CIRCUIT COURT OF ST. LOUIS COUNTY PROBATE DIVISION

Transcription

1 Checklist of Requirements for Filing and Approval of Annual Settlements (Does Not Close Estate) Document Category Settlement/Statement/Report Document Description Settlement Annual NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. Beginning balance matches: Inventory for 1 st annual Prior settlement ending balance (all subsequent settlements) Does not include real estate Receipts are all properly detailed per In conservatorship estates, must account for all continuing monthly income payments unless proof of representative payee* has been filed. (Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Proof of Rep Payee) All disbursements are proper and allowable. All sales of real estate and personal property are authorized by court order or per power in the will. Fees for attorney; personal representative; or conservator are: Court allowed Within statutory amounts. Copy of closing statement filed for sale of real estate. (Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Real Estate Closing Statement) Vouchers filed for each disbursement in excess of $75.00 or as required by Court: Bills stamped paid by service provider Bills and copies of cancelled checks or equivalent information on bank statements Shall be submitted as an attachment to the settlement; numbered and in consecutive order consistent with the listing of disbursements on the settlement. See Local Court Rule

2 Bond premium submitted as attachment to the settlement: Proof paid for the settlement period Proof nothing is due. Settlement is properly totaled and mathematically correct. Recapitulation of assets is itemized. Total recap must match math totals and assets must be verified in conservator estates (See ). Settlement is signed by personal representative or conservator under oath or before a notary. See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits. VA Waiver* filed if VA benefits received. *(Document Category Waiver of) If estate is bonded, provide current values for anything with a fluctuating value (stocks, bond, etc.). Court will calculate bond sufficiency and then order an increase or decrease if necessary. 2

3 Checklist of Requirements for Filing and Approval of Final Settlement in Conservatorship Estate After Order Dispensing with Administration (Does Close Estate) Document Category Settlement/Statement/Report Document Description Settlement Final NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. MUST BE FILED WITH A SEPARATE PETITION FOR DISTRIBUTION Settlement and Petition for Distribution* must be signed by conservator under oath or before a notary. See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits. *(Document Category Petition to/for Petition to Approve Final Settlement) Petition for Distribution must be signed by attorney. Petition for Distribution is strictly for distribution of assets to ultimate distributees. All disbursements including expenses, fees, and costs should be included in the final settlement Settlement is signed by conservator under oath or before a notary. See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits. Beginning balance matches: Inventory for 1 st annual Prior settlement ending balance (all subsequent settlements) Settlement does not include real estate Receipts are all properly detailed per In conservatorship estates, must account for all continuing monthly income payments unless proof of representative payee* has been filed. (Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Proof of Rep Payee) All disbursements are proper and allowable. All sales of real estate and personal property are authorized by court order. Fees for attorney; conservator are court allowed Copy of closing statement filed for sale of real estate. (Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Real Estate Closing Statement) 1

4 Vouchers filed for each disbursement in excess of $75.00 or as required by Court: Bills stamped paid by service provider Bills and copies of cancelled checks or equivalent information on bank statements Shall be submitted as an attachment to the settlement; numbered and in consecutive order consistent with the listing of disbursements on the settlement. See Local Court Rule Bond premium submitted as attachment to the settlement: Proof paid for the settlement period Proof nothing is due. Settlement is properly totaled and mathematically correct. Recapitulation of assets is itemized. Total recap must match math totals. All pending motions, petitions, claims, etc. must be resolved. All assets must be accounted for by sale, charge-off or distribution. Real estate to be distributed must be set out in petition for distribution with a complete real estate description exactly as it appears on the inventory. Unless previously provided with prior settlements, you will need to file proof of payment* for All allowed claims Fees for court-appointed attorneys Fees for court-appointed appraiser Fees for court-appointed ad litems. *(Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Proof of Payment of (document name) Court costs must all be paid. Contact our Finance Department at (314) for balance due. 2

5 Checklist of Requirements for Filing and Approval of Final Settlement to Date of Death/Removal/Resignation of Personal Representative or Conservator (Does Not Close Estate) Document Category Settlement/Statement/Report Document Description Settlement Final NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. Beginning balance matches: Inventory for 1 st annual Prior settlement ending balance (all subsequent settlements) Does not include real estate Receipts are all properly detailed per In conservatorship estates, must account for all continuing monthly income payments unless proof of representative payee* has been filed. (Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Proof of Rep Payee) All disbursements are proper and allowable. All sales of real estate and personal property are authorized by court order or per power in the will. Fees for attorney; personal representative; or conservator are: Court allowed Within statutory amounts. Copy of closing statement filed for sale of real estate. (Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Real Estate Closing Statement) Vouchers filed for each disbursement in excess of $75.00 or as required by Court: Bills stamped paid by service provider Bills and copies of cancelled checks or equivalent information on bank statements Shall be submitted as an attachment to the settlement; numbered and in consecutive order consistent with the listing of disbursements on the settlement. See Local Court Rule

