Probate Manual - 16th Circuit Court Of Jackson County, Missouri

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PROBATE PROCEDURES MANUALPROBATE DIVISIONOF THECIRCUIT COURTOFJACKSON COUNTY, MISSOURI

PREFACEThe Probate Procedures Manual was developed by a committee of lawyers, trust officers,paralegals and the Probate Division legal staff. Members of the committee were: Dan C. D.Sturdevant, Edward A. Setzler, Buford L. Farrington, Kathleen A. Forsyth, Robert B.Langworthy, B. John Readey III, Shirley M. Smith, Jacquelin S. Wrede, Kathryn F. Pietarila,Clerk and Counsel Margaret L. Sauer, Commissioner Valarie S. Zeeck and Judge John A.Borron, Jr.In the middle 1970's, the Probate Court published a set of local rules. These rulesbecame obsolete as a result of The Court Reform and Revision Act of 1979 and the subsequentrevisions of the Probate Code and the Guardianship Code. Since 1979, there has been a steadymovement to expand the jurisdiction of the probate division. Many innovations have recentlybeen introduced into the general area of probate and trust law, most notably in 1989, withcomprehensive revisions of the Transfers to Minors Law, Personal Custodian Law, DurablePower of Attorney Law and the adoption of a Non Probate Transfers Law. The Manual is aresponse to numerous requests from the Probate Bar for procedural guidelines for practice in theProbate Division.The Manual was designed and is intended to provide practical information and practicetips for practice in the Probate Division. It is intended as a compliment to and not a substitute forother publications dealing with Missouri probate and trust law. The Manual does not attempt tocodify substantive law and should not be relied upon in that connection.As and when it becomes necessary to revise sections of the Manual, a notice to that effectwill be published in the Daily Record and posted in the Probate Division offices in Kansas Cityand Independence. Revisions may be obtained from the Probate Division offices by applying, inperson, therefor. In the interim, notice of critical developments in probate law will be posted inthe Probate Division offices.John A. Borron, Jr.JudgeJanuary 1, 1990

NUMERICAL INDEX OF PROBATE FORMSForm 10001Petition of Interested Party for Order to Require Administration (IntestateEstate) (Sec. 473.020, RSMo)Form 10020Designation of Resident Agent (Sec. 473.117, RSMo)Form 10020aAcceptance of Appointment as Resident AgentForm 10021Consent for Independent Administration (Sec. 473.780, RSMo)Form 10030Application for Letters of Administration (Sec. 473.017 RSMo)Form 10032Bond of Personal Representative with Corporate Surety (Sec. 473.157,RSMo)Form 10050Statement as to Death and Presentment of Instrument in Writing forProbateForm 10051Statement as to Filing of Instrument in WritingForm 10070Application for Letters Testamentary /Application for Letters ofAdministration with Will Annexed (Sec. 473.017, RSMo)Form 10113Petition to Deposit Securities in Restricted Custody (Sec. 473.160, RSMo)Form 10114Order to Deposit Securities in Restricted CustodyForm 10119Bond of Conservator with Corporate SuretyForm 10140Claim Against Estate (Sec. 473.360 and 475.205 RSMo)Form 10141Judgment on Secured Claim (Secs. 473.287, 473.290, RSMo)Form 10143Stipulation of Settlement of Claim Against EstateForm 10160Application for Allowance of Compensation to Personal Representative(Sec. 473.153)Form 10161Order Allowing Compensation (Secs. 473.153 and 475.265, RSMo)Form 10162Application for Allowance of Attorney's Compensation (Sec. 473.153,RSMo)

Form 10163Order Allowing Compensation to Attorney (Secs. 473.153 and 475.265,RSMo)Form 10179Note to Petitioners and AttorneysForm 10185Petition to Admit Ward to Facility (Sec. 475.121, RSMo)Form 10186xOrder Admitting Ward to Facility (Sec. 475.121, RSMo)Form 10186axOrder Admitting Ward to Facility (Sec. 475.121, RSMo)Form 10188Petition for Temporary Detention (Sec. 475.355, RSMo)Form 10190Suggestion of Death of Protectee and Petition that No Letters ofAdministration be Granted and to Close the EstateForm 10190aExhibit AForm 10191Order to Proceed in Conservatorship Estate without AdministrationForm 10192Petition for Appointment of Successor Fiduciary (Sec. 475.115, RSMo)Form 10193Petition for Appointment of Guardian and Conservator (Secs. 475.060 and475.061, RSMo)Form 10193aExhibit AForm 10193bExhibit BForm 10193dExhibit D: Designation of Resident Agent; Acceptance ofAppointment as Resident AgentForm 10193eExhibit E: List of WitnessesForm 10193fNomination of Guardian/Conservator (Sec. 475.050, RSMo)Form 10194Form 10194aExhibit C: Consent to AppointmentInformation for Guardians and ConservatorsForm 10195Petition for Appointment of Conservator (Sec. 475.050, RSMo)Form 10197Notice of Filing of Final Settlement and Petition for Distribution (Sec.475.320, RSMo)

