reglab/housing_qa huggingface dataset:
MO Rev Stat § 472.020 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.020 - Jurisdiction of probate division of circuit court.

Effective - 28 Aug 1983   472.020. Jurisdiction of probate division of circuit court. — 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.
MO Rev Stat § 472.025 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.025 - State may be party to proceedings — service.

Effective - 01 Jan 1981   472.025. State may be party to proceedings — service. — Proceedings may be conducted under section 473.083 or any other section of chapters 472 and 473 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 1-01-81
MO Rev Stat § 472.030 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.030 - Powers of court — executions, when returnable — service of process.

Effective - 01 Jan 1981   472.030. Powers of court — executions, when returnable — service of process. — 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 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 1-01-81  (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. (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.)
MO Rev Stat § 472.040 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.040 - Costs.

Effective - 02 Jan 1979   472.040. Costs. — 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 1-02-79  CROSS REFERENCE:  Probate fees, 483.580
MO Rev Stat § 472.050 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.050 - Court open, when — sessions — time for acts.

Effective - 02 Jan 1979   472.050. Court open, when — sessions — time for acts. — 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 1-02-79
MO Rev Stat § 472.060 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.060 - Disqualification of judge.

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.
MO Rev Stat § 472.070 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.070 - Powers of clerk.

Effective - 02 Jan 1979   472.070. Powers of clerk. — 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 1-02-79
MO Rev Stat § 472.075 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.075 - Clerk and certain personnel of probate division to be appointed by judge (St. Louis City).

Effective - 28 Aug 2004   472.075. Clerk and certain personnel of probate division to be appointed by judge (St. Louis City). — 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)
MO Rev Stat § 472.080 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.080 - Documents filed with court, form — content.

Effective - 01 Jan 1981   472.080. Documents filed with court, form — content. — 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 1-01-81
MO Rev Stat § 472.090 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.090 - Objections to petition, form.

Effective - 28 Aug 1955   472.090. Objections to petition, form. — 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)
MO Rev Stat § 472.110 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.110 - Proof of service.

Effective - 01 Jan 1981   472.110. Proof of service. — 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. 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 1-01-81
MO Rev Stat § 472.120 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.120 - Amendment of proof of service.

Effective - 28 Aug 1955   472.120. Amendment of proof of service. — 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)
MO Rev Stat § 472.130 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.130 - Waiver of notice.

Effective - 28 Aug 1983   472.130. Waiver of notice. — 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)
MO Rev Stat § 472.135 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.135 - Waiver of legal requirements, when — limitation on waiver.

Effective - 01 Jan 1981   472.135. Waiver of legal requirements, when — limitation on waiver. — 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 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 1-01-81
MO Rev Stat § 472.140 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.140 - Record kept — adversary probate proceeding defined.

Effective - 28 Aug 1986   472.140. Record kept — adversary probate proceeding defined. — 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 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)
MO Rev Stat § 472.141 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.141 - Proceedings to be conducted in accordance with rules of procedure — order after action commenced.

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)
MO Rev Stat § 472.150 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.150 - Vacation and modification of judgments.

Effective - 28 Aug 1955   472.150. Vacation and modification of judgments. — 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.
MO Rev Stat § 472.170 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.170 - Appeals from orders as to mental condition — procedure — operates as supersedeas, when — appointment of guardian — review.

Effective - 28 Aug 1983   472.170. Appeals from orders as to mental condition — procedure — operates as supersedeas, when — appointment of guardian — review. — 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
MO Rev Stat § 472.180 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 472 - Probate Code — General Provisions|Section 472.180 - Time for appeal.

Effective - 02 Jan 1979   472.180. Time for appeal. — 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 1-02-79