6 Bond premium submitted as attachment to settlement: Proof paid for the settlement period Proof nothing is due. Settlement is properly totaled and mathematically correct. Recapitulation of assets is itemized. Total recap must match math totals. Settlement is signed by former conservator/personal representative or legal representative of deceased conservator/personal representative under oath or before a notary. See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits. Waiver of notice *from successor personal representative or conservator. See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits. *(Document Category Wavier of Waiver (other) VA Waiver, if VA benefits received. (Document Category Waiver of) 2

7 Checklist of Requirements for Filing and Approval of Final Settlement in Supervised Decedent s Estate (Closes Estate) Document Category Settlement/Statement/Report Document Description Settlement Final NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. MUST BE FILED WITH A SEPARATE PETITION FOR DISTRIBUTION Settlement and Petition for Distribution* must be signed by personal representative under oath or before a notary. See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits. *(Document Category Petition to/for Petition to Approve Final Settlement) Petition for Distribution must be signed by attorney. Petition for Distribution is strictly for distribution of assets to ultimate distributees. All disbursements including expenses, fees, and costs should be included in the final settlement Must be filed on or before due date in publication or as continued by the court. Settlement is signed by personal representative under oath or before a notary. See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits. Beginning balance matches: Inventory for 1 st annual Prior settlement ending balance (all subsequent settlements) Settlement does not include real estate Receipts are all properly detailed per All disbursements are proper and allowable. All sales of real estate and personal property are authorized by court order or per power in the will. Fees for attorney; personal representative are: Court allowed Within statutory amounts. 1

8 Copy of closing statement filed for sale of real estate. (Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Real Estate Closing Statement) Vouchers filed for each disbursement in excess of $75.00 or as required by Court: Bills stamped paid by service provider Bills and copies of cancelled checks or equivalent information on bank statements Shall be submitted as an attachment to the settlement; numbered and in consecutive order consistent with the listing of disbursements on the settlement. See Local Court Rule Bond premium submitted as attachment to the settlement: Proof paid for the settlement period Proof nothing is due. Settlement is properly totaled and mathematically correct. Recapitulation of assets is itemized. Total recap must match math totals. Proof of final publication. Publication required in supervised estates cannot waive. (Document Category Affidavit for/in/of Affidavit (other) Proof of mailing notice: (Document Category Affidavit for/in/of Affidavit of Mailing) To all distributees Waivers* or consents** from all adult, competent or their conservator if incapacitated or a minor. *(Document Category Waiver of) **(Document Category Consent by/fo/to) All assets must be accounted for by: Sale Charge-off Distribution Specific and general bequests: Must be paid and shown on settlement or Included in petition for final distribution if not previously paid. Any prior partial distributions and homestead allowances must be adjusted against final distribution. Real estate to be distributed must be set out in petition for distribution with a complete real estate description exactly as it appears on inventory. Waiver/release of MO Healthnet Division must be on file. (Document Category Filing Other/Miscellaneous) 2

9 Unless previously provided with prior settlements, you will need to file proof of payment* for All allowed claims Fees for court-appointed attorneys Fees for court-appointed appraiser Fees for court-appointed ad litems. *(Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Proof of Payment of (document name) All pending motions, petitions, claims, etc., must be resolved. Court costs must all be paid. Contact our Finance Department at (314) for balance due. 3

10 Checklist of Requirements for Filing and Approval of Settlement to Majority of Minor or Restoration of Ward Document Category Settlement/Statement/Report Document Description Settlement Final NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. Beginning balance matches: Inventory for 1 st annual Prior settlement ending balance (all subsequent settlements) Does not include real estate Receipts are all properly detailed per In conservatorship estates, must account for all continuing monthly income payments unless proof of representative payee* has been filed. (Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Proof of Rep Payee) All disbursements are proper and allowable. All sales of real estate and personal property are authorized court order. Fees for attorney; conservator are court allowed. Copy of closing statement filed for sale of real estate. (Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Real Estate Closing Statement) Vouchers filed for each disbursement in excess of $75.00 or as required by Court: Bills stamped paid by service provider Bills and copies of cancelled checks or equivalent information on bank statements Shall be submitted as an attachment to the settlement; numbered and in consecutive order consistent with the listing of disbursements on the settlement. See Local Court Rule Bond premium submitted as attachment to settlement: Proof paid for settlement period Proof nothing is due. Settlement is properly totaled and mathematically correct. Recapitulation of assets is itemized. Total recap must match math totals. 1

11 Settlement is signed by conservator under oath or before a notary. See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits. Waiver of notice *. See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits. From minor now of age From ward now restored. *(Document Category Wavier of Waiver (other) May combine waiver with consent - See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits: To any specific items Acknowledging that he/she has seen a copy of the settlement and consents to all transactions including fees. VA Waiver filed if VA benefits received. (Document Category Waiver of) All pending motions, petitions, claims, etc. must be resolved. Court costs must all be paid. Contact our Finance Department at (314) for balance due. 2

