$0 Missouri Guardianship Filing Checklist

St. Louis City Guardianship: Filing in the 22nd Judicial Circuit Probate Court

St. Louis City and St. Louis County are separate jurisdictions in Missouri — a distinction that trips up many filers. If the child you are seeking guardianship of lives within the City of St. Louis, your case goes to the 22nd Judicial Circuit, not the 21st (which handles St. Louis County). If a guardianship proceeding is commenced in the wrong county, the court may transfer it to another county's probate division under RSMo § 475.040.

City vs. County: Why It Matters

Missouri is one of the few states where St. Louis City operates as an independent city, separate from St. Louis County. Each has its own circuit court, its own probate division, its own fee schedule, and its own local rules. Venue for a minor guardianship is determined by the child's domicile under RSMo § 475.035.

If the child lives in Florissant, Clayton, or Kirkwood, that is St. Louis County (21st Circuit). If the child lives within the City of St. Louis boundaries — downtown, south city, north city, the Central West End — that is St. Louis City (22nd Circuit).

Filing Fees and Deposits

The 22nd Circuit's posted probate fee schedule lists a $140.50 filing fee for a minor guardianship or conservatorship petition.

Additional costs include sheriff service fees and certified-mail charges. The City Probate Division no longer collects publication fees; the selected publisher invoices the filer directly. If the court appoints a Guardian ad Litem, the court may award reasonable compensation for that work.

A Motion to Proceed In Forma Pauperis under RSMo § 514.040 asks the court to let a qualifying petitioner proceed without fees and charges the court determines they cannot pay. The petitioner supports the request with a sworn affidavit.

Pro Se Filing

Unlike St. Louis County, which requires non-parent petitioners to have an attorney, St. Louis City generally accepts pro se filings in guardianship cases. However, the judge retains full discretion to require legal representation if the case involves complex legal issues or becomes contested.

If you are filing without a lawyer, be especially careful with the notice and service requirements. A petition that fails to properly notify all required parties is vulnerable to challenge, and the court may void an order that was entered without proper service.

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Required Documents

The petition package for a minor guardianship in St. Louis City follows the standard Missouri requirements under RSMo § 475.060:

  • Petition for Guardian and Conservator of a Minor — names the child, identifies the parents, and states why guardianship is necessary
  • Background screening proof — FCSR screening and MSHP fingerprint-based criminal history check for the petitioner and all adult household members, filed at least 10 days before the hearing
  • Parental Consents or Waivers — if a parent agrees to the guardianship
  • Proof of service — sheriff return, certified mail receipt, or affidavit of publication
  • Child's certified birth certificate
  • Proposed Judgment and Order Appointing Guardian

Service and Notice

Parents must receive notice unless they signed the petition or waived notice under RSMo § 475.070. The methods include:

  • Personal service through the sheriff or a special process server for parents within Missouri
  • Out-of-state personal service by a person authorized to serve process where service is made; registered or certified mail may be used when authorized under RSMo § 506.160
  • Service by publication as a last resort, after the court or clerk issues an order of publication on the required verified statement; notice must be published at least once each week for four consecutive weeks under RSMo § 506.160

Free Legal Help

Legal Services of Eastern Missouri (LSEM) covers both St. Louis City and St. Louis County. Their intake line is (314) 534-4200. They accept civil kinship cases for income-qualified residents.

The KIN-4-KID line (1-833-546-4543) provides free navigation support, benefit referrals, and legal aid connections for relative caregivers across Missouri.

For a complete comparison of every Missouri guardianship and custody pathway — including county-specific rules, fee waivers, and post-appointment compliance — the Missouri Guardianship and Custody Court Process Guide walks through the entire process from start to finish.

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