Missouri Determination of Heirship Checklist: How to File, Step by Step

Missouri circuits' probate divisions publish their own petition forms and clerk's checklists for a determination of heirship; RSMo § 473.663.1 fixes what the petition must contain. Either way, RSMo § 473.663 is what sets out what a compliant filing must contain. Here is the full sequence, with the statutory fact behind each step.

1. 1

   Confirm the one-year conditions

   More than a year has passed since the death; nobody has commenced an administration on the estate; and no written will was presented for probate within the time RSMo § 473.050(3) allows. You must claim an interest in the property as an heir or through an heir.

2. 2

   Identify the property the petition is about

   The decree runs only to the property the petition describes. List each piece of real property with its legal description and street address, and each item of personal property with identifying detail (VIN or serial number, last four digits of an account number), with its value — or state that the value is unknown.

3. 3

   Work out the heirs

   Under RSMo § 474.010, a surviving spouse and children or their descendants come first, then parents and siblings and their descendants, and so on. List each heir's name, relationship, age and residence address, and anyone claiming through an heir who has since died, with that heir's date of death. For a minor heir, name who receives notice. View source →

4. 4

   Get your circuit's petition form and checklist

   Use the probate division's current petition for determination of heirship (Sec. 473.663 RSMo), clerk's checklist, and filing instructions. Jackson County also asks for a proposed judgment that shows each heir's share.

5. 5

   Sign under oath and file

   The petition is verified under the penalties of making a false affidavit or declaration (or notarized), and filed with the probate division of the circuit court that would have proper venue to administer the estate, with the filing fee your county sets.

6. 6

   Give notice as the court directs

   After filing, the court sets a hearing. Notice goes by publication once a week for four consecutive weeks, the last insertion at least seven days before the hearing, and by registered or certified mail (or under § 472.100) to every named person whose address is known. File the affidavit of publication and mail receipts at least seven days before the hearing.

7. 7

   Prove the heirship at the hearing

   Be ready to prove each line of descent. The court makes a decree determining who is entitled to the described property and their respective interests.

8. 8

   Record the decree for land

   A certified copy of the decree is recorded, at your expense, with the recorder of deeds in each county where described real property is located.

9. 9

   Use the decree for what it does

   The decree is conclusive evidence of the facts it determines against the parties to the proceeding. It establishes who the heirs are and their shares; it does not collect assets or pay debts. Property found later may need an amended petition.

Who publishes the form, and what the statute requires

Missouri circuits' probate divisions publish their own petition forms and clerk's checklists for a determination of heirship; RSMo § 473.663.1 fixes what the petition must contain. Whichever version you use, the requirements above — read directly against RSMo § 473.663 — are what a compliant filing has to satisfy.

The paperwork is only half of it

Notice, clearances, and what an institution asks for once the court's order is in hand are where a court-filed process loses time. Free one-pager: what to have ready at each step, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.

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