Form 10197aForm 10198Form 10198aProof of Mailing of Copy of Notice of Filing of Final Settlementand Petition for Distribution (Sec. 475.320, RSMo)Annual Report of Guardian (Sec. 475.082, RSMo)Notice to Guardians Appointed Prior to September 28, l983Form 10199Annual Report of Guardian - Conservator (Sec. 475.082, RSMo)Form 10210Petition for Restoration (Sec. 475.083.4, RSMo)Form 10212Petition for Approval of Settlement and Order for No Further ProcessForm 10213Order Approving Settlement and Order of No Further ProcessForm 10214Final Settlement Approved Finding and Decree of Heirship andDistributionForm 10222Petition to Increase Authority of Fiduciary (Sec. 475.083.7, RSMo)Form 10223Petition to Decrease Authority of Fiduciary (Sec. 475.083.4, RSMo)Form 10227Petition for Approval of Settlement and for No Further ProcessForm 10228Order of No Further ProcessForm 10260Inventory of PropertyForm 10264Application and Order to Extend Time for Filing Inventory (Secs. 473.233- 475.145)Form 10268Order Terminating Administration on Return of Inventory andAppraisement (Sec. 473.093, RSMo)Form 10319Note to Petitioners and AttorneysForm 10320Petition for Appointment of Guardian and ConservatorForm 10320aInformation re Proposed Ward/ProtecteeForm 10320bAffidavitForm 10323Consent to Appointment of FiduciaryForm 10324Petition to Dispense with Conservatorship (Sec. 473.330, RSMo)

Form 10325Order to Dispense with Conservatorship (Sec. 475.330, RSMo)Form 10330Waiver of Notice of SettlementForm 10331Order Approving Final Settlement and for DistributionForm 10332Receipt of Protectee (Sec. 475.315, RSMo)Form 10333Order of DischargeForm 10334Petition for Approval of Settlement and for No Further ProcessForm 10335Order Approving Settlement and of No Further ProcessForm 10335aOrder of No Further process (Sec. 208.180, RSMo)Form 10337Petition to Dispense with ConservatorshipForm 10338Order Dispensing with ConservatorshipForm 10339Petition for Approval of Final Settlement and for Order to Deliver AssetsForm 10340Decree to Deliver Assets (Sec. 475.330)Form 10361Request for Correct AddressForm 10362Notice to Unknown Heirs (Sec. 473.040)Form 10368Waiver of Notice (Sec. 472.130, RSMo)Form 10369Request of Interested Person for Notice by Mail (Sec. 473.030, RSMo)Form 10370Request to Clerk for Service of Notice by Publication or Mail (Sec.472.100.7, RSMo)Form 10371Request of Judgment Creditor for Notice by MailForm 10407Request for Final Court Costs Estimate (obtain from cost clerk)Form 10444Correction SlipForm 10449Request for CopiesForm 10451Request for CommissionForm 10460Petition for Sale of Personal Property (Secs. 473.487, 475.200, RSMo)

Form 10461Order to Sell Personal Property (Secs. 473.460, 473.487, 475.200, RSMo)Form 10470Petition for an Order to Sell Real Property (Sec. 473.460, 473.463,473.493, RSMo)Form 10472Order for Hearing on Petition to Sell Real Property (Sec. 473.493, RSMo)Form 10474Notice of Hearing on Sale of Real Property (Sec. 473.493, RSMo)Form 10475Order to Sell Real Property (Secs. 473.493, 473.500, RSMo)Form 10476Notice of Public Sale of Real Property (Sec. 473.493)Form 10477Report of Private Sale of Real Property (Secs. 473.513, 475.240, RSMo)Form 10482Order Approving and Confirming Sale of Real Property (Sec. 473.513,RSMo)Form 10500Application of Creditor for Refusal of Letters (Sec. 473.090); Appendix AForm 10501Creditor's Bond (Sec. 473.090, RSMo)Form 10505Application to Amend Order Refusing Letters (Sec. 473.090, RSMo)Form 10517Application of Spouse for Refusal of Letters (Sec. 473.090, RSMo);Appendix AForm 10530Petition to Invest Funds in Restricted AccountForm 10531Order to Invest Funds in Restricted AccountForm 10532Verification of Restricted AssetsForm 10533Verification of Restricted Deposit of SecuritiesForm 10534Verification of Unrestricted AssetsForm 10535Verification of Conservator's Possession of SecuritiesForm 10553Application and Order to Extend Time for Filing SettlementForm 10558Notice of Filing of Final Settlement and Petition for Distribution (Sec.473.587, RSMo); Proof of Mailing of Copy of Notice of Filing of FinalSettlement and Petition for Distribution (Sec. 473.587, RSMo)

