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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter : Chapter 472 Probate Code--General Provisions
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This act* shall apply to the estates of persons whose deaths
occur on or after January 1, 1981. The procedures herein prescribed shall
govern all proceedings in probate then pending, except to the extent
that, in the opinion of the court, their application in particular
proceedings or parts thereof would not be feasible or would work
injustice, in which event the former procedure shall apply. No act done
in any proceeding commenced before January 1, 1981, and no accrued right
shall be impaired by its provisions. When a right is acquired,
extinguished or barred upon the expiration of a prescribed period of time
which has commenced to run by the provision of any statute in force
before this act* takes effect, such provision shall remain in force and
be deemed a part of the probate code with respect to such right except as
otherwise provided therein. (L. 1980 S.B. 637)
Effective 1-1-81
*This act was known as the "Probate Code", which includes chapters 472,
473 and 474, RSMo.
When used in this code, unless otherwise apparent from the
context:
(1) "Administrator" includes any administrator de bonis non,
administrator cum testamento annexo, administrator ad litem and
administrator during absence or minority;
(2) "Child" includes an adopted child and a child born out of wedlock,
but does not include a grandchild or other more remote descendants;
(3) "Claims" include liabilities of the decedent which survive whether
arising in contract, tort or otherwise, funeral expenses, the expense of
a tombstone, and costs and expenses of administration;
(4) "Clerk" means clerk of the probate division of the circuit court;
(5) "Code" or "probate code" means chapters 472, 473, 474 and 475, RSMo;
(6) "Court" or "probate court" means the probate division of the circuit
court;
(7) "Devise", when used as a noun, means a testamentary disposition of
real or personal property or both; when used as a verb it means to
dispose of real or personal property or both by will;
(8) "Devisee" includes legatee;
(9) "Distributee" denotes those persons who are entitled to the real and
personal property of a decedent under his will, under the statutes of
intestate succession or who take as surviving spouse under section
474.160, RSMo, upon election to take against the will;
(10) "Domicile" means the place in which a person has voluntarily fixed
his abode, not for a mere special or temporary purpose, but with a
present intention of remaining there permanently or for an indefinite
time;
(11) "Estate" means the real and personal property of the decedent or
ward, as from time to time changed in form by sale, reinvestment or
otherwise, and augmented by any accretions and additions thereto and
substitutions therefor, and diminished by any decreases and distributions
therefrom;
(12) "Exempt property" means that property of a decedent's estate which
is not subject to be applied to the payment of claims, charges, legacies
or bequests as described in section 474.250, RSMo;
(13) "Fiduciary" includes executor, administrator, guardian, conservator,
and trustee;
(14) "Heirs" means those persons, including the surviving spouse, who are
entitled under the statutes of intestate succession to the real and
personal property of a decedent on his death intestate;
(15) "Interested persons" mean heirs, devisees, spouses, creditors or any
others having a property right or claim against the estate of a decedent
being administered and includes children of a protectee who may have a
property right or claim against or an interest in the estate of a
protectee. This meaning may vary at different stages and different parts
of a proceeding and must be determined according to the particular
purpose and matter involved;
(16) "Issue" of a person, when used to refer to persons who take by
intestate succession, includes adopted children and all lawful lineal
descendants, except those who are the lineal descendants of living lineal
descendants of the intestate;
(17) "Lease" includes an oil and gas lease or other mineral lease, but
does not include month-to-month or year-to-year tenancies under oral
contracts;
(18) "Legacy" means a testamentary disposition of personal property;
(19) "Legatee" means a person entitled to personal property under a will;
(20) "Letters" include letters testamentary, letters of administration
and letters of guardianship;
(21) "Lien" includes all liens except general judgment, execution and
attachment liens;
(22) "Lineal descendants" include adopted children and their descendants;
(23) "Mortgage" includes deed of trust, vendor's lien and chattel
mortgage;
(24) "Person" includes natural persons and corporations;
(25) "Personal property" includes interests in goods, money, choses in
action, evidences of debt, shares of corporate stock, and chattels real;
(26) "Personal representative" means executor or administrator. It
includes an administrator with the will annexed, an administrator de
bonis non, an administrator pending contest, an administrator during
minority or absence, and any other type of administrator of the estate of
a decedent whose appointment is permitted. It does not include an
executor de son tort;
(27) "Property" includes both real and personal property;
(28) "Real property" includes estates and interests in land, corporeal or
incorporeal, legal or equitable, other than chattels real;
(29) "Registered mail" includes "certified mail" as defined and certified
under regulations of the United States Postal Service;
(30) "Will" includes codicil; it also includes a testamentary instrument
which merely appoints an executor and a testamentary instrument which
merely revokes or revives another will. (L. 1955 p. 385 § 2, A.L. 1957 p.
829, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45,
A.L. 1986 S.B. 787)
Effective 6-3-86
(1955) Will construed and words "descendants of a deceased child" of
testator held to include an adopted child of testator's deceased son.
Hayes v. St. Louis Union Trust Co. (Mo.), 280 S.W.2d 649.
(1958) Devise of undivided one-half interest in realty to testator's son
for life and at his death to his children absolutely but if he should die
without issue living then to other son for life and at his death to other
son's "heirs at law" was construed according to statute of descent and
distribution in effect when second life tenant died rather than statute
in effect at execution of will and testator's death and thus widow of
second life tenant took one-half of the undivided one-half interest
against contention that testator indicated intent that land go to his
descendants. Thomas v. Higginbotham (Mo.), 318 S.W.2d 234.
(1959) Evidence held to establish domicile in state of Louisiana by prior
resident of this state who had died, for the purpose of determining where
his estate should be dispersed. In re Toler's Estate (Mo.), 325 S.W.2d
755.
(1965) As used in subsection 2 of § 475.320, the word "debts" is the
substantial equivalent of "claims", which is defined in this section,
subdivision (4), as including liabilities of the decedent which survive
whether arising in contract or in tort or otherwise, funeral expenses,
the expense of a tombstone and costs, and expenses of administrator.
State v. Hollenbeck (A.), 394 S.W.2d 82.
(1974) Provision in will that executor gave to pastor of a named church a
sum for masses to be said entitled the pastor to receive as a gift
personal property and he was a "legatee" and a necessary party to suit to
set aside will. Kane v. Mercantile Trust Co. National Association (Mo.),
513 S.W.2d 362.
Whenever fraud has been perpetrated in connection with any
proceeding or in any statement filed under this code, or if fraud is used
to avoid or circumvent the provisions or purposes of this code, any
person injured thereby may obtain appropriate relief against the
perpetrator of the fraud or restitution from any person, other than a
bona fide purchaser, benefiting from the fraud, whether innocent or not.
Any proceeding must be commenced within two years after the discovery of
the fraud, but no proceeding may be brought against one not a perpetrator
of the fraud later than ten years after the time of commission of the
fraud. This section has no bearing on remedies relating to fraud
practiced on a decedent during his lifetime which affects the succession
of his estate. (L. 1980 S.B. 637)
Effective 1-1-81
The probate division of the circuit court may hear and determine
all matters pertaining to probate business, to granting letters
testamentary and of administration, the appointment of guardians and
conservators of minors and incapacitated and disabled persons, settling
the accounts of personal representatives and conservators, and the sale
or leasing of lands by personal representatives and conservators,
including jurisdiction of the construction of wills as an incident to the
administration of estates, of the determination of heirship, of the
administration of testamentary and inter vivos trusts, of disability and
incapacity proceedings as provided by law and of such other probate
business as may be prescribed by law. (RSMo 1939 § 2437, A.L. 1955 p. 385
§ 3, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 2406; 1919 § 2542; 1909 § 4056
(1959) Court stated "the General Assembly, in its representative
capacity, is free to exercise all the primary power of the people in
conferring such uniform equitable jurisdiction" referring to jurisdiction
in "matters pertaining to probate business". North v. Hawkinson (Mo.),
324 S.W.2d 733.
(1962) Judgment of trial court ordering writ of mandamus to compel
probate judge to assume jurisdiction of testamentary trust reversed and
supreme court refused to rule on constitutionality of provision
conferring jurisdiction of testamentary trusts on probate court where
record did not show facts sufficient to present issues for determination.
State v. Bradley (Mo.), 358 S.W.2d 38.
(1964) Appointment by probate court of successor trustee of testamentary
trust held void and sections 472.020 and 456.225 declared
unconstitutional insofar as they purport to grant jurisdiction over
testamentary trusts to the probate court. First National Bank of Kansas
City v. Mercantile B. & T. Co. (Mo.), 376 S.W.2d 164.
Proceedings may be conducted under section 473.083, RSMo, or any
other section of chapters 472 and 473, RSMo, when the state of Missouri
or any department or agency thereof is a necessary or proper party
defendant or interested therein, directly or indirectly, as devisee,
claimant by way of escheat, claimant as creditor, or otherwise. Service
of process and notices upon the state of Missouri or any department or
agency thereof may be made by delivery to the prosecuting attorney of the
county. (L. 1967 p. 639 § 1, A.L. 1980 S.B. 637)
Effective 1-1-81
The probate division of the circuit court has the same legal and
equitable powers to effectuate and to enforce its orders, judgments and
decrees in probate matters as circuit judges have in other matters and
its executions shall be governed by chapter 513, RSMo, and the applicable
supreme court rule, except that all executions shall be returnable within
thirty days unless otherwise ordered by the court. All process of the
court may be served anywhere within the territorial limits of the state.
