Missouri Guardianship Hearing Timeline

Expect 60 to 90 Days for an Uncontested Case

From the date your petition is filed with the probate court, most uncontested adult guardianship cases in Missouri reach a hearing within 60 to 90 days. Allow additional time after the hearing for the Oath of Office, any required bond, and issuance of Letters.

But that clock only starts when you file. The pre-filing preparation — physician evaluation, form gathering, background checks, attorney consultations — adds time before filing. The total from deciding to pursue guardianship to receiving Letters varies with preparation, local scheduling, and post-hearing requirements.

The Week-by-Week Process

Weeks 1–4 (Pre-Filing):

• Contact probate clerk, obtain form packet and cost deposit information
• Schedule physician evaluation so it is performed within the 30–60 days preceding filing
• Non-exempt nominated fiduciaries submit to MSHP criminal record review and abuse registry checks; non-exempt conservators also submit to credit investigations
• Background check results must be filed at least 10 days before the hearing
• Attorney drafts the petition

Week 5 — Filing Day:

• Petition filed with probate court along with advance cost deposit
• Court immediately appoints a private attorney to represent the respondent
• Formal citation issued for personal service on the respondent

Weeks 5–6 — Service and Notice:

• Respondent personally served by county sheriff or licensed process server
• Written notice mailed to all close relatives within three days of filing
• Respondent's attorney receives all case documents

Weeks 6–12 — Pre-Hearing Period:

• Respondent's attorney reviews medical and financial records
• Respondent's attorney conducts mandatory in-person consultation with the respondent at least 24 hours before the hearing
• Discovery period for any contested issues
• Court schedules the hearing date

Weeks 14–18 — The Hearing:

• Held before a probate judge
• Petitioner's attorney presents clear and convincing evidence of incapacity
• Judge evaluates least restrictive alternatives under RSMo § 475.075(12)–(13)
• If granted: judge issues written findings of fact and appointment order

Weeks 15–20 — Post-Hearing:

• Appointed fiduciaries file written Oath of Office
• Conservators post required corporate surety bond
• Court issues formal Letters of Guardianship and/or Letters of Conservatorship

What Slows the Process Down

Contested petitions: If the respondent (through their court-appointed attorney) or another family member objects, the case enters an adversarial posture and can take longer and cost significantly more in attorney fees.

Physician scheduling: If your child's doctor cannot complete interrogatories based on an evaluation performed within the 30–60 days preceding filing, you may need to reschedule filing or find another evaluator. An evaluation outside that window may not satisfy the court's requirements.

County docket congestion: Urban circuits like St. Louis County and Jackson County have heavier dockets. Rural circuits sometimes schedule hearings faster simply because they have fewer cases.

Incomplete filings: Missing background checks, improperly served notices, or insufficient evidence of incapacity can result in continuances and delay.

Multiple respondent relocations: If the respondent has moved counties within the past three years, venue questions can arise and require resolution before the hearing.

The Hearing Itself: What Happens in Court

Uncontested hearings are typically brief, although the length varies. The petitioner's attorney presents:

1. The physician's evaluation documenting incapacity
2. Evidence that less restrictive alternatives were considered and found insufficient
3. The proposed guardian/conservator's qualifications and relationship to the respondent
4. A recommended scope of authority (full or limited)

The respondent's attorney confirms they've met with the respondent and states whether there is any objection. The judge asks clarifying questions, may question the petitioner directly, and either grants the petition or orders a limited appointment with specific retained rights documented in writing.

Contested hearings are full evidentiary proceedings with witness testimony, cross-examination, and potentially expert witnesses on capacity.

Starting Early Gives You Better Options

Families who begin the process 6–8 months before the 18th birthday have time to fully explore whether court guardianship is necessary at all. Many discover that powers of attorney, HIPAA releases, and representative payee designations cover their actual needs — eliminating the court process entirely.

The Missouri Adult Guardianship & Alternatives Guide includes a preparation timeline keyed to your child's birthday, county-specific filing instructions, and a physician interrogatory preparation checklist to avoid common delays.

See more Missouri guides →