Form 10559Annual/Final Settlement (pages 1 and 2)Form 10572Application and Order to Extend Time for Filing Final ReceiptsForm 10573Petition for Approval of Final Settlement and Order of Distribution (Sec.473.583, RSMo)Form 10574Order Approving Final Settlement of Deceased Representative (Sec.473.603)Form 10575Receipt of Distributee (Sec. 473.660, RSMo)Form 10581Final Settlement Approved: Finding and Decree of Distribution (TestateEstate, Personal Property Only) (Secs. 473.583 and 473.517, RSMo)Form 10582Final Settlement Approved: Finding and Decree of Succession; Order ofDischarge (Testate Estate, Real Property Only) (Secs. 473.583 and473.617, RSMo)Form 10583Final Settlement Approved; Finding and Decree of Succession andDistribution (Testate Estate, Real and Personal Property) (Secs. 473.583and 473.617, RSMo)Form 10584Final Settlement Approved; Finding and Decree of Heirship andDistribution (Intestate Estate, Personal property Only) (Secs. 473.583 and473.617, RSMo); Appendix AForm 10585Final Settlement Approved; Finding and Decree of Heirship andSuccession, and Discharge (Intestate Estate, Real Property Only) (Secs.473.583 and 473.617, RSMo)Form 10586Final Settlement Approved; Finding and Decree of Heirship, Successionand Distribution (Intestate Estate, Real Property Only) (Secs. 473.583 and473.617, RSMo)Form 10593Final Settlement Approved - Order of DistributionForm 10594Order Discharging Fiduciary (Sec. 473.660, RSMo)Form 10602Notice to File Annual Conservator's Report (No Further Process)Form 10605Notice of Filing of Statement of Account and Schedule of ProposedDistribution/Proof of Mailing of Copy of Notice of Filing of Statement ofAccount and Schedule of Proposed Disposition (Sec. 473.840)

Form 10606aStatement of Account (Sec. 473.840)Form 10606bSchedule of Proposed DistributionForm 10607Petition for Order of Complete Settlement of Estate (Sec. 473.837)Form 10608Notice of Filing of Petition for Complete Settlement of the Estate andProposed Order of Distribution (Sec. 473.837) Proof of Mailing of Copyof Notice of Filing of Petition for Complete Settlement of the Estate andProposed Order of Distribution (Sec. 473.837)Form 10620Affidavit to Establish Title of Distributee to Property in Estate of Lessthan 15,000.00; Appendix A; Appendix BForm 10621Bond of Distributees with Corporate Surety (Sec. 473.097, RSMo)Form 10640Application of Surviving Spouse for Exempt Property Allowance (Sec.474.250, RSMo)Form 10641Order for Exempt Property Allowance to Surviving Spouse (Sec. 474.250,RSMo)Form 10642Application of Surviving Spouse for Family Allowance (Sec. 474.260,RSMo)Form 10643Order for Family Allowance to Surviving Spouse (Sec. 474.260, RSMo)Form 10644Application of Surviving Spouse for Homestead Allowance (Sec.474.290), RSMo)Form 10645Order for Homestead Allowance for Surviving Spouse (Sec. 474.290,RSMo)

TABLE OF CONTENTSSection 1 - References and Definitions1.10References1.20DefinitionsSection 2 - Court Administration2.10Hours2.20Conferences with Judge, Commissioner or Deputy Commissioner2.30Telephone Conferences2.40Telephone Numbers2.50Docket Clerk/Audio Reporter2.60Inquiries - File StatusSection 3 - Attorneys3.10Attorney of Record3.20Pleadings3.30Change of Address3.40Withdrawal of Attorney3.50Local CounselSection 4 - Court Docket4.10Kansas City4.20Independence4.30 TrialsSection 5 - Court Costs - Determination and Payment5.10In General

