Probate

The 29th Judicial Circuit Probate Division has statutory authority over the estates of deceased persons and incapacitated or disabled adults and minors, which may include a Guardianship or Conservatorship.  The Probate Division also adjudicates cases involving wills and trusts, the estates of deceased persons who did not have a will, and cases involving a civil commitment to treatment facilities of persons who are mentally ill or who have substance abuse problems. Court Clerks are prohibited from giving legal advice pursuant to 484.020 RSMo.  

Court Clerks may provide limited assistance in filling out forms necessary for obtaining an order of refusal of letters pursuant to 473.091 RSMo.

Forms

Not all forms used by the Court will be made available through this website. Most Probate estates require representation by an attorney licensed to practice in Missouri. Your attorney will have the proper forms to file on your behalf.

Records

All Probate files are public record, unless otherwise determined by the courts to be confidential. Confidential records include Mental Health and Alcohol & Drug related cases. To receive copies of documents from a confidential mental health case, you must provide proof that you are the respondent or the attorney of record.

Case.net

Case.net is your access to the Missouri State Courts Automated Case Management System. You are able to search for records by name or by case number to review case records including party information and docket entries. Only cases that have been deemed public under the Missouri Revised Statutes can be accessed through Case.net. Please Note: Information available on Case.net will not represent complete court records and may not be available for filings prior to June, 2000.

Copies

Copies from files may be obtained at the Probate office at a cost of $1.00 per page (plus $1.50 extra to certify documents). Once you find the case number on Case.net, you may contact our office to request the copies you need.

Record Availability

Probate records in Jasper County are available from 1844 through the present. If you are searching for records prior to June, 2000, we will be happy to look through our index files to see if an estate was filed and to let you know what information is available. It is helpful if you will provide your e-mail address so we may properly research our records and respond to your request in a timely manner.

Frequently Asked Questions

What if there is no will?

If a person dies without leaving a will, yet there are assets titled in their name alone, the Court will appoint a Personal Representative and assets are distributed equally among the heirs.

If I have a will that says I am the executor, can I do as the will says without probate?

Many people think that if they are named as the executor in their loved ones will, they can distribute all of the assets without going through probate. However, the will is just a list until it is admitted into the Probate Court. Only the Court can appoint an administrator. The Last Will and Testament exists to give the Court guidance on the decedent’s wishes.

If a person dies leaving a Last Will and Testament, the will must be admitted to probate, letters are issued, and a personal representative is appointed to administer the assets of the estate of the deceased person. The personal representative is responsible for inventorying these assets, paying estate expenses, and distributing the remaining assets at the end of the administration as the will provides. A notice is published to state an estate has been opened and to notify any creditors to file claims. After six months, a final accounting showing what assets remain to be distributed to the heirs is required and time is allowed for any objections to be filed.

Do I have to file the will in probate even if there are no assets to transfer?

The Missouri Statutes require that a Last Will and Testament must be filed with the Probate Division. There is no filing fee required to file a will. However, the will is not a valid document unless it is admitted to probate within one year from the date of death. If assets are found after that year has expired, they may not be distributed as directed by the will. Instead they will be distributed pursuant to the Table of Consanguinity.

What if the value of the assets is minimal?

If estate assets are valued at less than $40,000.00, a small estate may be all that is needed. This is a short form of probate normally open from approximately one to forty days.  

Is probate short for probation?

No. Probation is usually associated solely with criminal cases.

What forms of payments are acceptable to the Courts?

We accept personal checks, money orders, and cashier checks. These should be made payable to: Jasper County Probate Division. We also accept cash, however, please do not send cash through the mail. We do not accept debit/credit cards.

Is the Public Administrator’s Office located in the Probate Office?

No. The Public Administrator is appointed on many of our probate estates when family members are unable or unwilling to serve as a guardian/conservator or personal representative. The Public Administrator is an elected official of Jasper County and has a staff located in a separate county office.

How do I obtain copies from case files and what is the cost?

Copies may be obtained by coming in to the Probate office in person or you may also submit a written request to:

Jasper County Probate Division
302 S. Main, Courthouse Room 206
Carthage, MO 64836