Effective - 28 Aug 2005
472.060. Disqualification of judge. — 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, 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.
Structure Missouri Revised Statutes
Title XXXI - Trusts and Estates of Decedents and Persons Under Disability
Chapter 472 - Probate Code — General Provisions
Section 472.005 - Application, when — effect on pending proceedings and rights.
Section 472.010 - Definitions.
Section 472.013 - Fraud under probate code — remedy — procedure.
Section 472.020 - Jurisdiction of probate division of circuit court.
Section 472.025 - State may be party to proceedings — service.
Section 472.030 - Powers of court — executions, when returnable — service of process.
Section 472.050 - Court open, when — sessions — time for acts.
Section 472.060 - Disqualification of judge.
Section 472.070 - Powers of clerk.
Section 472.080 - Documents filed with court, form — content.
Section 472.090 - Objections to petition, form.
Section 472.100 - Notice — court may require — how delivered.
Section 472.110 - Proof of service.
Section 472.120 - Amendment of proof of service.
Section 472.130 - Waiver of notice.
Section 472.135 - Waiver of legal requirements, when — limitation on waiver.
Section 472.140 - Record kept — adversary probate proceeding defined.
Section 472.150 - Vacation and modification of judgments.
Section 472.160 - Appeal — when — grounds for.
Section 472.180 - Time for appeal.
Section 472.190 - Appeals stayed or consolidated, when.
Section 472.210 - Appeals, procedure.
Section 472.290 - Rules of evidence to apply — exceptions — specific rules.
Section 472.320 - Independent administration of decedents' estates — application of probate code.
Section 472.330 - Approval of act or transaction in best interests of estate.
Section 472.335 - Power of court to confirm and validate acts — acts included.
Section 472.400 - Citation of law.
Section 472.405 - Definitions.
Section 472.410 - Applicability.
Section 472.430 - Disclosure to personal representative of user's estate, when.
Section 472.435 - Catalogue of electronic communications disclosed to personal representative, when.
Section 472.440 - Disclosure to agent, when.
Section 472.445 - Catalogue of electronic communications, disclosure to agent, when.
Section 472.450 - Disclosures to trustee.
Section 472.455 - Content of electronic communication, disclosure to trustee, when.
Section 472.460 - Catalogue of electronic communications, disclosure to trustee, when.
Section 472.465 - Conservator access, opportunity for hearing — disclosures to conservator, when.
Section 472.480 - Construction of act, considerations.