detailed financial and household information.

Financial inability of the parent must be supported by detailed information with respect to parent's income, monthly expenditures specific to the minor, monthly expenditures of the household, number of family members and ability to gain employment.

Applies to

Application to ratify expenditure

A ratification application must describe the action or expenditure, state its amount, and explain why it is reasonable and necessary.

The application must detail the nature and amount of the expenditure or action and why it is reasonable and necessary.

Applies to

Reimbursement claim

Reimbursement of funds advanced for an estate must be approved by the court.

If reimbursement is sought of funds advanced, it must be approved by the Court

Applies to

Settlement

The item must be recorded as a credit entry on the Settlement.

be reflected as a credit entry on the Settlement

Applies to

Reimbursement claim

A request for reimbursement of advanced funds must be supported by proper vouchers.

be supported by proper vouchers.

Applies to

Court order

Personal-property sales exceeding the conservator's $1,000 authority must be supported by a court order.

Other sales of personal property must be supported by court order.

Applies to

Settlement

A settlement must record the sale or redemption price as a debit and the corresponding inventory value as a credit, thereby deleting the property from inventory.

Upon the sale of personal property or redemption of certificates of deposit or other like instruments, the sale price shall be shown as a debit and the inventory value shall be shown as a credit thus deleting the property sold from the inventory.

Applies to

Ending settlement recapitulation

The ending settlement recapitulation must remove sold property's inventory value from its original category and add the proceeds to cash.

The ending settlement recapitulation must reflect the deletion of the property from its original category by subtracting the inventory value from that category and adding the proceeds derived therefrom to the cash category.

Applies to

Settlement

The first settlement's beginning balance must exactly match the inventory balance.

The beginning balance on the first settlement must coincide exactly with the balance on the inventory.

Applies to

Settlement

Each successive settlement's beginning balance must equal the preceding settlement's ending balance.

The beginning balance on each successive settlement must agree with the ending balance on the previous settlement.

Applies to

Settlement

The ending settlement's total debit column must include the beginning balance of assets.

The ending debit column total includes the beginning balance of assets total.

Applies to

Settlement

A settlement's periodic-income entry must state the periodic amount and applicable receipt dates or period and place the total received in the debit column.

The entry in the transaction section of the settlement must set forth the periodic amount and the dates received or the period over which received. The total received must be reflected in the debit column.

Applies to

Settlement

A rental-income summary debit requires an attached agency statement itemizing rents, expenses, and property attribution, while rents managed directly by the conservator must be specifically itemized.

If the estate retains income producing rental properties and the conservator has employed, with court authorization, an agency to manage and collect the rents, a summary entry of rents received may be entered as a debit on the settlement if there is also attached an itemized statement from the agency setting forth all rents collected, expenses incurred and to what property each transaction is attributable. Where the conservator has managed the property and handled the rents, receipts and disbursements must be specifically itemized.

Applies to

Annual statement of affairs

The conservator must annually file a statement of the protectee's and estate's affairs using a court-provided form.

The conservator must file annually a statement of affairs of the protectee and his or her estate on a form provided by the Court.

Applies to

Settlement

Forms 10559, 10559A for the cash ledger, and 10559B for the non-cash ledger are required for an adult protectee whose estate meets Chapter 208 indigency standards and is eligible for public benefits.

2) Settlement form (Forms10559, 10559A (cash ledger), and 10559B (non-cash ledger))

Applies to

Request for nfp

To place an adult protectee's estate on NFP where all assets are restricted or held in trust with a corporate trustee, the conservator must file the eight listed forms, ledger, account verification, trust instrument, and NFP order.

To place the estate on NFP the conservator must file: 1) Request for Final Court Costs Estimate (Form 10407); 2) Settlement form (Form 10559, 10559A (cash ledger), and 10559B (non-cash ledger)); 3) Petition to Invest Funds in Restricted Account, if not previously restricted (Form 10530); 4) Order to Invest Funds in Restricted Account, if not previously restricted (Form 10531); 5) Verification of Restricted Assets (one for each account) (Form 10532); 6) Copy of trust instrument of which protectee is a beneficiary; 7) Petition for Approval of Settlement and for Order of NFP (Form 10227); and 13 (Rev. 12/2025) ===== PAGE 14 ===== 8) Order of NFP (Form 10228).

Applies to

Request for nfp

To place the estate on NFP, the conservator must file Form 10407, Forms 10559, 10559A, and 10559B, Form 10334, and Form 10335(a).

To place the estate on NFP the conservator must file: 1) Request for Final Court Cost Estimate (Form 10407); 2) Settlement form (Forms 10559, 10559A (cash ledger), and 10559B (non-cash ledger)); 3) Petition for approval of settlement and for NFP (Form 10334); and 4) Order for NFP (Form 10335(a)).

Applies to

Inventory

Immediately after opening, the conservator must file an inventory.

The conservator must file: 1) Inventory;

Applies to

Settlement

If specified expenditures reduced the estate inventory, a settlement must be filed before the estate may be placed on non-final account probable status.