12 Checklist of Requirements for Filing and Approval of Settlement to Death of Ward (Does Close Estate) Document Category Settlement/Statement/Report Document Description Settlement Final NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. Beginning balance matches: Inventory for 1 st annual Prior settlement ending balance (all subsequent settlements) Does not include real estate Receipts are all properly detailed per In conservatorship estates, must account for all continuing monthly income payments unless proof of representative payee* has been filed. (Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Proof of Rep Payee) All disbursements are proper and allowable. All sales of real estate and personal property are authorized by court order. Fees for attorney; conservator are court allowed. Copy of closing statement filed for sale of real estate. (Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Real Estate Closing Statement) Vouchers filed for each disbursement in excess of $75.00 or as required by Court: Bills stamped paid by service provider Bills and copies of cancelled checks or equivalent information on bank statements Shall be submitted as an attachment to the settlement; numbered and in consecutive order consistent with the listing of disbursements on the settlement. See Local Court Rule Bond premium submitted as attachment to settlement: Proof paid for the settlement period Proof nothing is due. 1

13 Settlement is properly totaled and mathematically correct. Recapitulation of assets is itemized. Total recap must match math totals. Settlement is signed by former conservator/personal representative or legal representative of deceased conservator/personal representative under oath or before a notary. See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits. Waiver of notice* from person receiving assets (personal representative of decedent estate; affiant for Small Estate). See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits. *(Document Category Wavier of Waiver (other) VA Waiver, if VA benefits received. (Document Category Waiver of) All pending motions, petitions, claims, etc., must be resolved. Unless previously provided with prior settlements, you will need to file proof of payment* for All allowed claims Fees for court-appointed attorneys Fees for court-appointed appraiser Fees for court-appointed ad litems. *(Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Proof of Payment of (document name) Court costs must all be paid. Contact our Finance Department at (314) for balance due. 2

14 Checklist of Requirements for Filing and Processing of Statement of Accounts Document Category Settlement/Statement/Report Document Description Statement of Account NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. Missouri Healthnet Release, Waiver or Satisfaction of Claim (Document Category Filing Other/Miscellaneous) Statement of Account signed by personal representative pursuant to See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits. Publication of filing* Statement of Account or Waivers* from all heirs or legatees *(Document Category Affidavit for/in/of Affidavit (other) **(Document Category Waiver of) Final Court Costs must be paid please call our Finance Department at to request a final cost bill before filing. Proof of mailing* to all heirs, legatees, or other interested parties (special notice parties, unpaid claimants, etc.) or waivers from same. *(Document Category Affidavit for/in/of Affidavit of Mailing) A complete accounting of all receipts and disbursements Schedule of Proposed Distribution shall be submitted as part of the statement of account not an attachment or separate document. Distribution must follow the terms of the Last Will and Testament or be consented to by all effected parties. (Document Category Consent by/for/to) Attorney or personal representative fees: Statutory minimum fee calculation Fees in excess of statutory allowance requires a court order per (3) RSMo File Petition for Fees (Document Category Petition for Fees) Obtain specific consents* to fees from the adult residuary beneficiaries of the estate (actual trust beneficiaries if a pour-over Will to Trust) *(Document Category Consent by/for/to) On the net proceeds from sale of real estate, not the gross sales price to be used in calculating the statutory fees. 1

15 Document Category Petition to/for Document Description No Further Process Checklist of Requirements for Obtaining Orders of No Further Process NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. Upon the filing of a petition signed by the conservator or personal representative under oath or before a notary and also signed by attorney (See Local Court Rule 72.2, Item g, Re: Verified Documents and Affidavits.), the court MAY issue an Order of No Further Process to close a conservatorship (but not a guardianship) or a decedent s estate IF: There are no assets of any kind remaining in the estate. There is no income. The only asset remaining in an estate is a court approved prepaid funeral/burial plan. All assets have been deposited in restricted accounts. Agreements of Depositary* have been approved by the court so that no withdrawals of principal and/or interest may be made except by an order of the court. *(Document Category Filing Other/Miscellaneous Agreement of Depositary) All prior settlements are approved. All pending motions, petitions, claims, etc. are resolved. Bond premium submitted as attachment to settlement: Proof paid up to filing of petition. Proof nothing is due. Unless previously provided with prior settlements, you will need to file proof of payment* for All allowed claims Fees for court-appointed attorneys Fees for court-appointed appraiser Fees for court-appointed ad litems. *(Document Category Filing Other/Miscellaneous Supplemental Filing Document Description Proof of Payment of (document name) Court costs must all be paid. Contact our Finance Department at (314) for balance due.

