Notice of a sale in partition shall be published in each county in which any of the land is to be sold is located. The sheriff or commissioner shall give thirty days notice of the time and place of sale and what land is to be sold and where situated by advertisement in some newspaper printed in the county if there be one regularly published, weekly or daily, which may be designated by the plaintiffs or their attorney. If there is no such newspaper then the publication shall be in a newspaper designated by the court.
Rule 96.21.Notice of Sale.
Part III · Rule 96: Partition of Real and Personal Property · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 96.21 requires the sheriff or commissioner to give thirty days' notice of a partition sale by publishing it in a locally designated newspaper, or one the court designates if none exists, in every county where any of the land is located.
Full Text of Rule 96.21
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981; Amended June 1, 1993, eff. Jan. 1, 1994.
Plain-English Summary
Rule 96.21 sets the advertising requirements that let the public and interested parties know a partition sale is coming. Notice must be published in each county where any of the land to be sold is located, tying back to the sale-location rules in Rule 96.20 that can put land, and now the required advertising, in multiple counties at once.
The sheriff or commissioner conducting the sale must give thirty days' notice covering the time and place of sale and a description of what land is being sold and where it sits. That advance notice period gives prospective buyers time to learn about the sale and prepare to bid, and it gives the parties to the case a final window to see the sale details before it happens.
The rule specifies how the notice gets published: by advertisement in a regularly published newspaper — weekly or daily — printed in the county, if one exists, and the plaintiffs or their attorney may designate which paper to use. If no such newspaper is printed in that county, the court steps in and designates the newspaper for publication instead. This rule was amended effective January 1, 1994.
Frequently Asked Questions
How much advance notice must be given before a partition sale?
Thirty days.
Where must notice of the sale be published?
In each county in which any of the land to be sold is located.
Who chooses which newspaper publishes the notice?
If a regularly published newspaper exists in the county, the plaintiffs or their attorney may designate it.
What happens if there is no regularly published newspaper in the county?
The court designates the newspaper in which the notice will be published.
What information must the notice include?
The time and place of sale and a description of what land is to be sold and where it is situated.
When was Rule 96.21 last amended?
It was amended effective January 1, 1994.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: partition sale newspaper noticethirty day notice partition saleadvertising partition land salewho publishes partition sale notice