If any expenditures (other than court costs, bond premiums or attorney fees allowed by court order or by settlement of a claim on behalf of the minor) have been paid from estate funds, thereby reducing the inventory assets, a settlement must be filed before the estate can be placed on NFP.

Applies to

Order of nfp

The quote identifies Form 10335 as the Order of NFP.

7) Order of NFP (Form 10335).

Applies to

Petition to invest funds in restricted account

Immediately after opening, the conservator must file a petition to invest all inventoried funds in a restricted account.

2) Petition to invest Funds in Restricted Account for all funds shown on the inventory.

Applies to

Order to invest funds in restricted account

The order to invest funds in a restricted account must use Form 10531.

3) Order to Invest Funds in Restricted Account (Form 10531);

Applies to

Verification of restricted assets

File one Verification of Restricted Assets (Form 10532) for each account.

4) Verification of Restricted Assets - one for each account (Form 10532);

Applies to

Petition for approval of settlement and order of nfp

The rule lists a Petition for Approval of Settlement and for Order of NFP (Form 10334).

5) Petition for Approval of Settlement and for Order of NFP (Form 10334); and

Applies to

Order of nfp

The order of NFP must use Form 10335.

6) Order of NFP (Form 10335).

Applies to

Petition to invest funds in restricted account

During administration, the conservator must file a Form 10530 petition to invest funds in a restricted account if the funds were not previously restricted.

3) Petition to Invest Funds in Restricted Account, if not previously restricted (Form 10530);

Applies to

Order to invest funds in restricted account

Use Form 10531 to order funds invested in a restricted account if they were not previously restricted.

4) Order to Invest Funds in Restricted Account, if not previously restricted (Form 10531);

Applies to

Verification of restricted assets

During administration, the conservator must file a Form 10532 verification of restricted assets for each account.

5) Verification of Restricted Assets - one for each account (Form 10532);

Applies to

Petition for approval of settlement and nfp

The quote lists a Petition for Approval of Settlement and for NFP (Form 10334).

6) Petition for Approval of Settlement and for NFP (Form 10334); and

Applies to

Final settlement

Before approval of a final settlement, proof of payment must be shown for court costs, applicable income taxes, and specified attorney and conservator ad litem fees.

Before any final settlement is approved, proof of payment must be shown for each of the following: 1) Court costs; 2) Missouri Income Tax and Federal Income Tax, if applicable; and 3) Fees of respondent's attorney at the adjudication hearing and fees of conservator ad litem, if any.

Applies to

Final settlement

The final settlement checklist requires verification that all administration expenses and taxes have been paid.

Verify that all expenses of administration and taxes have been paid.

Applies to

Final settlement

The final settlement checklist requires verification that all allowable claims have been paid, withdrawn by the creditor, or otherwise disposed of.

Verify that all allowable claims have been paid, withdrawn by the creditor or otherwise disposed of.

Applies to

Final settlement

The final settlement checklist requires confirmation that all property has been inventoried and accounted for.

Confirm that all property has been inventoried and accounted for.

Applies to

Final settlement

All litigation involving the estate, including appeals, must be concluded and copies of all judgments must be filed with the Court.

Conclude all litigation involving the estate, including appeals. Copies of all judgments must be filed with the Court.

Applies to

Final settlement

The final settlement checklist requires confirmation that all expenditures authorized by court judgment or § 475.130 have been made.

Confirm that all expenditures authorized by Court judgment or § 475.130.

Applies to

Final settlement

The final settlement checklist requires requesting and completing the final cost form and paying any costs due.

Request and complete final cost form and pay any costs due.

Applies to

Certificate

The trust-registration statement must contain all information required by § 456.029.

The "statement" referred to in § 456.029 need not be in any particular form, but it must contain all information required by that section.

Applies to

Successor trustee appointment documents or pleadings

When the trust instrument does not provide for a successor trustee, the Court will appoint one only after appropriate documents or pleadings are filed, the filing fee is paid, and service is made on interested persons or their consents are obtained.

However, where no provision for a successor trustee is made in the trust instrument, the Court will appoint a successor trustee only after appropriate documents/pleadings are filed, the filing fee is paid, and service on interested persons (co-trustees, beneficiaries) has been made or their consents have been obtained.

Applies to

Proposed order of discharge

The conservator must file a proposed order of discharge with the receipts within 60 days after notice of approval of the final settlement and order of distribution.

Within 60 days after the date of notice of approval of final settlement and order of distribution, the conservator shall make distribution of the assets of the estate and file with the Court receipts and a proposed order of discharge.

Applies to

Receipts

The court will enter the discharge order when it receives conforming receipts from all distributees receiving personal property.

The order of discharge will be entered upon the filing of the receipts of all distributees receiving personal property which corresponds with the decree of distribution.

Applies to

Application for refusal of letters to creditors

The application must be accompanied by evidence of the debt owed to the creditor.

Additionally, evidence of the debt owed to the creditor is required.

Applies to

Pleadings

Must include

case number

An abbreviated adversary matter receives a new case number, and every subsequent pleading in that matter must bear that case number.

