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How to Search Adair County, Missouri Probate Court Records

Searching Adair County probate records card, from Nolan Law Firm

If the person lived in Adair County, the probate file sits with the probate division of the Adair County Circuit Court at the courthouse in Kirksville. You can search it yourself on Missouri Case.net by the person's name. Documents filed on or after July 1, 2023 open right on your phone; anything older means a trip to the courthouse or the state archives.

That's the short version. The rest of this post covers where to look, what you'll find, what you won't, and the mistakes I see families make when they go hunting for an estate file.

Start With the Right County

Missouri probates an estate in the county where the person was domiciled when they died. That's Section 473.010 RSMo, and it decides where the file lives.

Domicile means home, not where the death happened. A Kirksville man who dies at a hospital in Columbia is still probated in Adair County. A Novinger widow who spent her last year in a care center in Macon may be a closer call, and that's a question about her intent, which is worth asking a lawyer about before you file anything.

There's one twist for people who didn't live in Missouri. If an Iowa resident owned farmland here and that land is most of their Missouri property, the case goes to the county where the land sits. So a Des Moines family with 160 acres outside Brashear could have an estate file in Kirksville even though nobody in it ever lived here.

Adair County is part of Missouri's 2nd Judicial Circuit, along with Knox and Lewis counties. That matters for one reason: if you search the circuit and see a case from Edina or Monticello, you're in the wrong county's file.

How to Search Adair County Probate Cases on Case.net

Case.net is the Missouri courts' public case search. It's where I start every time a family brings me a question about an estate that's already been opened.

  1. Go to Missouri Case.net from the Missouri Courts website.
  2. Choose a litigant name search. In a probate case, the "litigant" is usually the person who died, listed by name in the estate caption.
  3. Narrow the search to Adair County so you aren't wading through every Smith in the state.
  4. Open the case and click the Docket Entries tab. That's the running list of everything filed.
  5. Look for bold blue links. Those are documents you can view, download and print. No link means no document is attached online.

You can also search by case number if you have one from a court notice or a newspaper publication, or by filing date if you know roughly when the estate was opened.

The July 1, 2023 Line

Most dead-end searches hit this wall. The Missouri courts allow remote access only to public documents filed on or after July 1, 2023. The courts' own remote public access page says flatly that there's no remote access to anything filed before that date, including some judgments that used to be online.

So if Grandpa's estate was opened in 2019, Case.net will likely show you that the case exists and list the docket entries. It won't hand you the inventory. For that you go to the courthouse.

What's Blacked Out

Public documents still get redacted before they go online. Social Security numbers, driver's license numbers, dates of birth and the names of known minors come out. If you need an unredacted piece of the file because you're a party to the estate, ask the clerk what the court requires.

Going to the Courthouse

The Adair County Circuit Clerk's office is in the Adair County Courthouse, 106 W. Washington Street, Kirksville. The county lists the clerk's phone as (660) 665-2552. Call before you drive over.

At the courthouse you can use the public computer terminals to view documents filed before July 1, 2023. Older paper files are available only in person at the clerk's office. Bring the full name of the person who died, the approximate date of death and a case number if you have one. Ask the clerk what copies and certified copies cost before you ask for a stack of them.

What's in an Adair County Probate File

A full estate file is a paper trail of everything the court touched. Our earlier post on Missouri probate records walks through every document type. These are the ones people most often go looking for.

The Will

A Missouri will has no legal effect until it's presented for probate and admitted, under Section 473.050 RSMo. If no letters were granted and no notice was published, the window to present the will is one year after death. Once a will is filed, it's part of the court record.

That cuts both ways. If you're searching for a will and nothing shows up, it may mean nobody ever filed it. If it's been less than a year since the death and you're holding the original, get it to the probate division this week.

The Inventory

This is usually the document people want most. Within 30 days after letters are granted, the personal representative has to file an inventory and appraisement under Section 473.233 RSMo. It lists real estate with a legal description, stocks by name and number of shares, bank accounts, money, and liens against the property.

If you want to know whether the home place on Highway 6 went through probate, the inventory is where it shows up.

Creditor Claims

Creditors have six months after the first published notice of letters to file claims, under Section 473.360 RSMo. Hospitals and credit card companies show up here often. A claim in the file doesn't mean it got paid; look for the order allowing or denying it.