16 Case Category Probate Decedent Estates Case Type Will Admitted or Rejected CIRCUIT COURT OF ST. LOUIS COUNTY Checklist of Documents Required to File an Application for Probate of Will NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. 1. Must be filed within 1 year of date of death of DECEASED. 2. Party Information including surviving spouse entered with full social security numbers, birth dates, and date of death. 3. Copy of Death Certificate. (Document Category Certificate of) 4. Delivery of Will * for probate with completed Will Record** form attached. *(Document Category Filing Other/Miscellaneous) **(Document Category Filing Other/Miscellaneous Supplemental (other) Document Description Will Record) 5. Petition to Admit Will to Probate. (Document Category Petition to/for) If requesting issuance of Letters Testamentary, need to file a separate Petition for Letters Testamentary. (Document Category Application for Letters) 6. If will is not self-proving file a request for Commission(s)* if witnesses cannot come into the court to prove the will. *Document Category Request for/to Request (other) Fees $1.00 per page of will plus $3.00 copy/mailing charge for each commission requested. 7. Filing fee in the amount of $67.00.

17 Checklist of Requirements to File a Petition for Appointment of Conservator of Minor Case Category Probate Guardianship/Conservatorship-Adult/Minor Case Type Conservatorship Minor NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. 1. Confidential Filing Information Sheet electronically produced by entering all Party information with full social security numbers, birth dates, and date of death if applicable. 2. Copy of Birth Certificate. (Document Category Certificate of) 3. Obtain a Conservatorship of Minor Packet from the court. This contains all the forms needed. Petition for Appointment of Conservator of Minor (Document Category Application for Letters) Exhibit A Financial Statement (Document Category Filing Other/Miscellaneous Exhibit Document Description Financial Statement) Exhibit B Minor (Document Category Filing Other/Miscellaneous - Exhibit) Exhibit C Designation of Resident Agent/Acceptance of Appointment of Resident Agent (Document Category Filing Other/Miscellaneous) Exhibit D Parent s Waiver of Right to be Appointed Conservator or request for hearing. (Document Category Waiver of Rights (waiver) Exhibit E Selection of Conservator by Minor and Waiver of Service if minor is 14 or older. (Document Category Filing Other/Miscellaneous) 4. Bond* Conservator estate corporate surety bond in an amount to be determined by the Issue Department. Requires Acknowledgment of Principal; Acknowledgment of Surety; and Power of Attorney for Attorney in Fact to be attached. *Document Category Filing Other/Miscellaneous Surety Bond 5. Filing fee of $92.00: Additional $36.00 per person to be served if service is by St. Louis County Sheriff.

18 Case Category Probate Decedent Estates Case Type Refusal of Letters Creditor Checklist of Requirements to File an Application for Refusal of Letters - Creditor NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. 1. Party Information for all parties entered with full social security numbers, birth dates, and date of death. 2. Copy of Death Certificate. (Document Category Certificate of) 3. Application for Refusal of Letters for Creditor (Document Category Application for Letters) 4. Copy of itemized funeral bill* marked paid in full showing the applicant as payor. *(Document Category Filing Other/Miscellaneous Exhibit Document Description Paid Funeral Bill) 5. Supporting Documentation* copies of documentation of assets with current values may be submitted as 1 document but must be a separate document from the application: Bank Accounts: Bank name; account numbers (do not need to know what type of account); current balance Stocks and bonds Stock certificate numbers; number of shares, names of companies, classes of stock, and current fair market value; indicate whether shares are listed on a securities exchange, sold over the counter or closely held. Brokerage Accounts must list account number, list stocks and bonds contained in account, or attach brokerage statement detailing investments. Vehicles - vehicle description listing year, name of manufacturer, model, and vehicle identification number and current value; Insurance policies - insurance company name and policy number, face/cash value; Safe Deposit Boxes - safe deposit box number, bank name and inventory of assets; Jewelry or coins appraisal *(Document Category Settlement/Statement/Report Verification of Assets) 6. Creditor s Bond (Document Category Filing Other/Miscellaneous Surety Bond) If the value of the assets is greater than the creditor s claim amount, the difference between the assets and the amount paid by the creditor. If creditor s bond is needed, must file an Affidavit of Heirs* including names, addresses and relationships of heirs-at-law. *(Document Category Affidavit for/in/of Affidavit (other) Document Description Affidavit of Heirs) Creditor s Bond requires Acknowledgment of Principal; Acknowledgment of Surety; and Power of Attorney for Attorney in Fact to be attached. 1

19 7. Cannot transfer real estate through a creditor s refusal. 8. Filing fee of $67.00 which includes 1 certified copy of order. Additional certified copies of order are $3.50 each. 2

