St. Charles County Probate Court

---

When a person dies it may be necessary for the probate court to administer the distribution of the persons property. Many factors will determine the proper probate procedure to be followed including, but not limited to whether the deceased has a will or not, the value of the property, if the person has a trust, whether the person is survived by a spouse or minor children. The types of administration range from a full estate overseen by the court to a small estate with very little court involvement. 

Probate court has very strict time requirements than can have permanent consequences on distribution and transfer of assets. Consulting with an attorney is highly recommended and estates with a total value of $40,000 or more require handling by an attorney. 

Property that is jointly held, contains a transfer on death (TOD) or Payable on death (POD) or is held by a trust, may not have to go through probate. 

If an individual who is 18 or older is incapacitated and/or disabled they may need a guardian to care for them or a conservator to care for their financial affairs. The guardianship or conservatorship can be full or limited in its care and control. 

There are required procedures to protect the rights of the person including the appointing of an attorney to represent them and a hearing to determine if the person is incapacitated and/or disabled. 

Adult guardianship and/ or conservatorship cases must be filed by an attorney. 

A minor (person under the age of 18) may require a guardianship if his or her parents are unfit, unable or unwilling to care for them. Or they may need a conservatorship if they have property in their name or are going to receive money. There are also limited minor guardianships for school and medical purposes. 

Minor guardianships and conservatorships can remain in placed until the child reaches age 18.

Most minor guardianships and conservatorships are required to be filed by an attorney (ex. limited minor guardianships do not). 

When an individual is deemed to be a threat to harm themselves or others as a result of a mental illness or drug and/ or alcohol abuse, the court may enter orders to commit the person to a medical facility for evaluation, care and treatment for specific amounts of time. 

96 hour detentions require a finding of probable cause to believe the person suffers from a mental disorder and presents a likelihood of serious physical harm. YOU WILL NEED TO CONTACT COMPASS HEALTH AT 636-946-4000 FOR THE ST. CHARLES LOCATION OR 636-332-6000 FOR THE WENTZVILLE LOCATION TO APPLY FOR A 96 HOUR COMMITMENT.

For longer detentions the court must be presented with and find clear and convincing evidence that the person suffers from a mental illness and is a threat to harm himself or others in order for the court to deprive that person of their freedom and commit then for evaluation and /or treatment.