The Abbreviated Adversary Matter will be assigned a new case number and all subsequent pleadings in such adversary mater shall bear that case number.

Applies to

Full adversary order

Full adversary orders in Jackson County must use the quoted language incorporating applicable Missouri statutes, Civil Rules 41 through 103, and Jackson County circuit-court rules governing adversary civil proceedings.

In Jackson County, the following language in used for FULL adversary orders: That, in addition to the provisions of §472.141.1 RSMo, this proceeding shall be governed by the applicable provisions of Civil Rules 41 through 103 inclusive together with the applicable Rules of the Circuit Court of Jackson County, Missouri relating to trials of adversary civil proceedings.

Applies to

Application

Must include

proposed order

When an applicant is represented by an attorney, the attorney must prepare the Order Refusing Letters using the court's form or a reproduction.

If the applicant is represented by an attorney, the attorney must prepare the Order Refusing Letters on the court's form or a reproduction.

Applies to

Application for refusal of letters to creditors

The application must be verified.

The application must be verified.

Applies to

Application for refusal of letters to creditors

When the creditor is not the funeral director, the application must include evidence that the funeral bill was paid or that the funeral home consented.

If the creditor is a person other than the funeral director, the application must be accompanied by evidence that the funeral bill has been paid or that the funeral home has consented to the application.

Applies to

Small estate affidavit

When a will is presented for probate with a small-estate affidavit, all devisees must be listed on the affidavit.

If a decedent's will is presented for probate with the affidavit, all devisees must be listed on the affidavit.

Applies to

Motion for service by publication

Must include

proposed order

If known heirs have unknown addresses, the practitioner must file a motion, affidavit, and proposed order for service by publication.

Practice Tip: Practitioners should be aware that if there are known heirs with unknown addresses, the practitioner must file a motion, affidavit, and proposed order for service by publication.

Applies to

Medical report

The medical report must include the patient's identifying information, hospital dates, and reason for admission when known.

1. Identifying information: Include the patient's name, age, sex, race, dates of admission to and discharge from the hospital (if any), and reason for admission (if known).

Applies to

Medical letter

A current medical evaluation letter is required for the guardianship proceedings.

A current medical letter of evaluation is needed for the proceedings in Probate Court.

Applies to

Medical report

A medical report on the patient is required because the court will not consider the guardianship petition without it.

As no petition will be considered by the Court without this report, your report is one of the most important pieces of evidence the Court and the attorneys in the case consider in determining the incapacity and disability of your patient.

Applies to

Medical report

The medical report must include the dates and places of examination.

2. Dates and Places of Examination.

Applies to

Medical report

The medical report must state whether the patient is incapacitated, disabled, or both and explain the reasons.

3. Diagnosis of Mental Condition: State your opinion as to whether the patient is incapacitated, disabled, or both, and the reasons for your conclusion.

Applies to

Medical report

The medical report must narrate the examiner's observations and test results concerning the patient's mental and behavioral functioning, financial matters, and examples of abnormal or inappropriate behavior.

4. Narrative of the Facts Supporting Your Diagnosis: State any observations, including the results of tests, which you personally have made regarding the patient's orientation as to time, place or person, appearance, speech, memory, though processes, insight and judgment, attention span, intelligence, mood and affect, alertness and examples of abnormal or inappropriate behavior including the patient's handling of financial matters.

Applies to

Medical report

The medical report must describe the patient's physical health and any health problems or disability contributing to an inability to care for the person or property.

5. Physical Condition: Give a description of the patient's physical health. Please comment on any health problems or disability which may either cause or contribute to patient's inability to care for himself or his property.

Applies to

Medical report

The medical report must state the patient's prognosis, whether a guardian or conservator should be appointed, and any treatment or placement recommendations.

6. Prognosis and Recommendation: Please state your prognosis for the patient. Please state whether, in your professional opinion, you believe a guardian should be appointed to care for the patient, a conservator appointed to manage his affairs, or both. Please make recommendations for treatment and placement, e.g., patient should be transferred to a boarding home, mental health institution or long term care facility.

Applies to

Medical report

The medical letter must be signed by a physician holding an M.D. or D.O. degree.

This letter must be signed by an M.D. or D.O.

Applies to

Notice of filing petition for complete settlement

Must include

certificate of service

A Notice of Filing Petition for Complete Settlement of Estate and Proposed Order of Distribution with proof of mailed notice, Form 10608, is required.

(5) Notice of Filing Petition for Complete Settlement of Estate and Proposed Order of Distribution and Proof of Mailed Notice (Form 10608)

Applies to

Final settlement

A judicial closing requires the Final Settlement forms, including Forms 10559, 10559A, and 10559B as applicable.

(2) Final Settlement (Form 10559 Settlement; Form 10559A Cash Estate Ledger; and Form 10559B Non-Cash Estate Ledger, as applicable)

Applies to

Vouchers

Vouchers supporting disbursements are required for judicial-closing expenditures over $75.00.

(3) Vouchers (receipts supporting each disbursement – required for expenditures over $75.00).

