Boone Circuit ClerkFrequently Asked Questions

What is the process to get my arrest record expunged?

Expungement Packet

It is recommended that you consult with an attorney about specific requirements needed to file expungement cases.

What is the process for posting a property bond?

Bring the required information to the criminal division of the circuit clerk's office for review and approval of the property bond. Once the bond has been approved the clerk will have all parties named on the deed to the property fill out the Special Affidavit of Qualification. DO NOT SIGN the affidavit as that needs to be done in the presence of court staff. Any further questions may be directed to the criminal division at (573) 886-4016.

• Directions for Formula for Posting Property Bonds
• Special Affidavit of Qualification

What do I do if I have a warrant for my arrest?

If you think there is a possibility you have an outstanding warrant you may turn yourself in to the local sheriff’s department for posting of the bond. Depending on the Judge's order you may have a bond set for cash or surety. Once you have posted a bond your next court appearance will be listed on your bond. If you have further questions you may contact the criminal division at (573) 886-4016.

Where can I find information about my next court date?

Please refer to Case.net to locate information regarding upcoming court dates. Once you are in Case.net you may search for your case by name or case number and click on the appropriate case to view the status of the case. For future court dates you may wish to click on the link at the bottom of the screen to be notified by phone or e-mail.

How do I get a continuance on my criminal case?

The clerks are not authorized to continue your case. If you have an attorney you will need to have your attorney file a written motion for continuance. If you do not have an attorney you may file a written motion for continuance on your own; we do not have this form available. If you or your attorney do not appear on the scheduled court date we can not guarantee that the Judge will not issue a warrant for your arrest.

Where can I obtain a rent and possession petition?

Petition for Possession and Non-Payment of Rent

I paid my judgment. Why is it still showing on my credit report?

The credit bureaus get judgment information from our judicial information system. It is up to the person you have paid to file a satisfaction with our office. We do not report information to the credit bureaus, so it will be up to them to check our system again to see that it has been satisfied and to update your credit report. It will still be on your credit report, but it will show satisfied.

How can I get my case removed from the dismissal docket?

For associate civil cases you can ask for service or file a letter or motion. For circuit civil cases you need to file a letter or motion; just asking for a trial setting does not automatically remove circuit civil cases from the dismissal docket.

I filed a motion for continuance. Do I need to show up for my court date?

This is a decision that is going to be ruled on by the court. Therefore the clerks cannot answer that question.

Probate / Wills / Trusts

What is Probate?

Court procedure by which a will is proved to be valid or invalid. The term now includes all matters and proceedings pertaining to administration of estates, guardianships, etc.

What is a will?

An instrument by which a person makes a disposition of his or her property, to take effect after his or her death. A will is a legal document that is signed by someone over the age of 18 and provides instructions on how to dispose of all of their property at the time of death, if that person’s property is not disposed of by a different method. Dying with a will is called, dying “testate”.

Do I need to have a will?

It is probably a good idea to execute a will. A will gives you the power to distribute your property according to your own wishes. A will allows you to make specific gifts to certain people (such as a family heirloom), nominate a guardian for your minor children, create a trust through your will, name the executor/administrator of your estate and provide for any other wishes you may have for your property at your death.

Is my will still valid if I executed it in a different state than Missouri?

Yes. Your will is valid if it is in writing, signed by you, and was executed in accordance with the laws of the place you executed the will or where you live at the time of execution.

What happens if I die without a will? What happens to my property?

Dying without a will is called, dying “intestate.” If you do not make other arrangements on how your property will be transferred at your death, such as a trust or joint ownership, then your property will be transferred according to the probate laws of Missouri.

What is a trust?

A Trust is a legal entity that can hold title to property for the benefit of one or more other persons or entities. The person who sets up the trust is called the Creator (also known as the Grantor, Trustor, or Settlor).

Guardianship of Minors

What is Guardianship and why is it needed?

Guardianship of a minor is a court proceeding in which someone other than the child’s parents asks the court for authority to provide for that child because the parents are unable, unwilling or unfit to parent the child. You, as the petitioner, must provide enough information to the court to show that inability to parent the child.

Requirements for guardianship are largely statutory and those laws are contained in Chapter 475 of the Missouri Revised Statutes.

If you are appointed as guardian, you will be responsible for the care and custody of the child and must provide for their education, support and maintenance.

Once an Order of Guardianship is entered and until the child reaches the age of 18 or the court terminates the guardianship, the child’s parents no longer have the authority to control, direct, or monitor the actions, behaviors or activities of the child. This authority now lies with you as the guardian.

If circumstances change with the parents, they can petition the court to terminate the guardianship and have their parental authority restored to them.

Is there anyone in the Probate or Circuit Clerk’s Office that can provide me with legal advice?

Missouri law prohibits clerks of the court from giving out legal advice. If you have questions, please consult an attorney.

Where do I find the forms to use for filing my petition?

All of the forms you will need for Guardianship/Conservatorship for a Minor are located under the Probate forms section.

Depending on the situation, ALL of the items required for your appointment as guardian must be filed at the same time. Incomplete filings will not be accepted.

What is the filing fee?

Probate Filing fees are posted on the Probate Division page under fees.

Where do I file my petition?

All petitions for guardianship of a minor are filed with the Boone County Probate Division, 705 E. Walnut, Columbia, Missouri 65201.

Do I have to live in Missouri to be appointed as guardian?