(L. 1955 p. 385 § 4, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)
Effective 1-1-81
(1961) This section is not a grant to probate courts of jurisdiction in
purely equitable matters. Whatever equitable powers a probate court may
exercise by virtue of this section must be employed in the discharge of
its jurisdiction in probate matters. Stark v. Moffit (A.), 352 S.W.2d 165.
(1963) In re Meyers' Estate (A.), 368 S.W.2d 925.
(1964) Where deceased, collecting agent of gas company, wrongfully
deposited collections in his personal account, deposit created trust fund
for benefit of gas company and the tracing of collections into the bank
account was a proper exercise of equitable powers by the probate court.
In re Meyers' Estate (Mo.), 376 S.W.2d 219.
(1987) Order granting special notice of probate hearings to interested
person pursuant to this section was not subject to interlocutory appeal.
Cordes v. Caldwell, 731 S.W.2d 463 (Mo.App.).
In all suits and other proceedings in the probate division of
the circuit court, the party prevailing shall recover his costs against
the other party, except in those cases in which a different provision is
made by law. Whenever costs are given against executors and
administrators, the estate shall pay the costs. Parties presenting claims
against estates, for the same causes and in the same manner, may be ruled
to give security for costs, as is provided in practice in civil cases.
(RSMo 1939 § 203, A.L. 1955 p. 385 § 5, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 204; 1919 § 203; 1909 § 212
Effective 1-2-79
CROSS REFERENCE: Probate fees, RSMo 483.580
The court shall be open for the transaction of probate business
at all reasonable hours. The judge of the probate division of circuit
court may by order provide for the holding of sessions of the court at
regular recurring times for the purpose of hearing claims, settlements
and other matters but no such order shall prohibit the hearing and
determination of any proceeding before the court at any time when
necessary to promote the ends of justice nor shall such order be
inconsistent with rules of court. If the last day on which any act is
required to be performed in the court falls on any day on which the court
is not open the same shall be performed on the next succeeding day on
which the court is open. (L. 1955 p. 385 § 6, A.L. 1978 H.B. 1634)
Effective 1-2-79
No judge of probate shall sit in a case in which the judge is
interested, or in which the judge is biased or prejudiced against any
interested party, or in which the judge has been counsel or a material
witness, or when the judge is related to either party, or in the
determination of any cause or proceeding in the administration and
settlement of any estate of which the judge has been personal
representative, conservator, or guardian, when any party in interest
objects in writing, verified by affidavit; and when the objections are
made, the cause shall be transferred to another judge, in accordance with
the provisions of section 478.255, RSMo, who shall hear and determine
same; and the clerk of the circuit court or division clerk shall deliver
to the probate division of the circuit court a full and complete
transcript of the judgment, order or decree made in the cause, which
shall be kept with the papers in the office pertaining to such cause.
(RSMo 1939 § 2444, A.L. 1955 p. 385 § 7, A.L. 1978 H.B. 1634, A.L. 1983
S.B. 44 & 45, A.L. 2005 S.B. 420 & 344)
Prior revisions: 1929 § 2053; 1919 § 2549; 1909 § 4063
(1980) The power to disqualify a judge as to any further proceedings with
an estate is to be liberally construed and will apply to all pending
matters to preclude the judge from resuming jurisdiction. State ex rel.
Campbell v. Kohn (A.), 606 S.W.2d 399.
1. The clerk of the probate division may take acknowledgments,
administer oaths, and certify and authenticate copies of instruments,
documents and records of the court, and perform the usual functions of
his office.
2. Subject to control of the judge of the probate division, the clerk of
the probate division may issue notices and make all necessary orders for
the hearing of any petition or other matter to be heard in the court.
3. If a matter is not contested, the clerk may hear and determine it and
make all orders, judgments and decrees in connection therewith which the
judge could make, subject to be set aside or modified by the judge at any
time within thirty days thereafter; but if not set aside or modified, the
orders, judgments and decrees made by the clerk shall have the same
effect as if made by the judge.
4. The judge may act as clerk ex officio, whenever the business of the
court requires.
5. A seal is authorized for the probate division of the circuit court
which shall be kept in the custody of the judge or the clerk of the
probate division. (L. 1955 p. 385 § 8, A.L. 1978 H.B. 1634)
Effective 1-2-79
The clerk and other nonjudicial personnel of the probate
division of circuit courts of any city not within a county shall be
appointed by the judge of the probate division with the consent of the
court en banc, unless otherwise provided by local court rule. (L. 2004
S.B. 1211)
1. Except as otherwise specifically provided in this code or by
supreme court rule, every document filed with the court under this code,
including but not limited to applications, petitions, claims, and demands
for notice, shall be signed by or on behalf of the petitioner or
claimant, and shall contain a statement that it is made under oath or
affirmation and that its representations are true and correct to the best
knowledge and belief of the person signing same, subject to the penalties
of making a false affidavit or declaration.