Applies to

Petition for order of complete settlement

A Petition for an Order of Complete Settlement, Form 10607, is required even when estate assets are exhausted.

(4) Petition for an Order of Complete Settlement (required even if assets exhausted) (Form 10607)

Applies to

Order of distribution

An Order of Distribution using the same forms as supervised administration is required for judicial closing.

(6) Order of Distribution (same forms as supervised administration)

Applies to

Affidavit of publication

The publication affidavit is required unless all interested parties filed Waivers of Notice using Form 10368a or 10368b.

(7) Affidavit of Publication of Notice of Filing Petition for Complete Settlement of Estate and Proposed Order of Distribution; unless Waivers of Notice (Form 10368a or 10368b) were filed by all interested parties.

Applies to

Receipt of distributee

A Receipt of Distributee, Form 10575, is required in a judicial closing.

(8) Receipt of Distributee (Form 10575)*

Applies to

Order of discharge

An Order of Discharge, Form 10594, is required in a judicial closing.

(9) Order of Discharge (Form 10594)*

Applies to

Order of discharge

The judicial-closing Order of Discharge must be filed after the Order of Distribution has been entered.

*To be filed after the order of distribution has been entered.

Applies to

Statement of account

A Statement of Account including a proposed Schedule of Distribution, Form 10606, is required for non-judicial closing.

(2) Statement of Account, including proposed Schedule of Distribution (Form 10606)

Applies to

Notice of filing statement of account

Must include

certificate of service

A Notice of Filing Statement of Account and Schedule of Proposed Distribution with proof of mailed notice, Form 10605, is required.

(3) Notice of Filing Statement of Account and Schedule of Proposed Distribution, with Proof of Mailed Notice (Form 10605)

Applies to

Affidavit of publication

The publication affidavit is required unless all interested parties filed Waivers of Notice using Form 10368a or 10368b.

(4) Affidavit of Publication of Notice of Filing Statement of Account and Schedule of Proposed Distribution, unless Waivers of Notice (Form 10368a or 10368b) were filed by all interested parties.

Applies to

Acceptance or waiver of notice by successor

The successor personal representative must provide an acceptance or waiver of notice using an adapted Form 10330.

(4) Acceptance or waiver of notice by successor (adapt Form 10330)

Applies to

Order of distribution to successor

An Order of Distribution to Successor, Form 10593, is required.

(5) Order of Distribution to Successor (Form 10593)

Applies to

Receipt of successor

A Receipt of Successor, Form 10575, is required when a successor personal representative is appointed.

(6) Receipt of Successor (Form 10575)**

Applies to

Order of discharge

An Order of Discharge using an adapted Form 10333 is required when a successor personal representative is appointed.

(7) Order of Discharge (adapt Form 10333)**

Applies to

Order of discharge

The successor-personal-representative Order of Discharge must be filed after the Order of Distribution has been entered.

**To be filed after the Order of Distribution has been entered.

Applies to

Petition for abandonment

An abandonment petition must either be set for hearing with notice to interested persons or include the consents of all interested persons.

The petition for abandonment must be set for hearing with notice of hearing to interested persons or be accompanied by consents of all interested persons.

Applies to

Application

An application concerning secured property must include the consent of interested persons or be set for hearing with notice to them.

The independent personal representative must obtain the consent of interested persons to the application or it must be set for hearing with notice to interested persons.

Applies to

Application

When a court order is needed to continue the business for an additional period, the representative must obtain interested persons' consent or set the matter for hearing with notice to them.

If a court order is necessary to continue the business for an additional period of time the independent personal representative must obtain the consent of interested persons or set the matter for hearing with notice to interested persons.

Applies to

First petition or application

The first petition or application in a Probate Division proceeding, except an Application for Refusal of Letters, must be signed by at least one attorney of record.

The first petition or application filed on behalf of a party in connection with any proceeding in the Probate Division, except an Application for Refusal of Letters, must be signed by at least one attorney of record and shall also state:

Applies to

First petition or application

The pleading must contain the complete address of the nominated fiduciary, petitioner, or applicant.

Said pleading must also contain the complete address of the nominated fiduciary, petitioner or applicant.

Applies to

Change of address notice

When the attorney of record or fiduciary changes address, the attorney must notify the Court of the new address and telephone number by letter or a pleading titled “Change of Address” in every relevant matter.

Whenever the attorney of record or the fiduciary’s address is changed, it is the attorney’s duty to advise the Court of the new address and new telephone number by letter or by a pleading titled “Change of Address” in every matter in which the attorney is serving as Attorney of Record.

Applies to

Withdrawal of attorney

A Withdrawal of Attorney filed in a probate proceeding must comply with Local Court Rule 21.4.

A Withdrawal of Attorney filed by the attorney of record in a probate proceeding shall be in accordance with Local Court Rule 21.4.

Applies to

Compensation application

Each compensation application must be written and signed by all personal representatives.

Each application for compensation shall be in writing and shall be signed by all personal representatives.

Applies to

Attorney compensation application

An attorney must sign the application for the attorney's own compensation.

The attorney shall also sign applications for the attorney's compensation.