5.10.1Cost Deposits5.10.1(a)Decedents' Estates5.10.1(b)Guardianships and Conservatorships5.10.1(c)Miscellaneous Matters5.10.2Copies5.10.3When Copies Charged to Estate5.10.4Estates Opened Solely for Litigation5.20Citations/Show Cause Orders5.30Costs Billed, When5.40How to Request an Estimate of Final Costs5.40.1Completion of Form and to Whom Submitted5.40.2Type of Closing5.40.3Copies Necessary at ClosingSection 6 - Form, Contents, Execution and Filing of Pleadings and OtherDocuments6.10Form, Contents, Execution6.10.1Form6.10.2Approved Forms6.10.3Contents6.10.4Execution6.20Proof of Filing and Copies6.30Messenger Pick-Up Box6.40Venue6.50Filing Pleadings

6.60Routing Files Between Kansas City and IndependenceSection 7 - Adversary Proceedings7.10Jurisdiction of Probate Division7.20Concurrent Jurisdiction of Probate Division7.30Authority to Assign Cases to Probate Division7.40Adversary Probate Proceedings - Rules of Procedure7.50Adversary Civil Proceedings - Rules of Procedure7.60Special Statutory Proceedings - Rules of Procedure7.70Rules of the Circuit Court of Jackson County7.80Nature of Process to be Employed7.90Demand for Jury Trial7.100 Hearings - As Required - When7.110 Notice of Hearing Requested - How7.120 Personal or Mail Service by Summons - Requirements7.130 Pre-Trial Conferences7.140 Motions7.150 Appeals7.160 Recording of HearingsSection 8 - Refusals, Small Estates and Other Short Form Proceedings8.10Refusal of Letters to Spouse and Minor Children8.10.1Filing8.10.2Circumstances Under Which Issued8.10.3Application

8.10.4Real Property8.10.5Multiple Applications8.10.6Amended Applications8.20Application for Refusal of Letters to Creditors8.30Collection of Small Estates on Affidavit8.408.508.30.1Value of Estate - When Filed8.30.2Bond8.30.3Presentation of WillDetermination of Heirship8.40.1Within a Decedent's Estate8.40.2Where No Administration Commenced WithinOne YearTermination of Administration on Return of InventorySection 9 - Wills9.109.20Delivery to Court and Admitting Wills to Probate9.10.1Will Filed9.10.2Will PresentedProof of Instrument9.20.1Self-Proving Instruments9.20.2When Will is Not Self-Proving9.20.3Witness Deceased, Incapacitated orWhereabouts Unknown9.20.4Commissions9.20.5Lost Will, Alleged Revocation

9.30Foreign Wills9.40Disposition of Personal Property by List9.40.1Filing9.40.2Limitations on Disposition by List9.40.3Application for Letters9.50Pour-Over Wills, Copy of Trust Agreement9.60Will Construction9.70Will Contests9.70.1Where Filed9.70.2Designation9.70.3Effect of Filing9.70.4Authority of Fiduciary9.70.4(a)Personal Representative's Authority9.70.4(b)Administrator Pendente Lite's AuthoritySection 10 - Applications for Letters - Supervised Administration10.10 Applications, Where Filed10.20 Form and Contents10.20.1Court Form, Relationship to Decedent10.20.2Letters Testamentary10.20.3Letters of Administration10.20.4Current Addresses10.30 Hearing on Applications for Letters10.30.1Intestate Estates

10.30.2Testate Estates10.30.3Notice10.40 Administrator Ad Litem10.50 Filing Bond10.60 Publication of Notice of Letters GrantedSection 11 - Application for Letters - Independent Administration11.10 Applications, Where Filed11.20 Form and Contents11.30 Hearing on Applications for Letters11.40 Administrator Ad Litem11.50 Filing Bond11.60 Publication of Notice of Letters GrantedSection 12 - Bonds in Decedents' Estates - Supervised Administration12.10 Bond, When Filed12.10.1When Required12.10.2Type of Bond12.20 Bond Form, Requirements12.30 Uniformity of Sureties12.40 Amount of Bond12.50 Minimum Bond12.60 Waiver of Bond12.70 Increase of Bond12.80 Citation - Failure to File Additional Bond