2. No defect of form or substance in any document invalidates any
proceedings after judgment on the document. (L. 1955 p. 385 § 9, A.L.
1980 S.B. 637)
Effective 1-1-81
Any interested person, on or before the day set for hearing, may
file written objections to a petition previously filed, and, upon special
order or general rule of the court, objections to a petition shall be
filed in writing as a prerequisite of being heard by the court. (L. 1955
p. 385 § 10)
1. No notice to interested persons need be given except as
specifically provided for in this code or as ordered by the court. When
no notice is required by this code, the court may require such notice as
it deems desirable by a general rule or by an order in a particular case.
2. Except as otherwise specifically provided by law, all notices required
by this code or the court to be served upon any person shall be served as
the court directs, by rule or otherwise, in such manner and at such time
as to constitute reasonable notice, in any of the following manners:
(1) By delivering to the person, including a minor or a disabled or
incapacitated person not known to have a legally appointed guardian or
conservator, a copy of the notice personally or by leaving a copy at his
dwelling house or usual place of abode with some person of his family
over the age of fifteen years, or by delivering a copy to an agent
authorized by appointment or required by law to receive service of
process;
(2) By publishing a copy of the notice in some newspaper qualified to
publish legal notices under chapter 493, RSMo, and having general
circulation within the county in which the court is held for the time
required by law or court rule or order. If no time is fixed by law or by
rule of court, the notice shall be published once each week for four
consecutive weeks, the last insertion being at least seven days before
the hearing. The personal representative, or other person at whose
instance any notice by publication is required, may designate the
newspaper in which such notice is to be published; but as to any notice
which is necessary to the jurisdiction of the court, the clerk shall
designate the newspaper unless the personal representative or other
person has made such designation and so informed the clerk in writing
before the time for commencement of publication. If there is no qualified
newspaper published in the county, the notice shall be published in some
qualified newspaper published in an adjoining county which has a general
circulation within the county in which the court is held or the notice
shall be given by posting copies thereof in ten public places in the
county as the court directs. If a notice, which is required to be
published once a week for more than one time, is published in a daily
newspaper, each publication after the first shall appear on the same day
of the week on which the first publication was made;
(3) By registered or certified mail, addressed to the person to be
notified at his address within the United States, deposited in the United
States mail, with all postage charges prepaid, and, if ordered by the
court, with a return receipt requested;
(4) By ordinary mail, deposited in the United States mail with all
postage charges prepaid at the first class rate, in a sealed envelope or
on a post or postal card, properly addressed, bearing the name and return
address of the sender and otherwise inscribed in accordance with the
regulations of the United States Postal Service to require a return
thereof to the sender upon nondelivery to the addressee;
(5) By any combination of the above or as may be provided by the rules of
civil procedure.
3. Service by publication is notice to all heirs and devisees, whether
known or unknown or whether residents or nonresidents of this state,
spouses and to all creditors and other persons interested in the estate.
4. Provisions in this code for notice to interested persons, other than
by publication, do not require such notice to creditors unless otherwise
specifically required by the code or by the court.
5. Service of notice upon a minor or a disabled or incapacitated person
having a legally appointed guardian or conservator, if the fact of the
guardianship or conservatorship is known to the person requiring such
service or is disclosed by the court files or records, shall be made by
serving such guardian or conservator in the manner provided herein for
service upon other persons. Service upon a corporation may be made in the
manner provided by law for the service of summons on corporations in
civil actions.
6. In all cases where service by publication is required but personal
service or service by registered or certified mail is not ordered, all
interested persons whose names and addresses appear in the court files or
records, including creditors only when ordered by the court, shall be
served by ordinary mail. Failure in any such case to mail any notice or
failure of any interested person to receive any mailed notice does not
invalidate any order of the court or deprive the court of jurisdiction.
7. Personal service and service by registered or certified mail may be
made by any competent witness, except that service by mail of any
process, order or notice issued by the court shall be made by the clerk,
or, if personal service is required, by the sheriff. Service by
publication and by ordinary mail, except those required by section
473.587, RSMo, shall be made by the clerk when requested in writing by
the party requiring same, and when furnished with the necessary
information therefor.