Applies to

Co personal representative compensation application

A compensation application by co-personal representatives must state the requested division of compensation in dollar amounts.

Where co-personal representatives are seeking compensation, the application shall state the requested division of compensation among them in dollar amounts.

Applies to

Hourly compensation application

An hourly-compensation application must describe each service, its date, time expended, total hours, and hourly rate with reasonable detail.

When hourly compensation is sought in a decedent's estate, the application must be prepared in manuscript form and contain a reasonably detailed description of the nature of all services performed, the date performed, the amount of time expended in connection with the service, the total hours expended and the hourly rate charged.

Applies to

Hourly compensation application

An application presenting both attorney and office-staff services must distinguish the services, time, total hours, and hourly rates attributable to each category.

Where attorney services and office staff personnel services are shown in the same application, it is necessary to distinguish which services and time were spent by the attorney and which by other office staff members, differentiating total hours and hourly rates charged.

Applies to

Hourly compensation application

When several attorneys render services at different rates, the application must identify the attorneys and state their respective hourly rates.

Where several attorneys render services at different hourly rates, the attorneys and the hourly rates charged must be stated.

Applies to

Statutory compensation application

An application for statutory compensation must follow Form 10160.

If statutory compensation is sought, the application shall be made in accordance with form 10160.

Applies to

Request for final court costs estimate

The final-cost estimate request form must be completed completely, accurately, and on time.

It is imperative that the request form be filled out completely, accurately and timely.

Applies to

Will presented for admission to probate

A will presented for probate must be filed with Form 10050, the Statement as to Death and Presentment of Instrument in Writing for Probate.

If the will is presented for admission to probate, it must be filed and accompanied by a "Statement as to Death and Presentment of Instrument in Writing for Probate," Form 10050.

Applies to

Application for letters

Administration of an estate begins only when an application for letters is filed.

Administration is commenced by the filing of an application for letters.

Applies to

Self proving will

A self-proving will is admitted upon filing the will together with the required Statement as to Death and Presentment of Instrument in Writing for Probate.

When a will is self-proving, it will be admitted upon the filing of the will and the "Statement as to Death and Presentment of Instrument in Writing for Probate".

Applies to

Foreign will

Admission of a foreign will requires copies of the foreign will and its probate order, witness testimony if available, and the court’s probate statement or a similar pleading, all authenticated as required.

In order to admit a foreign will, it is necessary to file copies of the foreign will, the order admitting the instrument to probate and the testimony of the witnesses, if available, all authenticated according to the Act of Congress, and the Court's form, "Statement as to Death and Presentment of Instrument for Probate," or a similar pleading.

Applies to

Foreign will supporting documents

Copies of a foreign will, its probate order, and available witness testimony must be authenticated rather than submitted merely as certified copies.

NOTE: The copies of the foreign will, the order admitting it to probate and the testimony of the witnesses must be authenticated and not certified copies.

Applies to

Application for letters

When a list is involved, an application for letters must include every person mentioned on that list.

Where a list is involved, applications for letters must include all persons mentioned on the list.

Applies to

Petition to construe will

A petition to construe a will must identify the will provisions to be construed and allege additional facts needed to frame the issues.

The petition shall set forth the provisions of the will to be construed and shall allege any other facts as may be required to frame the issues.

Applies to

Petition to construe will

A will-construction petition must be set for hearing, and notice must be given to all potentially affected heirs and devisees.

The petition shall be set for hearing and all heirs and devisees who could be affected by any possible reasonable construction shall be given notice thereof.

Applies to

Vouchers

The rule requires all receipts or canceled checks (vouchers).

6) All receipts or canceled checks (vouchers)

Applies to

Final settlement

A final settlement using Form 10559 is required.

2) Final settlement (Form 10559)

Applies to

Vouchers

All receipts or canceled checks must be submitted as vouchers.

3) All receipts or canceled checks (vouchers)

Applies to

Successor acceptance or waiver of notice

The successor's acceptance of notice, or a waiver of notice adapted from Form 10330, is required.

4) Acceptance or waiver of notice by successor (adapt Form 10330 for waiver)

Applies to

Order of distribution to successor

An order of distribution to the successor using Form 10593 is required.

5) Order of distribution to successor (Form 10593)

Applies to

Successor receipt

A receipt from the successor, adapted from Form 10575, is required.

6) Receipt of successor (adapt form 10575) *

Applies to

Order of discharge

An order of discharge using Form 10333 is required.

7) Order of Discharge (Form 10333) *

Applies to

Order of distribution to successor

An order of distribution to the successor adapted from Form 10574 is required.

5) Order of distribution to successor (adapt Form 10574)

Applies to

Successor receipt

A receipt from the successor, adapted from Form 10575, is required.

7) Receipt of successor (adapt Form 10575) *

Applies to

Order of discharge

An order of discharge adapted from Form 10333 is required.

8) Order of Discharge (adapt Form 10333) *

Applies to

Proof of notice or waiver by former protectee

Proof of notice or a waiver by the former protectee using Form 10330 is required.