20 Case Category Probate Decedent Estates Case Type Determination of Heirship Checklist of Requirements to File a Petition to Determine Heirs NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. 1. Must be filed 1 year AFTER date of death of DECEASED. 2. Party Information for all parties including spouse, heirs and legatees entered with full social security numbers, birth dates, and date of death. 3. Copy of Death Certificate. (Document Category Certificate of) 4. Petition to Determine Heirs: (Document Category Petition to/for) Per requirements of RSMo Name; addresses and lineage of all heirs-at-law, including deceased heirs who left lineal descendants. Complete domicile address of decedent Date of death of DECEASED Description of assets with current values Real property - need full legal description as it appears on the deed including book and page numbers and street addressees with a county tax assessment* or real estate appraisal** in support of valuation. Designation of newspaper for publication. *(Document Category Filings Other/Miscellaneous Exhibit Document Description County Tax Assessment) **(Document Category Filings Other/Miscellaneous Real Estate Appraisal) 5. Filing fee includes 1 certified copy of judgment and based on newspaper used for publication: St. Louis Countian/Missouri Lawyers Media - $ St. Louis County Legal Ledger - $ St. Louis Post Dispatch - $ If all heirs live more than 300 miles away, check with hearing Judge at least two (2) weeks before scheduled hearing re: alternatives to live courtroom testimony.

21 Checklist of Requirements to File a Petition for Appointment of Guardian and/or Conservator of Adult Case Category Probate Guardianship/Conservatorship-Adult/Minor Case Type Choose most appropriate case type for adult NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. 1. Confidential Filing Information Sheet with full social security numbers and birth dates. 2. Obtain Guardian and Conservator of Adult packet from court. This contains all the forms needed for filing. Information for Proposed Guardians and/or Conservators (Document Category Filing Other/Miscellaneous Exhibit Document Description Info for Proposed Guardian Conservator) Petition for Appointment of Guardian and/or Conservator (Document Category Application for Letters) Exhibit A Financial Statement (Document Category Filing Other/Miscellaneous Exhibit Document Description Financial Statement) Exhibit B Adult (Document Category Filing Other/Miscellaneous Exhibit) Exhibit C Consent to Appointment (Document Category Consent by/for/to Serve Consent to Service Document Description Consent of Appointee) Exhibit D Designation of Resident Agent/Acceptance of Appointment of Resident Agent (Document Category Filing Other/Miscellaneous) Exhibit E List of Prospective Witnesses (Document Category Filing Other/Miscellaneous) Exhibit F Physician s Answers to Interrogatories (Document Category Affidavit for/in/of Medical Affidavit) 3. Bond: Conservator estate corporate surety bond* in an amount to be determined by the Issue Department prior to the hearing, or Letter from bonding company verifying petitioner s ability to qualify for bond. Conservator bond requires Acknowledgment of Principal; Acknowledgment of Surety; and Power of Attorney for Attorney in Fact to be attached. *Document Category Filing Other/Miscellaneous Surety Bond 4. Filing fee in the amount of $632.00: Additional $36.00 per person to be served if service is by St. Louis County Sheriff. Includes $ fee for court appointed attorney for respondent.

22 Checklist of Requirements to File a Petition for Appointment of Guardian and Conservator of Minor Case Category Probate Guardianship/Conservatorship-Adult/Minor Case Type Guardianship and Conservatorship Minor NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. 1. Confidential Filing Information Sheet electronically produced by entering all Party information with full social security numbers, birth dates, and date of death if applicable. 2. Copy of Birth Certificate. (Document Category Certificate of) 3. Obtain Guardianship of Minor packet from court. This contains all the forms needed for filing. Confidential Filing Information Sheet electronically produced by entering all Party information with full social security numbers, birth dates, and date of death if applicable. Family Tracking Sheet. Document Category Filing Other/Miscellaneous Exhibit Document Description Family Tracking Sheet) Response to the Request for Search of Putative Father Registry (required when father is unknown or not named on the birth certificate.) Document Category Filing Other/Miscellaneous Exhibit Document Description Response Putative Father Registry) Petition for the Appointment of Guardian of Minor and Exhibits. (Document Category Application for Letters) Exhibit A Financial Statement (Document Category Filing Other/Miscellaneous Exhibit Document Description Financial Statement) Exhibit B Minor (Document Category Filing Other/Miscellaneous Exhibit) Exhibit C Consent of Parent to Appointment of Guardian (one for each parent) (Document Category Consent by/for/to Natural Parent) Exhibit D Waiver of Service of Summons (one for each parent) (Document Category Waiver of Service (waiver) Exhibit E Waiver of Service of Summons and Nomination of Proposed Guardian by Minor Child Fourteen (14) Years of Age or Older (Document Category Filing Other/Miscellaneous) Exhibit F Consent of the Missouri Children s Division to Guardianship and Waiver of Service of Summons (if the child is in the custody of MCD). (Document Category Consent by/for/to) Exhibit G Request for Personal Service of Summons (when 1 or both parents are not consenting or waiving service.) Could require additional filing fees please see schedule of fees set forth in No. 8 of Obtaining Guardianship of Minors. (Document Category Summons/Service Request) 1