8. If an attorney has entered his appearance in writing for any party in
any probate proceeding or matter pending in the court, all notices
required to be served on the party in the proceeding or matter may be
served on the attorney and such service shall be in lieu of service upon
the party for whom the attorney appears. Service on an attorney may be
made by ordinary mail or by leaving a copy of any notice or paper at his
office with his clerk or with an attorney employed by or associated with
the attorney to be served. (L. 1955 p. 385 § 11, A.L. 1957 p. 829, A.L.
1980 S.B. 637, A.L. 1983 S.B. 44 & 45)
(1962) Weekly newspaper did not forfeit right theretofore vested in it to
publish legal notices by suspending publication the last week in December
of one year for vacation purposes and where it resumed continuous weekly
publications after the procedure was questioned. State ex rel. Henderson
v. Proctor (Mo.), 361 S.W.2d 802.
Proof of service in all cases requiring notice whether by
publication, mailing or otherwise, shall be filed before the hearing.
Service made by a private person shall be proved by the affidavit of the
person or by acknowledgment of service; service made by the clerk,
sheriff or other official shall be proved by certificate or return of
service. Proof of service by publication shall be made in the form of the
affidavit prescribed by section 493.060, RSMo. In the case of service by
registered or certified mail, where the court requires a return receipt,
the return receipt shall be attached to the proof of service if a receipt
has been received; if no receipt has been received, or in case a notice
served by ordinary mail is returned to the sender, the court may, in its
discretion, order further service on the party. (L. 1955 p. 385 § 12,
A.L. 1957 p. 829, A.L. 1980 S.B. 637)
Effective 1-1-81
At any time in its discretion and upon such terms as it deems
just, the court may allow any process, return or proof of service thereof
to be amended, unless it clearly appears that material prejudice would
result to the substantial rights of the party against whom the process
issued. (L. 1955 p. 385 § 12A)
Any person legally competent may in person or by attorney waive
in writing any notice required by this code or by rule or order of court.
A personal representative may make waiver either in person or by
attorney. A guardian of the estate, conservator, or a guardian ad litem
may make a waiver on behalf of his protectee or ward, and a trustee may
make a waiver on behalf of the trust. A consul or other representative of
a foreign government, whose appearance has been entered as provided by
law on behalf of any person residing in a foreign country, may make
waiver of notice on behalf of such person. Any person who submits to the
jurisdiction of the court in any hearing waives notice thereof. (L. 1955
p. 385 § 14, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)
Any heir, devisee, or the guardian or conservator of any heir or
devisee under disability then interested in the estate may waive, in
writing, any requirement imposed upon the personal representative by the
provisions of chapter 472, 473, or 474, RSMo, of this code; provided,
that such waiver does not adversely affect the rights of creditors or
other persons interested in the estate. (L. 1980 S.B. 637)
Effective 1-1-81
1. A record shall be kept in any adversary probate proceeding in
a probate division of the circuit court. At the discretion of the judge,
but in compliance with the rules of the supreme court, the record may be
a stenographic record or one made by the utilization of electronic,
magnetic, or mechanical sound or video recording devices.
2. "Adversary probate proceeding" as used in this section and in section
472.141 means any proceeding brought pursuant to any provision of
chapters 472, 473, 474, and 475, RSMo, which requires, as a condition
precedent to an entry of an order or judgment on the merits, notice of
hearing to persons interested in the proceeding, except that proceedings
to sell real property or to make final settlement and except that notices
that letters have been granted, for unknown heirs, to file interim
settlements, of the right of the surviving spouse to elect to take
against the will and in guardianship estates in which the Veterans
Administration is a party in interest as to petitions by the conservator
to disburse funds and as to settlements of conservators shall not be
deemed to be adversary unless and until an interested person files
objections to the action proposed or the account stated. An "adversary
probate proceeding" shall also mean any other probate proceeding
determined by the judge of the probate division to be an adversary
proceeding.
3. The judge on his motion, or on the request of an interested person,
may direct the keeping of a record of any hearing in a probate
proceeding. The judge in his discretion may require the party requesting
the record to give security for the payment of the costs thereof and may
assess the costs of making the record against any party to the
proceedings. (L. 1955 p. 385 § 15, A.L. 1978 H.B. 1634, A.L. 1986 H.B.
1297)
1. An adversary probate proceeding shall be governed by the
civil code of Missouri and the rules of civil procedure; except that:
(1) Where the probate code or any other statute contains a provision
prescribing practice, procedure or pleading, applicable to the pending
proceeding, the provisions of the probate code or such statutes shall
govern; and
(2) The provisions of chapter 509, RSMo, and civil rule 55 shall not
apply unless specifically made applicable by a provision in the probate
code or unless the court enters an order designating all or specific
provisions of chapter 509, RSMo, or civil rule 55 applicable to a
particular adversary probate proceeding.