4) Proof of notice or waiver by former protectee (Form 10330)

Applies to

Petition for final settlement approval and asset delivery

A petition for approval of the final settlement and an order to deliver assets using Form 10339 is required.

5) Petition for Approval of Final Settlement and For Order to Deliver Assets (Form 10339)

Applies to

Order of distribution

An order of distribution using Form 10331 is required.

6) Order of distribution (Form 10331)

Applies to

Protectee receipt

A receipt from the protectee using Form 10332 is required.

7) Receipt of Protectee (Form 10332) ***

Applies to

Order of discharge

An order of discharge using Form 10333 is required.

8) Order of Discharge (Form 10333) ***

Applies to

Former protectee acceptance or waiver of notice

The former protectee's acceptance of notice, or a waiver adapted from Form 10330, is required subject to the stated applicability caveat.

4) Acceptance or waiver of notice by former protectee (adapt Form 10330) ***

Applies to

Final court costs estimate request

A request for a final court costs estimate on Form 10407 must be submitted to the cost clerk at least two weeks before the final settlement is filed.

1) Request for Final Court Costs Estimate (obtain from and submit to cost clerk at least two weeks prior to filing final settlement) (Form 10407)

Applies to

Petition for approval of final settlement

A petition for approval of the final settlement must be filed using Form 10573.

4) Petition for approval of final settlement (Form 10573)

Applies to

Suggestion of death and petition to close estate

A suggestion of death and petition to close the estate without administration must be filed using Form 10190.

1) Suggestion of death and petition to close estate without administration (Form 10190)

Applies to

Order of distribution

An order of distribution must be filed using Form 10331.

5) Order of distribution (Form 10331)

Applies to

Personal representative acceptance waiver or notice

An acceptance, waiver, or notice by the personal representative must be provided using an adaptation of Form 10330.

6) Acceptance or waiver or notice by personal representative (adapt Form 10330)

Applies to

Order to proceed without administration

An order to proceed without administration must be filed using Form 10191.

2) Order to proceed without administration (Form 10191)

Applies to

Final court costs estimate request

A request for a final court costs estimate on Form 10407 must be submitted to the cost clerk at least two weeks before the final settlement is filed.

3) Request for Final Court Costs Estimate (obtain from and submit to cost clerk at least two weeks prior to filing final settlement) (Form 10407)

Applies to

Final settlement

The final settlement must be filed using Form 10559.

4) Final settlement (Form 10559)

Applies to

Receipts or canceled checks

All receipts or canceled checks must be submitted as vouchers.

5) All receipts or canceled checks (vouchers)

Applies to

Order discharging guardian or conservator

The order discharging the guardian or conservator on Form 10594 must be filed after the order of distribution has been entered.

10) Order discharging guardian/conservator (Form 10594) * *To be filed after the Order of Distribution has been entered.

Applies to

Petition for approval of final settlement

A petition for approval of the final settlement must be filed using Form 10573.

6) Petition for approval of final settlement (Form 10573)

Applies to

Mailed notice and proof or waiver of notice

The filing must include mailed notice and proof of mailed notice on Forms 10197 and 10197a, or a waiver of notice.

7) Mailed notice and proof of mailed notice (Forms 10197 and 10197a) or waiver of notice

Applies to

Order of distribution

An order of distribution must be filed using Form 10214.

8) Order of Distribution (Form 10214)

Applies to

Receipt of distributee and order discharging guardian or conservator

The receipt of distributee and the order discharging the guardian or conservator must be filed after the order of distribution has been entered.

9) Receipt of Distributee (Form 10575) * 10) Order discharging guardian/conservator (Form 10594) * *To be filed after the Order of Distribution has been entered.

Applies to

Receipt of distributee

The receipt of the distributee on Form 10575 must be filed after the order of distribution has been entered.

9) Receipt of Distributee (Form 10575) * *To be filed after the Order of Distribution has been entered.

Applies to

Bond

The bond must state the condition specified in § 473.157.2.

The condition of the bond as set out at § 473.157.2, must be stated on the bond.

Applies to

Bond

The principal and surety must sign the bond, and their signatures must be acknowledged.

Each bond shall be signed by the principal (personal representative) and his/her surety, and their signatures must be acknowledged.

Applies to

Bond

If an attorney-in-fact signs for the surety, a copy of the power of attorney must be attached to the bond.

Where an attorney-in-fact signs for the surety, a copy of the power-of-attorney must be attached to the bond.

Applies to

Additional bond

Any required additional bond must be executed by the same surety as the original bond.

All additional bonds which may be required must be executed by the same surety as the original bond.

Applies to

Additional bond

If using the same surety is not possible or desirable, a new bond for the full required amount must be filed with an application and order terminating the original surety's future liability upon court approval.

If this is not possible or desirable, then a new bond in the full amount required must be filed accompanied by an application and order to terminate the original surety's future liability as of the date of the Court's approval of the new bond.

Applies to

Additional bond

The surety company's bond number must appear on the original bond, and any subsequent bond must state a number consistent with the original.

The surety company's bond number must be included on the original bond. On any subsequent bonds, the number must be consistent with the original and must be stated on the bond.