12.90 Reduction of Bond12.100 Effect of Restricted Deposits on Bonds12.100.1 Verification of Restriction Required12.100.2Amount of Bond12.100.3Release of Restricted Property12.100.4Method for Distribution of Assets WithoutIncreasing Bond12.100.5Distribution of Bearer Securities or StocksSection 13 - Bonds in Decedent's Estates - Independent Administration[No Text]Section 14 - Inventory - Supervised Administration14.10 Time for Filing14.20 Citation - Failure to File Inventory14.30 Contents14.40 Jointly Held Property14.50 Description of Property14.50.1Real Property14.50.2Furniture, Household Goods & Wearing Apparel14.50.3Corporation Stocks14.50.4Mortgages, Deeds of Trust, Bonds, Notes and OtherWritten Evidence of Debt14.50.5Bank Accounts, Money, Insurance Policies Payableto the Personal Representative, Administratoror Estate and Life Insurance Policies Ownedby the Decedent on the Life of AnotherPerson14.50.6Contracts for Deed Relating to Sale ofDecedent's Property

14.50.7Contracts for Deed Relating to Purchase byDecedent14.50.8Real Property, Unperformed, EnforceableContract14.50.9Oil and Gas Leases, Royalty and MineralInterests14.50.10All Other Personal Property14.50.11Property Possessed by Decedent, But Owned orClaimed to be Owned by Another14.60 Supplemental Inventory14.70 Amended Inventory14.80 Orders Pending Inventory14.90 Lawsuits14.90.1Lawsuits Filed by Decedent Prior to Death14.90.2Lawsuits Against DecedentSection 15 - Inventory - Independent AdministrationSection 16 - Exempt Property, Family Allowance and Homestead Allowance - SupervisedAdministration16.10 Exempt Property16.20 Family Allowance16.20.1In General16.20.2Application, How Made and By Whom16.20.3Evidence of Standard of Living16.20.4Apportionment Between Spouse and UnmarriedMinor Children, Ad Litem16.20.5Insolvent Estate

16.30 Homestead Allowance16.30.1In General16.30.2Application, How made and By Whom16.30.3Minor Child, Ad Litem or Conservator16.30.4Insolvent Estates16.40 Allocation of Assets When Multiple Allowances are Involved16.40.1Calculation of Homestead Allowance and Affecton Distributive Share16.40.2Example One16.40.3Example TwoSection 17 - Exempt Property, Family Allowance and Homestead Allowance Independent AdministrationSection 18 - Compensation - Supervised Administration18.10 In ct of Citation, Show Cause or Exception Letter18.10.4Co-Personal Representatives18.10.5Hourly Compensation18.10.6Statutory Compensation18.10.7How Reflected on Settlement18.10.8Payment for Specialized Services in Addition toStatutory Fee18.10.9Expenses of Attorney, Corporate PersonalRepresentative

18.10.10Attorney as Personal Representative18.20 Determination of Corporate Personal Representatives' Fees in Excess of StatutoryFee18.30 Co-Personal Representatives' Statutory Fees18.40 Hourly Compensation of Lay Personal Representatives18.50 Computation of Statutory Fee18.50.1In General18.50.2Advancements to Estates18.50.3Proceeds of Sale18.60 Allowance, Partial Fee, Decedents' EstatesSection 19 - Compensation - Independent Administration19.10 Statutory Compensation19.20 Compensation in Excess of the Statutory Fee19.20.1Court Order or Consents19.20.2Procedure for Obtaining Order19.30 Partial Fees19.40 Other Applicable SectionsSection 20 - Real and Personal Property - Supervised Administration20.10 Real Property20.10.1Taking Charge20.10.1(a)Pursuant to Order20.10.1(b)Pursuant to Terms of Will20.10.2Discovery of Assets20.10.3Grounds for or Consents to Sale

20.10.3(a)Consents to Sale20.10.3(b)Sale by Heirs or Devisees20.10.4Procedure for Private Sale20.10.4(a)Hearing20.10.4(b)Consents to Sale20.10.4(c)Report of Sale and Order Approving20.10.4(d)By Public Auction20.10.5Authority in Will to Sell Real Property20.10.6Purchase Price - Private Sale20.10.7Terms of Private Sale20.10.8Suggested Practice Aids20.10.9Reporting Real Property Sales on Settlement20.10.9(a)Time for Reporting20.10.9(b)Disbursement of Proceeds by PersonalRepresentative or His Attorney20.10.9(c)Disbursement of Proceeds by Title Companyor Real Estate Broker20.10.10Abandonment of Real Property20.10.11Foreclosure20.20 Personal Property20.20.1Values of Property20.20.2Possession20.20.3Discovery of Assets20.20.4Sales