2. If a proceeding is already commenced when the court determines it to
be adversary, the court may, on its own motion or on motion of any
interested person, enter an order specifying the appropriate provisions
of chapter 509, RSMo, or civil rule 55, which shall govern the proceeding.
3. The civil code of Missouri and the rules of civil procedure shall
govern all other actions or proceedings which may be heard by a judge of
the probate division pursuant to assignment or otherwise, except as
otherwise provided by law. (L. 1978 H.B. 1634, A.L. 1986 H.B. 1297)
For good cause, before the expiration of the period allowed for
appeal after the order of final distribution of the administration of the
estate of a decedent or ward, the court may vacate or modify its orders,
judgments and decrees, or grant a rehearing therein, except that no such
power shall exist as to any orders, judgments or decrees from which an
appeal has been taken, prior to a final disposition thereof on such
appeal, or to set aside the probate of a will after the time allowed for
contest thereof. No vacation or modification under this section affects
any act done or any right acquired in reliance on any such order,
judgment or decree. (L. 1955 p. 385 § 16)
(1957) Motion to cancel and revoke letters of administration held direct
and not collateral attack on order granting same in view of this section.
In re Estate of Dugan (A.), 309 S.W.2d 137.
1. Any interested person aggrieved thereby may appeal to the
appropriate appellate court from the order, judgment or decree of the
probate division of the circuit court in any of the following cases:
(1) On the allowance of any claim against an estate exceeding one hundred
dollars;
(2) On all settlements of the personal representative;
(3) On all apportionments among creditors, legatees or distributees;
(4) On all orders directing the payment of legacies, making distribution
or making allowances to the surviving spouse or unmarried minor children;
(5) On all orders for the sale of assets of the probate estate;
(6) On all orders for the sale of real estate;
(7) On judgments for waste;
(8) On proceedings to recover balances escheated to the state;
(9) On all orders revoking letters testamentary or of administration;
(10) On orders making allowances for the expenses of administration;
(11) On orders for the specific execution of contracts;
(12) On orders compelling legatees and distributees to refund;
(13) On all orders denying any of the foregoing requested actions;
(14) In all other cases where there is a final order or judgment of the
probate division of the circuit court under this code except orders
admitting to or rejecting wills from probate.
2. No appeal shall be allowed from any order or denial of an order made
by the clerk under section 472.070 unless a motion to modify or vacate
such order has been denied by the court, but no such motion is necessary
to an appeal from any order made, denied or refused by the judge. (RSMo
1939 § 283, A.L. 1955 p. 385 § 17, A.L. 1957 p. 829, A.L. 1978 H.B. 1634,
A.L. 1980 S.B. 637)
Prior revisions: 1929 § 284; 1919 § 282; 1909 § 289
Effective 1-1-81
(1966) The right to appeal and whether an appellant is a party aggrieved
within the meaning of §§ 472.160 and 512.020 are jurisdictional questions
which may be raised at any time and by the court itself. In re Fusz'
Estate (Mo.), 397 S.W.2d 595.
(1967) For a party to have the right of appeal as "aggrieved" by the
judgment he must have a direct pecuniary interest in the result of the
litigation. In re Estate of Soengen (A.), 412 S.W.2d 533.
(1969) There is no right of appeal from a probate court order vacating a
void judgment. State ex rel. Travelers Indemnity Co. v. Swink (A.), 440
S.W.2d 152.
(1971) A natural mother qualifies as an "interested person" in the
appointment of a guardian for the child's estate, and, having a right to
such appointment "if otherwise qualified" a mother would be aggrieved by
a final order of the probate court which disqualified her from that
office with right of appeal to circuit court. State ex rel. Pope v. Lisle
(A.), 469 S.W.2d 841.
(1974) Held that order for partial compensation of attorney was not a
final judgment and was not appealable. In re the Estate of Ritter (A.),
510 S.W.2d 188.
(1974) Held that an order to sell personal property in order to satisfy a
tax lien is not an appealable order under this section. Poletti v. Estate
of Poletti (A.), 510 S.W.2d 850.
(1992) Where court issued order advising that it would issue letters of
administration to decedent's putative son and denied motion of decedent's
family to prevent such appointment, such order is not appealable. Family
did not wait until letters were issued and then move to revoke the
letter. Statute authorizes an appeal of an order denying the revocation
of letters. Matter of Nocita, 845 S.W.2d 574 (Mo. App. E.D.).