23 Exhibit H Application for Order of Publication in Guardianship Proceedings*. Affidavit of Due and Diligent** Search for Missing or Unknown Parent must be filed along with this application. Requires additional filing fees - please see schedule of fees set forth in No. 8 of Obtaining Guardianship of Minors. *(Document Category Application to/for Application (other) Document Description Application for Publication **(Document Category Affidavit for/in/of) Exhibit I Order for Publication of Notice. (Document Category Proposed Document Order (other) Document Description Order for Publication) Exhibit J Confirmation of Petitioner s Request for Guardianship Suitability Study (Document Category Filing Other/Miscellaneous Exhibit Document Description Confirmation Suitability Study) Exhibit K Financial Statement of Proposed Guardian. Document Category Filing Other/Miscellaneous Exhibit Document Description Financial Statement Proposed Guardian)) Request for Child Abuse or Neglect/Criminal Record Check* form completed and mailed to address listed on form. Please add the name of the child on the form. The form does not designate an area for this. Please forward the response to this form directly to Family Court. *( Document Category Filing Other/Miscellaneous Exhibit Document Description CAN Check) 4. Must have all required forms before it will be accepted for filing. 5. Obtain a Conservatorship of Minor Packet from the court. This contains all the forms needed. Petition for Appointment of Conservator of Minor (Document Category Application for Letters) Exhibit A Financial Statement (Document Category Filing Other/Miscellaneous Exhibit Document Description Financial Statement) Exhibit B Minor (Document Category Filing Other/Miscellaneous - Exhibit) Exhibit C Designation of Resident Agent/Acceptance of Appointment of Resident Agent (Document Category Filing Other/Miscellaneous) Exhibit D Parent s Waiver of Right to be Appointed Conservator or request for hearing. (Document Category Waiver of Rights (waiver) Exhibit E Selection of Conservator by Minor and Waiver of Service if minor is 14 or older. (Document Category Filing Other/Miscellaneous) 6. If service will be by publication, there are additional fees based on which newspaper is used. 7. Bond* Conservator estate corporate surety bond in an amount to be determined by the Issue Department. Requires Acknowledgment of Principal; Acknowledgment of Surety; and Power of Attorney for Attorney in Fact to be attached. *Document Category Filing Other/Miscellaneous Surety Bond 2

24 8. Filing Fees: Per the schedule of fees set forth in No. 8 of Obtaining Guardianship of Minors plus $92.00 for conservatorship. If petitioning for appointment of multiple minors, only 1 filing fee is required costs are waived on others. Additional fees of $36.00 per person served if the St. Louis County Sheriff will be serving the notice. 3

25 Checklist of Requirements to File a Petition for Letters of Administration Case Category Probate Decedent Estates Case Type Independent Administration Without Will Supervised Administration Without Will NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. 1. Must be filed within 1 year of date of death of DECEASED. 2. Party Information for all parties including spouse, heirs and legatees entered with full social security numbers, birth dates, and date of death. 3. Copy of Death Certificate. (Document Category Certificate of) 4. Petition for Letters of Administration: (Document Category Application for Letters) Complete names; addresses; and relationships of heirs-at-law Requesting independent or supervised administration Affirmation date completed Signed by petitioner and attorney 5. Independent Administration requested: Consents to Independent Administration from all competent adult heirs-at-law (Document Category Consent by/for/to) 6. Appointment of Personal Representative: Renunciations/nominations* of persons entitled to act as personal representative or Request that petition be set for hearing. Non-resident: Designation and acceptance of resident agent*. *(Document Category Filing Other/Miscellaneous) 7. Bond: Supervised Administration: Decedent s estate corporate surety bond (Document Category Filing Other Miscellaneous Surety Bond) Amount of the personal property rounded up to the next thousand Value of personal property shown as $ $1, bond Value of personal property shown as unknown- $40, bond. Decedent s Bond requires Acknowledgment of Principal; Acknowledgment of Surety; and Power of Attorney for Attorney in Fact to be attached. 1

26 Independent Administration: Decedent s estate corporate surety bond (Document Category Filing Other Miscellaneous Surety Bond) Amount of the real and personal property rounded up to the next thousand. Decedent s Bond requires Acknowledgment of Principal; Acknowledgment of Surety; and Power of Attorney for Attorney in Fact to be attached. Bond waived a Motion to Waive Bond* may be filed: *(Document Category Motion to/for) Petition is on file and pending; 1 year expires while pending. Consents from all adult competent beneficiaries are attached. (Document Category Consent by/for/to) Missouri HealthNet Waiver is filed. (Document Category Filing Other/Miscellaneous) Any exceptions will be decided by Commissioner Weis on a case by case basis. 8. Filing fee based on newspaper used for publication: St. Louis Countian/Missouri Lawyers Media - $ St. Louis County Legal Ledger - $ St. Louis Post Dispatch - $