20.20.5Abandonment of Personal Property20.20.6Secured Property20.20.7Expense Associated with Delivery of SpecificallyDevised Property20.20.8Continuation of Decedent's Business20.20.8(a)In General20.20.8(b)Financial Information Required20.20.8(c)Use of Estate Assets20.20.8(d)Confidential Financial Information20.20.8(e)Solvency of Estate20.20.8(f)Testamentary Authority20.20.8(g)Contents Show Cause Order20.20.8(h)Bond of Personal Representative20.20.8(i)Segregation of Business Assets20.20.8(j)Limitations on Operations20.20.8(k)Confirmation OrderSection 21 - Real and Personal Property - Independent Administration21.10 Real Property21.10.1Taking Charge21.10.1(a)Duty of Personal Representative21.10.1(b)Management, Protection, Preservation21.10.1(c)Specific Devise21.10.2Sale of Real Property21.10.2(a)Sale by Personal Representative

21.10.2(b)21.10.3Sale by Heirs or DeviseesOther Applicable Sections21.20 Personal Property21.20.1Values of Property21.20.2Possession21.20.3Management, Protection, Preservation21.20.4Discovery of Assets21.20.5Sales21.20.6Abandonment21.20.7Secured Property21.20.8Expense Associated With Delivery of SpecificallyDevised Property21.20.9Continuation of Decedent's BusinessSection 22 - Settlement - Supervised Administration22.10 In General22.20 Extensions22.30 Failure to File Settlement22.30.1Citation22.30.2Continuance by Court on Its Own Motion22.40 Settlement – Contents22.40.1Income - Disbursement, Additional Property22.40.2Disbursement Supported by Court Order22.40.3Estates Open More Than Two Years

22.40.4Debits - Credits22.50 Closing Costs of a Real Property Sale22.60 Foreclosure, Abandonment or Surrender of Estate Property22.60.1Real Property22.60.2Personal Property22.70 Original Vouchers (Receipts)22.80 Corrections - Auditor's Exception Letter – Extensions22.80.1In General22.80.2Exception Letter - Errors in Settlement22.80.3Show Cause Orders22.80.4Effect of Exception Letter on Fees22.80.5Rescission of Exceptions22.90Additional Bond22.100Orders Ratifying Expenditures22.110Funds Advanced from Source Outside the Estate22.110.1To Prevent Sale of Assets or Where Estate is Not Liquid22.110.2To Pay Debts of Decedent Prior to Opening of Estate22.120Sale or Redemption of Personal Property22.130Verification of Restricted Accounts22.140Will Contest22.150Waiver of Legal Requirements22.160Beginning and Ending Balances22.170Debit-Credit Entries

22.170.1Chronological Order22.170.2Debits Segregated from Credits22.170.3 Rental Income22.170.4Payment of Costs22.180Final Settlement22.190Settlement on Death, Resignation or Removal of PersonalRepresentative22.200Liability of Successor Personal Representative22.210Settlement, Exhausted Estate22.220Costs - Final Settlement22.230Proof of Payment of Expenses of Administration22.240Final Compensation of Personal Representative and Attorney22.250Objections to Settlement22.260Checklist of Requirements to Be Satisfied Prior to Filing FinalSettlementSection 23 - Settlement or Statement of Account - Independent Administration23.10 In General23.20 Settlement - Judicial Closing - Section 473.837, RSMo23.20.1Preparation and Notice23.20.2Audit - Exceptions23.30 Statement of Account - Non-Judicial Closing - Section 473.840, RSMo23.30.1Preparation23.30.2Notice23.30.3Audit - Exceptions

23.40 Other Applicable SectionsSection 24 - Distribution and Discharge - Supervised Administration24.10 Partial Distribution to Beneficiaries24.10.1When Allowed: Bond Required, When24.10.2Unequal Distributions24.10.3Real Property24.20 Payment of Tax on Specific or General Devises24.30 Final Distribution24.30.1Order24.30.2To Whom Distributed24.30.3Description of Property24.30.4Equal Distribution Required24.30.5Rents or Income on Specifically Devised Property24.30.6Sale of Personal Property to Effect Distribution24.30.7Balance as Shown on Distribution24.30.8Real Property Sold by Heirs or Devisees WithoutCourt Order24.30.9Minor Distributees24.30.10Nonresident Corporate Fiduciaries – Reciprocity24.30.11IRS Closing Letter - Marital/Non Marital Trusts24.30.12Marital/Non-Marital Distribution24.30.13Assignment24.30.14 Renunciation or Disclaimer24.30.15Escheats - Missing Heirs