1. Appeals shall be allowed from the probate division of the
circuit court to the appropriate appellate court in any case in which a
final adjudication in an investigation of the mental condition of any
person alleged to be disabled, incapacitated, or mentally ill has been
made. The appeal may be made by the petitioner who applied for such
adjudication, or by the person alleged to be disabled, incapacitated, or
mentally ill, or by any relative of such person, or by any reputable
citizen of the county in which the hearing occurred, or by an attorney
for any of the foregoing persons. Such an appeal shall not operate as a
supersedeas pending the determination of such appeal of any such
adjudication or any order or judgment of the probate division based upon
such adjudication except to the extent it is specifically provided by the
probate division in an order entered at the time of or after the notice
of appeal has been filed. The probate division shall in such order allow
supersedeas of any order or judgment of commitment or confinement of such
person unless it is found that such person by reason of his mental
condition is so far disordered in his mind as to endanger his own person
or the person or property of others; and the probate division may, in its
discretion, allow supersedeas of such adjudication and other orders and
judgments of the probate division based thereon, in whole or in part.
2. If the probate division of the circuit court finds that the alleged
disabled person is incapable of managing his affairs and refuses to allow
supersedeas, the probate division of the circuit court may appoint a
guardian ad litem to collect, protect, and preserve the alleged disabled
person's assets and, on order of the circuit court, disburse funds for
the necessary support and maintenance of the alleged disabled person and
those members of his family who are dependent upon him. The appointment
of the guardian ad litem as well as the decision of the probate division
of the circuit court as to supersedeas may be reviewed by the appellate
court on motion by an interested party at any time after the notice of
appeal has been filed. (RSMo 1939 § 284, A.L. 1955 p. 385 § 18, A.L. 1965
p. 632, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)
Prior revision: 1929 § 285
All appeals shall be taken within the time prescribed by the
rules of civil procedure relating to appeals. (RSMo 1939 § 285, A.L. 1955
p. 385 § 21, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 286; 1919 § 283; 1909 § 290
Effective 1-2-79
When an appeal is taken from any appealable order, judgment or
decree in the administration of a decedent's estate, made prior to the
decree of final settlement and distribution, the probate division of the
circuit court, in its discretion, and if no person is prejudiced thereby,
may order that the appeal be stayed until the decree of final
distribution is made and that the appeal be heard only as a part of any
appeal which may be taken from the decree of final settlement and
distribution. This section does not apply to guardianships. (L. 1955 p.
385 § 19, A.L. 1978 H.B. 1634)
Effective 1-2-79
Appeals shall be taken in accordance with the rules of civil
procedure relating to appeals. (RSMo 1939 § 286, A.L. 1955 p. 385 § 22,
A.L. 1965 p. 633, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 287; 1919 § 284; 1909 § 291
Effective 1-2-79
1. The court shall keep the following:
(1) An index in which files, pertaining to estates of deceased persons,
shall be indexed under the name of the decedent, and those pertaining to
guardianships and conservatorships under the name of the ward and
protectee; after the name of each file shall be shown the file and
register number and the book and page of the register;
(2) A register, arranged in numerical order, in which shall be listed in
chronological order under the file and register number and the name of
the decedent or ward or protectee, all documents filed or issued and all
orders, judgments and decrees made pertaining to the estate, the date
thereof, and a reference to the volume and page of any other book in
which any record has been made of such order or document;
(3) An abstract of all judgments of other courts filed and of all claims
established in the probate division of the circuit court against the
estate of each decedent which shall show their amount, date and class,
and to whom payable;
(4) A record of wills exhibited to be proven properly indexed, in which
shall be recorded such wills, together with the proof thereof and the
certificate of probate or rejection thereof;
(5) A record of bonds, in which shall be recorded all bonds filed;
(6) A record of letters, in which shall be entered all letters issued;
(7) A record of inventories, in which shall be recorded all inventories
and appraisements;
(8) A record of settlements in which shall be recorded the accounts and
settlements of all personal representatives, conservators, and guardians;
(9) A record of probate proceedings, which shall contain all orders,
judgments and decrees of the court;
(10) A record of the minutes of the proceedings of the court.
2. All vouchers and receipts in any estate filed in the court may be
destroyed on order of the court after they have been on file for a period
of five years after final termination of administration proceedings in
the estate.