27 Checklist of Documents Required to File a Petition for the Appointment of a Guardian of a Minor Case Category Probate Guardianship/Conservatorship-Adult/Minor Case Type Guardianship Minor NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. 1. Obtain Guardianship of Minor packet from court. This contains all the forms needed for filing. Confidential Filing Information Sheet electronically produced by entering all Party information with full social security numbers, birth dates, and date of death if applicable. Family Tracking Sheet. Document Category Filing Other/Miscellaneous Exhibit Document Description Family Tracking Sheet) Response to the Request for Search of Putative Father Registry (required when father is unknown or not named on the birth certificate.) Document Category Filing Other/Miscellaneous Exhibit Document Description Response Putative Father Registry) Petition for the Appointment of Guardian of Minor and Exhibits. If multiple minors, must file a separate petition and all exhibits for each minor. (Document Category Application for Letters) Exhibit A Financial Statement (Document Category Filing Other/Miscellaneous Exhibit Document Description Financial Statement) Exhibit B Minor (Document Category Filing Other/Miscellaneous Exhibit) Exhibit C Consent of Parent to Appointment of Guardian (one for each parent) (Document Category Consent by/for/to Natural Parent) Exhibit D Waiver of Service of Summons (one for each parent) (Document Category Waiver of Service (waiver) Exhibit E Waiver of Service of Summons and Nomination of Proposed Guardian by Minor Child Fourteen (14) Years of Age or Older (Document Category Filing Other/Miscellaneous) Exhibit F Consent of the Missouri Children s Division to Guardianship and Waiver of Service of Summons (if the child is in the custody of MCD). (Document Category Consent by/for/to) Exhibit G Request for Personal Service of Summons (when 1 or both parents are not consenting or waiving service.) Could require additional filing fees please see schedule of fees set forth in No. 8 of Obtaining Guardianship of Minors. (Document Category Summons/Service Request) Exhibit H Application for Order of Publication in Guardianship Proceedings*. Affidavit of Due and Diligent** Search for Missing or Unknown Parent must be filed along with this application. Requires additional 1

28 filing fees - please see schedule of fees set forth in No. 8 of Obtaining Guardianship of Minors. *(Document Category Application to/for Application (other) Document Description Application for Publication **(Document Category Affidavit for/in/of) Exhibit I Order for Publication of Notice. (Document Category Proposed Document Order (other) Document Description Order for Publication) Exhibit J Confirmation of Petitioner s Request for Guardianship Suitability Study (Document Category Filing Other/Miscellaneous Exhibit Document Description Confirmation Suitability Study) Exhibit K Financial Statement of Proposed Guardian. Document Category Filing Other/Miscellaneous Exhibit Document Description Financial Statement Proposed Guardian)) Request for Child Abuse or Neglect/Criminal Record Check* form completed and mailed to address listed on form. Please add the name of the child on the form. The form does not designate an area for this. Please forward the response to this form directly to Family Court. *( Document Category Filing Other/Miscellaneous Exhibit Document Description CAN Check) 2. Copy of Child s Birth Certificate. (Document Category Certificate of) 3. Must have all required forms before it will be accepted for filing. 5. If service will be by publication, there are additional fees based on which newspaper is used. 6. Filing Fees: Per the schedule of fees set forth in No. 8 of Obtaining Guardianship of Minors. For MCD subsidized cases being transferred to Family Court, a request for waiver of prepayment of fees must be filed. *(Document Category Certification of Inability to Pay) If petitioning for appointment of multiple minors, only 1 filing fee is required costs are waived on others. Additional fee of $36.00 per person being served, if the St. Louis County Sheriff will be serving the notice. 2

29 Case Category Probate Decedent Estates Case Type Required Administration Checklist of Documents Required to File a Petition to Require Administration NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. 1. Must be filed within 1 year of date of death of DECEASED. 2. Party Information for all parties including spouse, heirs and legatees entered with full social security numbers, birth dates, and date of death. 3. Copy of Death Certificate. (Document Category Certificate of) 4. Petition containing requirements of RSMo: (Document Category Petition to/for) Addresses of all heirs Description of alleged asset. 5. Claim and affidavit* to support claim (Document Category Filing Other/Miscellaneous) *(Document Category Affidavit for/in/of) 6. Filing fee in the amount of $

30 Checklist of Requirements to File an Affidavit for Collection of Small Estate Case Category Probate Decedent Estates Case Type Small Estate Affidavit With Will Small Estate Affidavit Without Will NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. 1. Party Information for all parties including spouse, heirs and legatees entered with full social security numbers, birth dates, and date of death. 2. Copy of Death Certificate. (Document Category Certificate of) 3. Affidavit for Collection of Small Estate form. It cannot be filed until 30 days after date of death. (Document Category Affidavit for/in/of) 4. If there is a will: Delivery of the Will* with Will Record** form attached Application for Probate of Will (Document Category Affidavit for/in/of Death and Application for Probate of Will) *(Document Category Filing Other/Miscellaneous) **(Document Category Filing Other/Miscellaneous Supplemental (other) Document Description Will Record 5. Limited to a net value of $40, or less after liens; mortgages; and expenses. Itemized list of debts Documentation to support the debts see No. 6 below. Separate affidavit from affiant* stating they agree to pay any and all claims before making distribution of remaining assets if assets total more than $40, before debts applied/deducted. *(Document Category Affidavit for/in/of Affidavit (other) Document Description Affidavit of Affiant) 6. Supporting Documentation* copies of documentation of assets with current values may be submitted as 1 document but must be a separate document from the application: Bank Accounts: Bank name; account numbers (do not need to know what type of account); current balance Stocks and bonds Stock certificate numbers; number of shares, names of companies, classes of stock, and current fair market value; indicate whether shares are listed on a securities exchange, sold over the counter or closely held. Brokerage Accounts must list account number, list stocks and bonds contained in account, or attach brokerage statement detailing investments. Vehicles - vehicle description listing year, name of manufacturer, model, and vehicle identification number and current value; Insurance policies - insurance company name and policy number, face/cash value; Safe Deposit Boxes - safe deposit box number, bank name and inventory of assets; 1

