Effective - 28 Aug 1986
472.141. Proceedings to be conducted in accordance with rules of procedure — order after action commenced. — 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 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 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 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)
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.