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St. Louis County Circuit Court
Announcements
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IN THE PROBATE DIVISION, CIRCUIT COURT, ST. LOUIS COUNTY, MISSOURI
NOTICE - Procedural Changes
| For Immediate Release |
11-Sep-2009 |
FROM: Judge Gary M. Gaertner, Jr., Commissioner Robert C. Weis and Deputy Commissioner Kimberly Coon
DATE: September 11, 2009
IN RE: Procedural Changes in the Probate Division
The Probate Division has instituted some procedural changes with respect to filings with the court.
House Bill 481 which went into effect August 28, 2009, and changed Section 509.520 RSMo as it applies to the requirements for supplying only the last 4 digits of Social Security Numbers on all civil (non-domestic relations) filings - pleadings, attachments and exhibits - has resulted in the enforcement of Probate Administrative Order dated April 3, 2006, which states that any new estate or trust filings must be accompanied by the confidential Filing Information Sheet or they will not be accepted.
This legislative change created a new filing information sheet - Confidential Case Filing Information Sheet - Non-Domestic Relations. Pursuant to Supreme Court Operating Rule 4, this form must contain: full social security numbers, date of birth, date of death and Gender.
Therefore, pursuant to Probate Administrative Order dated April 3, 2006, the court WILL NOT accept any filing which requires the opening of ANY new case without this completed Confidential Case Filing Information Sheet - Non-Domestic Relations form whether presented in person or sent via courier or mail. Exceptions to this can only be granted by Commissioner Weis or Deputy Commissioner Coon.
Revisions have been made to the guardianship packets to accommodate legislative changes and now include the Confidential Case Filing Information Sheet - Non-Domestic Relations form. Petitions for the Appointment of a Guardian for a Minor WILL NOT be accepted unless it contains all the required filings pursuant to the checklist contained in the guardianship packet.
Social Security Numbers should be redacted to only include the last 4 digits on pleadings, attachments and exhibits filed with the court. The court is not responsible for ensuring that these numbers are redacted on documents filed on or after the effective date of this change. That responsibility falls on the filing party. Thus, the court will accept copies of death certificates whether or not the social security numbers are redacted.
All petitions filed requiring the appointment of a conservator, including jointly with a guardian, will require the filing of the corporate surety bond before being set for hearing or scheduling of the appointment interview. The amount of the bond should be based upon the value of personal property on the financial statement plus income and interest calculated at five percent (5%). Social security or SSI benefits paid to a representative payee should not be included in the figuring of the bond amount.
All petitions for appointment of a personal representative that must be set for hearing will require the filing of the corporate surety bond before being set for hearing. The amount of bond should be based upon the following:
1) Supervised administration - value of personal property
2) Independent administration - value of real property
and personal property.
If you have any concerns with respect to the information contained in this Notice, please contact Judge Gaertner, Commissioner Weis or Deputy Commissioner Coon.
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