31 Jewelry or coins appraisal Real Estate - full legal description as it appears on the deed including book and page numbers, and street addressees of real estate and a current appraisal and/or county tax assessment and mortgage information if any. *(Document Category Settlement/Statement/Report Verification of Assets) 7. Intestate small estates (without will): Only list the heirs-at-law 8. Testate small estates (with will): Only list legatees that are to receive specific items listed on affidavit. 9. Bond: Intestate - Small Estate corporate surety bond in the amount of the value of personal property. (Document Category Filing Other/Miscellaneous Surety Bond) Small Estate Bond requires Acknowledgment of Principal; Acknowledgment of Surety; and Power of Attorney for Attorney in Fact to be attached. Testate Bond not required if the affiant is the personal representative named in the will and the will allows the personal representative to serve without bond. If not, then same bond requirements as an intestate small estate. Bond waived a Motion to Waive Bond *may be filed: *(Document Category Motion to/for) If the affidavit is on file and 1 year expires The affidavit is filed after the expiration of 1 year. Consents from all adult competent beneficiaries are attached. (Document Category Consent by/for/to) Missouri HealthNet Waiver is filed. (Document Category Filing Other/Miscellaneous) If assets total less than $2, Any exceptions will be decided by Commissioner Weis on a case by case basis. 10. Signature of the affiant must be acknowledged by a notary public. 11. Publication: Required when value of assets are more than $15, Designate your choice of newspaper on Affidavit for Collection of Small Estate form. Wavier of publication assets are over $15, and over 1 year from date of death. Motion to Waive Publication *signed by affiant and/or attorney. *(Document Category Motion to/for Motion (Other) Missouri HealthNet Waiver is filed. (Document Category Filing Other/Miscellaneous) 12. Filing fee: No Publication: Without Will - $67.00 which includes 1 certified copy of small estate. With Will - $ which includes 1 certified copy of small estate. 2

32 With publication: Without Will: St. Louis Countian/Missouri Lawyers Media - $ St. Louis County Legal Ledger - $ St. Louis Post Dispatch - $ With Will: St. Louis Countian/Missouri Lawyers Media - $ St. Louis County Legal Ledger - $ St. Louis Post Dispatch - $ Additional certified copies are $6.50 each. 3

33 Case Category Probate Decedent Estates Case Type Refusal of Letters Spouse Checklist of Requirements to File an Application for Refusal of Letters - Spouse NOTE: Unless specifically stated, all documents to be filed with the court (designated in bold italics) shall be submitted as a separate document not an attachment. 1. Party Information for all parties entered with full social security numbers, birth dates, and date of death. 2. Copy of Death Certificate. (Document Category Certificate of) 3. Application for Refusal of Letters for Spouse. (Document Category Application for Letters) 4. Minor children: Must state whether they are all also the children of the surviving spouse. If there is a non-mutual child, Spouse s Refusal cannot be done without the consent of the non-mutual minor(s) parent or legal guardian(s). Please consult with the Issue Department before proceeding. 5. Supporting Documentation* copies of documentation of assets with current values may be submitted as 1 document but must be a separate document from the application : Bank Accounts: Bank name; account numbers (do not need to know what type of account); current balance Stocks and bonds Stock certificate numbers; number of shares, names of companies, classes of stock, and current fair market value; indicate whether shares are listed on a securities exchange, sold over the counter or closely held. Brokerage Accounts must list account number, list stocks and bonds contained in account, or attach brokerage statement detailing investments. Vehicles - vehicle description listing year, name of manufacturer, model, and vehicle identification number and current value; Insurance policies - insurance company name and policy number, face/cash value; Safe Deposit Boxes - safe deposit box number, bank name and inventory of assets; Jewelry or coins appraisal Real Estate - full legal description as it appears on the deed including book and page numbers, and street addressees of real estate and a current appraisal and/or county tax assessment and mortgage information if any. *(Document Category Settlement/Statement/Report Verification of Assets) 6. Filing fee of $67.00 which includes 1 certified copy of order. Additional certified copies of order are $3.50 each.