Applies to

Additional bond

Additional bonds and riders must be designated either “Additional” or “Rider.”

All additional bonds or riders shall be designated "Additional" or "Rider".

Applies to

Additional bond

Additional bonds and riders must include or reference the § 473.157.2 bond condition, be executed and acknowledged under § 473.167, and include the power of attorney when an attorney-in-fact signs for the surety.

All additional bonds or riders must contain or refer to the condition of the bond set forth in § 473.157.2, and must be executed and acknowledged in compliance with § 473.167; and where an attorney-in-fact signs for the surety, a copy of the power-of-attorney must be attached to the additional bond or rider.

Applies to

Petition and proposed order

The conservator may annually file a petition and proposed order to pay specified taxes, bond premiums, tax-return-preparer fees, and related attorney fees without changing the estate's non-final account probable classification.

If funds are needed to pay taxes due from the minor to the IRS or State of Missouri, the conservator may file annually a petition and proposed order to pay taxes; bond premium; tax return preparer fees and any attorney fees for services rendered in connection with obtaining the order, without removing the estate from NFP classification.

Applies to

Initial responsive pleading with completed Circuit Court Form 4

An initial responsive pleading must include a completed Circuit Court Form 4 when the plaintiff’s attached Form 4 information is incomplete or inaccurate.

Circuit Court Form 4 shall also be completed and attached to all initial responsive pleadings filed if the information contained in the Form 4 attached to the initial pleading of the plaintiff is incomplete or inaccurate.

Applies to

Circuit Court Form 4

Each party must update Circuit Court Form 4 whenever its information changes until the case is concluded.

Each party shall have a continuing duty to update Form 4 with any changes in the information contained therein until the case has been concluded.

Applies to

Electronically filed pleading affidavit or other document requiring signature

An electronically generated signature has the same effect as an original signature, a Court-issued log-on identifier and password constitute the filer’s signature, and an electronically filed document requiring signature must indicate the petitioner’s authorization in a form such as “Jane Doe/s.”

A facsimile or electronically generated signature shall have the same force and effect as an original signature for purposes of pleadings and orders in these matters. Use of a unique log-on identifier issued by the Court and a password to electronically file a pleading, affidavit or other document constitutes the filer’s signature for all purposes. Any pleading, affidavit or other document that requires a signature shall indicate that a signature has been authorized by the petitioner on the electronically filed document, e.g., “Jane Doe/s.”

Applies to

Motion

When information in a pre-approved process server's qualifying affidavit has changed, the information must be updated in the motion submitted to the court for a ruling.

If any information in the qualifying affidavit has changed, such information must be updated with the filing of the motion, which must then be submitted to the court for a ruling.

Applies to

Motion

If the parties cannot agree on additional interrogatories, a party may file a written motion stating the proposed interrogatories and reasons establishing good cause.

a party may file a written motion which shall set forth the proposed additional interrogatories and the reasons establishing good cause for the additional interrogatories.

Applies to

Discovery documents

Interrogatories, document-production requests and responses, and requests for admissions and responses shall not be filed with the Court except by court order or in connection with discovery disputes.

The following documents shall not be filed with the Court, except upon order of the Court or in connection with discovery disputes. a. Interrogatories propounded and answered, pursuant to Supreme Court Rule 57. b. Requests for Production of Documents and Things and responses, pursuant to Supreme Court Rule 58. c. Requests for Admissions and responses, pursuant to Supreme Court Rule 59.

Applies to

Motion

Must include

legal argument

Failure to file clear and concise suggestions may result in refusal of the requested relief.

Failure to file clear concise suggestions shall be grounds for refusing the relief requested.

Applies to

Circuit Court Form 17

Circuit Court Form 17 is required with an initial responsive pleading only if the information in the initial pleading's Form 17 is incomplete or inaccurate.

Circuit Court Form 17 shall be completed and attached to all initial responsive pleadings filed in the Family Court Division only when the information contained in the Form 17 attached to the initial pleading is incomplete or inaccurate.

Applies to

Circuit Court Form 17

Each party must update Circuit Court Form 17 as necessary until the case is concluded.

Each party shall have a continuing duty to update Form 17 as necessary until the case has been concluded.

Applies to

Property ledger

The petitioner prepares the property ledger in even-numbered cases, and the respondent completes it in odd-numbered cases.

Petitioner shall prepare the ledger in even numbered cases, and Respondent shall complete the ledger in odd numbered cases.

Applies to

Certificate of dissolution of marriage

Upon termination of the proceedings, the prevailing party is responsible for completing provisions 15, 17, 18, and 19 of the Certificate of Dissolution of Marriage.

Upon termination of the proceedings, the prevailing party shall be responsible for completing provisions 15, 17, 18, and 19.

Applies to

Agreement

A municipality entering an agreement to hold court outside its municipal boundaries must file a copy with the Office of the State Courts Administrator.

Any municipality that enters into an agreement to hold court outside its municipal boundaries shall file a copy of the agreement with the Office of the State Courts Administrator.

