Her entitlement to a portion of the estate will thus be determined by the probate court. Brothers subsequently filed a Petition for Declaratory Judgment in the circuit court against Widow, seeking to bar Widow's statutory claim against Decedent's estate by application of Section 474.140 RSMo. 1994, arguing that she had abandoned the Decedent without good cause and had lived apart from him for more than eight years preceding his death. Pursuant to the Brothers' action, the circuit court would have determined Widow's entitlement to a portion of the estate. Brothers have asserted a defense to Widow's claim as a separate action, rather than opposing her claim in the probate division.
Brothers are correct that concurrent jurisdiction exists.
Id., citing State ex rel. In the case at bar, adequate relief is available to Brothers in the probate court. We find that the Brothers' action in circuit court is barred by the doctrine of abatement, and that the probate court has jurisdiction over all matters relating to Decedent's estate. The judgment of the trial court granting Widow's motion to dismiss is affirmed.