Small Estate Affidavits

Not every Adair County estate gets a full administration. If the estate is worth $40,000 or less after liens and debts, and 30 days have passed since death, the heirs can use a small estate affidavit under Section 473.097 RSMo. That affidavit is filed with the probate division, so it creates a case you can search. Our guide to claiming a small estate in Adair County covers how that process runs, and the Adair County probate filing fees post covers what it costs to open one.

What You Won't Find

Probate records only show what went through probate. Plenty of property never does.

A house passed by a beneficiary deed, a bank account with a payable-on-death beneficiary, a life insurance policy, a retirement account with a named beneficiary and anything owned by a funded living trust pass outside the court. None of it lands in the inventory. If Mom's estate file shows $18,000 in personal property and you know she owned a farm, check the Adair County Recorder of Deeds for a beneficiary deed before you assume something went wrong.

A living person's will isn't searchable either. Missouri lets you deposit your will with the probate division for safekeeping under Section 474.510 RSMo. The clerk keeps it sealed, and during the testator's lifetime it goes back only to the testator or someone the testator authorizes in writing. After death, it goes to the person named on the wrapper, or it's opened in court within 30 days after notice of the death. If you want more on that option, read our post on keeping your will safe and easy to find in Kirksville.

Old Adair County Estates and Family History

Genealogy searches run on a different track. The Missouri State Archives in Jefferson City holds Adair County probate records on microfilm, including probate records from 1841 to 1897 and will books running from 1873 to 1967. The Secretary of State publishes the full Adair County microfilm list, with reel numbers, so you can ask for the right roll instead of guessing.

For anything between those microfilm years and 2023, the clerk's office in Kirksville is your source.

Mistakes I See

Paying a records website. Third-party search sites charge for what Case.net and the clerk's office show you directly. Start there.

Searching the wrong county. Check where the person lived, not where they died or where the funeral was held.

Assuming no file means no will. It may mean the will is sitting in a dresser drawer. Missouri's one-year deadline to present it doesn't wait for anyone to find it.

Reading the inventory as the whole estate. Beneficiary deeds, payable-on-death accounts and trust assets never appear there.

Most of the time, a records search answers a simple question: was there an estate, who ran it, and who got what. Sometimes it turns up a will nobody filed, a deadline about to run, or property that should have been in the inventory and wasn't. That's when you need a lawyer looking at the file with you.

I handle probate and estate planning out of my office in Kirksville for families across Adair County and northeast Missouri. If you've pulled an estate file and something doesn't add up, or you've found a will that never made it to the courthouse, call us and bring what you found. If you're still in the planning stage, our post on how long probate takes in Missouri shows what your own family would face.

Frequently asked questions

How do I look up a probate case in Adair County, Missouri?

Search Missouri Case.net by the name of the person who died and narrow it to Adair County. Open the Docket Entries tab to see what's been filed. Documents filed on or after July 1, 2023 can be viewed online; older ones are at the Adair County Circuit Clerk's office in the courthouse at 106 W. Washington Street in Kirksville.

Can I see probate documents filed before 2023 online?

No. Missouri courts allow remote access only to public documents filed on or after July 1, 2023. Older documents can be viewed on the public terminals at the courthouse, and older paper files are available in person at the clerk's office.

Which county handles probate if my parent died in a hospital in another county?

The county where your parent was domiciled, meaning where they made their home, under Section 473.010 RSMo. A Kirksville resident who dies at a hospital in Columbia is still probated in Adair County.

Why can't I find a will in the probate records?

A will only becomes part of the court record when someone presents it for probate. Under Section 473.050 RSMo, if no letters were granted and no notice was published, the will must be presented within one year after death. If nothing shows up, the original may still be sitting in a drawer or safe.

Are old Adair County wills and estate records available for genealogy?

Yes. The Missouri State Archives holds Adair County probate records on microfilm, including probate records from 1841 to 1897 and will books from 1873 to 1967. The Secretary of State publishes the reel list online.

Why doesn't the probate inventory list all of the person's property?

Probate only covers property that went through probate. Real estate passed by a beneficiary deed, payable-on-death accounts, life insurance, retirement accounts with named beneficiaries and trust assets pass outside the court and won't appear in the inventory.

This article is general information about Missouri law, not legal advice, and it does not create an attorney-client relationship. Talk to a Missouri attorney about your situation.

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