Applies to

Agreement

The agreement must identify the municipal judge assigned to hear cases for the municipality.

The agreement shall include the name of the municipal judge who is assigned to hear cases for the municipality.

Applies to

Garnishment exemption affidavit

A qualifying judgment debtor may request exemption from execution by filing an affidavit with the Court Administrator’s Office, subject to the stated limitation for child support or maintenance collections.

A judgment debtor claiming that a) funds in an account are traceable to social security and/or Veterans' benefits, or b) funds sought to be garnished directly from the United States Government, are federal retirement benefits, may request that such funds be exempted from execution, except as the exemption may be limited by 42 U.S.C. Section 659 where the execution is issued to collect child support or maintenance, by filing an affidavit requesting such exemption with the Court Administrator's Office.

Applies to

Application for letters of administration or letters testamentary

The attorney must designate the publication periodical in the application, although the Court will select one if the attorney does not.

The attorney shall designate in the application the periodical in which notice of the issuance of letters shall be published. If the periodical is not designated, the Court will select the periodical.

Applies to

Application for letters of administration or letters testamentary

The attorney is responsible for forwarding the required payment to the designated publication periodical.

It is the attorney’s responsibility to forward the required payment to the designated periodical.

Applies to

Application for letters of administration or letters testamentary

The application must accurately and adequately state each listed person's relationship to the decedent, including an heir's or devisee's relationship to a deceased ancestor.

The relationship to the decedent of the persons listed on the application must be accurately and adequately shown since the application is the foundation upon which the order of distribution is predicated. The relationship of an heir or devisee to a deceased ancestor must be shown.

Applies to

Application for letters of administration or letters testamentary

An application must specifically state that the decedent left no surviving spouse when that is the case.

If there is no surviving spouse, that fact must be stated specifically.

Applies to

Application for letters testamentary

An application for letters testamentary must state specified names, relationships, and residence addresses for the decedent and relevant surviving family members and beneficiaries.

In an application for letters testamentary, state the names, relationships to the decedent and residence addresses of the decedent at the time of death, and the residence addresses of the surviving spouse, heirs, devisees (including trustees) and lineal descendants of devisees who were relatives of and predeceased the testator.

Applies to

Application for letters testamentary

An application for letters testamentary must identify each will beneficiary's provision, report suspected incapacity and minor birth dates, provide known custodian and conservator information, and list deceased devisees or heirs with their dates of death.

For persons named in the will, the application must indicate the provision, i.e., the article, in which they are named. Indicate those believed by the applicant to be mentally incapacitated and the birth dates of those who are minors. Also state, so far as is known to the applicant, the names and addresses of the custodians named in the will for a minor or adult and the conservators of any minor or mentally incapacitated devisees or heirs, including the surviving spouse, and their relationship to the decedent. Any devisee or heir who survived the decedent but is not living on the date the application is filed, shall be listed with his/her date of death.

Applies to

Application for letters of administration

An application for letters of administration must identify surviving spouses and heirs, report incapacity and minors' birth dates, provide available conservator and estate information, and list deceased heirs as required.

In an application for letters of administration, state the names, relationships to the decedent and residence addresses of the surviving spouse and heirs. Indicate those believed by the applicant to be mentally incapacitated and the birth dates of those who are minors. Also state, so far as is known to applicant, the names and addresses of the conservators of those who are minors or disabled. For any heir who died subsequently to the decedent, list that deceased heir's personal representative, location of estate and, if in Jackson County, number of estate, if the information is available. Any heir who survived the decedent but is not living on the date the application is filed shall be listed with his/her date of death.

Applies to

Form 10444 or equivalent

Names and addresses of all heirs or devisees in the court file should be kept current using Form 10444 or an equivalent form.

Names and addresses of all heirs or devisees in the Court file should be kept current by form 10444 or its equivalent.

Applies to

Amended application for letters

Corrections or supplements to other information in an application require filing a new application bearing the word "amended."

When other information on the application needs to be corrected or supplemented, a new application with the word "amended" must be filed.

Applies to

Inventory

An inventory executed by the personal representative and filed before issuance of letters does not satisfy the inventory-filing requirement.

Since the inventory must be executed by the personal representative, any inventory filed prior to the issuance of letters shall not fulfill the requirement.

Applies to

Report of sale

The real property contract should not be attached to or otherwise filed with the report of sale.

The real property contract should not be attached to the report of sale or otherwise filed with the Court.

Applies to

Amended inventory

An amended inventory should be filed if the original inventory lists an incorrect property value.

If the original value listed on the inventory is incorrect, an amended inventory should be filed reflecting the correct value.

Applies to

Settlement

Asset changes caused by loss or destruction must be reflected on the next filed settlement.

Changes to assets as a result of loss or destruction must be reflected on the next filed settlement.

Applies to

Compensation application

When attorney and paralegal services appear in the same compensation application, the application must distinguish the services, time, total hours, and hourly rates attributable to each.

Where attorney services and paralegal services are shown in the same application, it is necessary to distinguish which services and time were spent by the attorney and which by the paralegal, differentiating total hours and hourly rates charged.