It is not necessary that you reside in the State of Missouri and the mere fact that you don’t doesn’t disqualify you from being appointed as guardian.

The court will take into consideration where you live to determine if you would be able to effectively perform your duties as guardian and has the discretion to not appoint you.

Do I have to have an attorney to file for guardianship or can I proceed Pro Se (without an attorney)?

Guardianship actions can be extremely complex and require a keen understanding of a highly specialized area of law. For this reason, although not mandatory, it is STRONGLY recommended that you seek the assistance of an attorney.

Does the minor child in the guardianship proceeding need to have an attorney?

Yes, but you do not need to secure an attorney for the minor child. The court will appoint an attorney known as a guardian ad litem to represent the best interest of the child.

The guardian ad litem must be present at every proceeding involving the child.

In addition, if any party to the action is a minor (i.e., a natural parent of the child is a minor), a guardian ad litem will be appointed for him or her.

Who must consent to the guardianship?

If possible, the natural parents must consent to the guardianship. If the parents refuse their consent, then the case will be set for a “contested” hearing where each party can present their opposing views in a formal proceeding. It gives the parents of the child the opportunity to oppose, resist or dispute any information provided by you.

You, as the guardian, or if someone other than you is being appointed guardian, must consent to serve as the guardian.

If the minor is age 14 or older, then he or she must consent. If the child refuses to consent, this should be noted on the petition and it will be set for a “contested” hearing.

If the child is in the custody of the Missouri Children’s Division (MCD), then MCD must consent to the appointment of the guardian.

What happens once I file my petition?

The packet will be reviewed by the Probate Division Issue Clerks to ensure that all required documents are present. Incomplete packets will be returned to you for completion.

The court will appoint a guardian ad litem for the minor child involved in the guardianship as well as any party that is a minor.

All petitions for guardianship of a minor must be set for a court hearing. In most cases, the hearing will be scheduled for the first available date 90 days after the acceptance of the petition. You, as the petitioner, and the minor child are required to be present for this hearing.

The scheduled hearing date is important. You and your attorney, if represented, should make careful note of that date. The court will expect to hear the case on that date and if you are not prepared to proceed, the case could be dismissed without prejudice at your expense.

Who needs to be served in a guardianship proceeding?

Service must be obtained on all of the following:

• Birth parents (unless a prior termination of parental rights has been done).
• Any putative fathers identified by the mother (unless a prior termination of parental rights has been performed).
• The minor child if age 14 or older.
• Any legal guardian.

Any of the above individuals may waive service of the summons. Any waiver of service of summons must be filed at least 30 days prior to the date of the hearing.

What forms need to be filed?

The originals of all forms must be filed along with a copy of them for each person requiring service. YOU MUST BRING ALL NECESSARY FORMS PER THE CHECKLIST AT THE TIME OF FILING – THE COURT CANNOT ACCEPT INCOMPLETE FILINGS.

• You will need to provide the court with a copy of the child’s birth certificate.
• Confidential Filing Information Sheet – Non Domestic Relations – Missouri Supreme Court Operating Rule 4 requires that this form accompany any new case filing. It must be completely filled out with full social security numbers and birth dates for all parties. This is especially important if one or more of the parties requires personal service of the summons. Once the information has been entered into the system, this sheet is destroyed by shredding.
• Petition for the Appointment of Guardian of Minor Child – Certain information is required on the petition and those requirements are set by Missouri Law – 475.060 and 475.061 RSMo. You must use the form provided which meets those requirements per administrative order of the court. The reason why the appointment of a guardian is sought must be clearly written in the space provided.

The following circumstances could necessitate the appointment of a guardian:

• The minor is incapacitated, or
• The minor has no living parent, or
• The parents or surviving parent are unwilling, unable or unfit to act as guardian, or
• The parents or surviving parent has had their parental rights terminated under the Juvenile Code.

• Exhibit A – Financial Statement
• Exhibit B – Minor
• Exhibit C – Consent to serve as the Guardian
• Exhibit D – Designation of Resident Agent
• Exhibit E – List of Witnesses
• Consent and Waiver of Parent to the Appointment of Guardian.
• Consent and Waiver of Service of Summons and Nomination of Proposed Guardian by Minor Child Fourteen (14) Years of Age or Older.
• Caregiver Background Screening Form 

What happens after Letters of Guardianship are granted?

You will be required to file a Guardian’s Annual Report each year that the guardianship remains open. The court will send you a notice each year, along with the form, giving you the due date for the annual report.

IT IS IMPERATIVE THAT YOU KEEP THE COURT ADVISED OF YOUR CONTACT INFORMATION. If you move or change your telephone number, please send the court a letter with the case number, name of the minor, your name, new address and/or telephone number(s).

How do you end a guardianship of a minor?

The authority of a guardian over a minor ends when the minor reaches the age of eighteen (18), the minor dies, the guardianship letters are revoked or the guardianship is terminated.

At the time the minor turns 18 the court will close the file and your authority as guardian will end.

If the minor dies you would need to send us a letter telling us the minor’s date of death along with a copy of the death certificate. At that time the court will close the file.

Your letters of guardianship could be revoked if you fail to perform the duties required as guardian.

If a parent is seeking termination of the court-ordered guardianship they will be required to file a Petition to Terminate.

• A guardian ad litem will be appointed to represent the best interests of the minor.
• The matter must be set for hearing.
• Consents filed or personal service on the parties.