24.30.16Abatement24.40 Judgment Creditors24.50 Discharge24.50.1Time for Filing Receipts24.50.2Receipts Must Conform With Order24.50.3Acceptable Receipts24.50.4Citation for Failure to File24.50.5Effect of DischargeSection 25 - Distribution and Discharge - Independent Administration25.10 Partial Distribution to Beneficiaries25.10.1Order Not Required25.10.2Procedure25.10.2(a)Title to an Automobile25.10.2(b)Stocks or Bonds25.20 Final Distribution - Judicial Closing - Section 473.837, RSMo25.30 Schedule of Distribution - Non-Judicial Closing - Section 473.840,RSMo25.40 Discharge25.40.1Judicial Closing - Section 473.837, RSMo25.40.2Non-Judicial Closing - Section 473.840, RSMo25.50 Other Applicable SectionsSection 26 - Forms - Closing Supervised Estates26.10 Decedents' Estates with Assets26.20 All Exhausted Estates

26.30 Personal Representative Resigned/Removed - Successor Appointed26.40 Personal Representative - Deceased26.50 Subsequently Discovered Assets (after Estate Closed)Section 27 - Forms - Closing Independently Administered Estates27.10 Judicial Closing - Section 473.837, RSMo27.20 Non-Judicial Closing - Section 473.840, RSMo27.30 Personal Representative Resigned/Removed - Successor AppointedSection 28 - Claims - Decedents' Estates - Supervised and Independent Administration28.10 In General28.20 Time for Filing28.30 Debts Due United States and Other Taxing Authorities28.40 Lawsuits Pending at or Commenced After Decedent's Death28.50 Judgments as Claims28.60 Form of Pleading and Hearing28.60.1Sufficiency of Pleading28.60.2Procedure28.70 Secured Claims28.80 Classification28.90 Claims for Funeral Expenses and Tombstones28.90.1Funeral Expenses28.90.2Tombstones28.100 Allowance by Court28.110 Payment of Claims

28.120 Compromise of a Claim28.130 Insolvent Estates28.140 Personal Representative as Claimant28.150 Disposition of Claims28.160 Other Applicable SectionsSection 29 - Guardianship and Conservatorship Proceedings29.10 In General29.20 Nature of Proceeding29.20.1Adults29.20.2Minors29.30 Who May File - Who May Serve29.30.1In General29.30.2Adults29.30.3Minors29.30.4The Jackson County Public Administrator29.40 Petition – Contents29.40.1In General29.40.2Adults29.40.3Minors29.40.4Successor Guardian/Conservator29.50 Personal Service and Notice of Hearing29.50.1Adults29.50.2Minors

29.60 Temporary Emergency Detention Procedures29.70 Prehearing Procedures29.70.1Adults29.70.1(a)Appointment of Attorney for Respondent29.70.1(b)Appointment of Examining Physician29.70.1(c)Jury Trial Request or Waiver29.70.2Minors29.80 Hearing29.80.1In General29.80.2Expert Medical Evidence29.80.3Adults – Evidence29.80.4Minors - Evidence29.90 Guardian or Conservator Ad Litem – Emergencies29.10029.11029.90.1Adults - Prior to Adjudication29.90.2Adults or Minors - Where ExistingGuardian/ConservatorIssuance of Letters Granted29.100.1Adults29.100.2MinorsAnnual Report of Guardian29.110.1In General29.110.2Citation29.110.3Contents

29.12029.13029.110.4Corrections - Exception Letter – Extension29.110.5Show Cause OrderDeath of Protectee - Distribution Without Administration29.120.1In General29.120.2Suggestion of Death - Form and Contents29.120.3Order to Proceed29.120.4Publication of Notice, Bond29.120.5Final Settlement29.120.6Distribution and DischargeRestorationSection 30 - Bonds - Conservatorship Estates30.10 Bond, When Required30.20 Type of Bond30.30 Bond Form, Requirements30.30.1Condition of Bond and Signatures30.30.2Uniformity of Sureties30.40 Amount of Bond30.40.1In General30.40.2Trust Assets30.40.3Minimum Bond30.50 Increase of Bond30.60 Citation - Failure to File Additional Bond30.70 Reduction of Bond