3. Other provisions of law to the contrary notwithstanding, any records
required to be kept by the probate division of the circuit court under
subsection 1 of this section or by any other law may be kept and
maintained by means other than bound volumes of paper pages, including
such means as photography, microphotography, photostatic process,
electrostatic process, facsimile reproduction, perforated tape, magnetic
tape or other electromagnetic means, electronic data processing,
machine-readable media, graphic or video display, or any combination
thereof. All courts keeping records and information by any of the
aforesaid means shall keep and have readily available to the public the
necessary machines and equipment to present the records and information
in a readily readable form; and, further, the courts shall properly and
adequately index such records and information so that the same shall be
readily retrievable. (L. 1955 p. 385 § 29, A.L. 1969 S.B. 81, A.L. 1978
H.B. 1634, A.L. 1983 S.B. 44 & 45)
In proceedings under this code the rules of evidence in circuit
courts, including any relating to simultaneous deaths, are applicable
unless specifically displaced by the code. In addition, the following
rules relating to determination of death and status are applicable:
(1) A certified or authenticated copy of a death certificate issued by an
official or agency of the place where the death occurred is prima facie
proof of the fact, place, date, time of death, and the identity of the
decedent;
(2) A certified or authenticated copy of any record or report of a
governmental agency, domestic or foreign, that a person is missing,
detained, dead, or alive is prima facie evidence, sufficient to support a
judicial finding, of the status and of the dates, circumstances, and
places disclosed by the record or report;
(3) A person who is absent for a continuous period of five years, during
which time he has not been heard from, and whose absence is not
satisfactorily explained after diligent search or inquiry, is presumed to
be dead. His death is presumed to have occurred at the end of the period
unless there is sufficient evidence for determining that death occurred
earlier. (L. 1980 S.B. 637)
Effective 1-1-81
In judicial proceedings involving trusts or estates of
decedents, minors, disabled and incapacitated persons, and in judicially
supervised settlements, the following apply:
(1) Interests to be affected shall be described in pleadings which give
reasonable information to owners by name or class, by reference to the
instrument creating the interest, or in other appropriate manner;
(2) Persons are bound by orders binding others in the following cases:
(a) Orders binding the sole holder or all coholders of a power of
revocation or a presently exercisable general power of appointment,
including one in the form of a power of amendment, bind other persons to
the extent their interests, as objects, takers in default, or otherwise,
are subject to the power;
(b) To the extent there is no conflict of interest between them or among
persons represented, orders binding a guardian bind the ward; orders
binding a conservator bind the protectee; orders binding a trustee bind
beneficiaries of the trust in proceedings to probate a will establishing
or adding to a trust, to review the acts or accounts of a prior fiduciary
and in proceedings involving creditors or other third parties; and orders
binding a personal representative bind persons interested in the
undistributed assets of a decedent's estate in actions or proceedings by
or against the estate. If there is no conflict of interest and no
conservator or guardian has been appointed, a parent may represent and
bind his minor child;
(c) An unborn or unascertained person who is not otherwise represented is
bound by an order to the extent his interest is adequately represented by
another party having a substantially identical interest in the proceeding;
(3) Notice is required as follows:
(a) Notice as prescribed by section 472.100 shall be given to every
interested person, or to one who can bind an interested person as
described in paragraphs (a) and (b) of subdivision (2) above. Notice may
be given both to a person and to another who may bind him;
(b) Notice is given to unborn or unascertained persons, who are not
represented under paragraph (a) or (b) of subdivision (2) above, by
giving notice to all known persons whose interests in the proceedings are
substantially identical to those of the unborn or unascertained persons;
(4) At any point in a proceeding, a court may appoint a guardian ad litem
to represent the interest of a minor, an incapacitated, disabled, unborn,
or unascertained person, or a person whose identity or address is
unknown, if the court determines that representation of the interest
otherwise would be inadequate. If not precluded by conflict of interests,
the same guardian ad litem may be appointed to represent several
different persons or interests. (L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)
The relevant provisions of chapters 472 through 474, RSMo, apply
to independent administration of decedents' estates to the extent that
they are not inconsistent with sections 473.780 to 473.843 and 474.293,
RSMo. (L. 1980 S.B. 634)
Effective 1-1-81
Notwithstanding any other provision of this chapter, chapter
473, RSMo, chapter 474, RSMo, and chapter 475, RSMo, to the contrary,
upon a finding that an act or transaction was or is in the best interest
of the estate, the court may approve, ratify, confirm and validate any
act or transaction performed by the personal representative of the
estate, without court authorization which the court would have had power
under this chapter, chapter 473, RSMo, and chapter 474, RSMo, to
authorize the personal representative to conduct. (L. 1993 S.B. 88 § 2)
The power of the court to approve, ratify, confirm and validate
acts or transactions entered into by a personal representative of the
estate without court authorization includes, without limitation,
retention of real or personal property, compromises of claims by and
against the estate, investments, purchases, sales, mortgages, exchanges,
abandonment, leases of any duration, improvements, contracts to improve,
contracts to sell, contracts to purchase, and contracts to exchange and
grants of options, easements, profits or other rights with respect to
land or other property. It also includes, without limitation, payment of
a mortgage indebtedness on the real estate of the decedent out of the
personal estate and purchase of real estate at a sale made under a
mortgage, deed of trust, vendor's lien or other lien held by the
decedent. (L. 1993 S.B. 88 § 3)
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