30.80 Effect of Restricted Assets on Bonds30.80.1Verification of Restriction Required30.80.2Amount of Bond30.80.3Release of Restricted PropertySection 31 - Inventory - Conservatorship Estates31.10 Time for Filing31.20 Citation - Failure to File Inventory31.30 Contents31.40 Multiple Party Accounts - Jointly Held Property31.50 Description of Property31.50.1Real Property31.50.2Furniture, Household Goods & Wearing Apparel31.50.3Corporation Stocks31.50.4Mortgages, Deeds of Trust, Bonds, Notes and OtherWritten Evidence of Debt31.50.5Bank Accounts, Money, Burial Plans and Insurance Policies31.50.6Contracts for Deed Relating to Sale of Protectee'sProperty31.50.7Contracts for Deed Relating to Purchase by Protectee31.50.8Real Property, Unperformed, Enforceable Contract31.50.9Oil and Gas Leases, Royalty and Mineral Interests31.50.10Trust Assets of Which Protectee Is Beneficiary31.50.11Periodic Income31.50.12All Other Personal Property

31.50.13Property Possessed by Protectee but Owned orClaimed to be Owned by Another31.60 Supplemental Inventory31.70 Amended Inventory31.80 Orders Pending Inventory31.90 LawsuitsSection 32 - Compensation - Guardianship and Conservatorship Estates32.10 In General32.10.1Fee Standard32.10.2Fee Applications32.10.3Effect of Citation, Show Cause or Exception Letter32.10.4Attorney as Guardian/Conservator32.10.5Notice to Veterans Administration32.20 Determination of Corporate Conservators' Fees32.30 Compensation of Lay Fiduciaries32.40 Fees, When Allowed32.50 Reimbursement for ExpensesSection 33 - Claims - Conservatorship Estates33.10 In General33.20 Time for Filing - Adults33.30 Time for Filing - Minors33.40 Form of Pleading and Hearing33.40.1Sufficiency of Pleading33.40.2Procedure33.50 Classification

33.60 Allowance by Court33.70 Payment of Claims33.80 Compromise of a Claim33.90 Insolvent Estates33.100 Conservator as Cl

In the middle 1970's, the Probate Court published a set of local rules. These rules became obsolete as a result of The Court Reform and Revision Act of 1979 and the subsequent revisions of the Probate Code and the Guardianship Code. Since 1979, there has been a steady movement to expand the jurisdiction of the probate division.

Related Documents:

(29) “Probate court administrator” means the individual holding the office of the probate court administrator of this state. (30) “Probate Court Rules” means the Connecticut Probate Court Rules of Procedure. (31) “Public notice” has the meaning provided in C.G.S. section 45a126.-

“Probate court administrator” means the individual holding the office of the probate court administrator of this state. (30)(34) “Probate Court Rules” means the Connecticut Probate Court Rules of Procedure. (31)(35) “Public notice” has the meaning provided in C.G.S. section 45a-126. (32)(36)

Rule 7.4. Waiver of rules in probate proceedings Rule 7.5. Waivers of court fees in decedents’ estates, conservatorships, and guardianships Rule 7.10. Ex parte communications in proceedings under the Probate Code and certain other proceedings Rule 7.1. Probate Rules The rules in this title may be referred to as the Probate Rules.

LANCASTER COUNTY PROBATE COURT Telephone (803) 283-3379 Facsimile: (877) 636-7961 www.mylancastersc.org Click on County Departments and then select Probate Court. Mailing Address: Lancaster County Probate Court Post Office Box 1809 Lancaster, SC 29721 Physical Address: Lancaster County

2 Overview Mission Statement The mission of the Probate Division is to: SERVE the court and the public in reaching a fair and timely resolution on all Probate cases; PROTECT the financial interests of wards of the court and of beneficiaries in court-supervised estates; ENSURE efficient and effective case management for all Probate cases; PROVIDE the public with access in person, by telephone .

The Legal Framework of the Office of the Probate Judge The Administrative Functions of the Probate Judge The Judicial Functions of the Probate Judge The Functions of the Probate Judge as Chairman of the County Governing Body Alabama Law Institute The Law Revision Division of Legislative Services Agency www.lsa.state.al.us

This 2012 Probate Guide has evolved from the former Probate Manual which was first published in 1975, and was revised in 1977, 1981, 1991, 2007 and again in 2012. The 2012 revision was offered to the Tennessee court clerks as a guide, including clerks and masters in most counties, whose court had probate jurisdiction.

Andreas Wagner†‡ Historically, one of the most controversial aspects of Darwinian evolution has been the prominent role that randomness and random change play in it. Most biologists agree that mutations in DNA have random effects on fitness. However, fitness is a highly simplified scalar representation of an enormously complex phenotype .