472.020. Jurisdiction of probate division of circuit court. - Missouri Statutes

Jurisdiction of probate division of circuit court.

472.020. The probate division of the circuit court may hearand determine all matters pertaining to probate business, togranting letters testamentary and of administration, theappointment of guardians and conservators of minors andincapacitated and disabled persons, settling the accounts ofpersonal representatives and conservators, and the sale orleasing of lands by personal representatives and conservators,including jurisdiction of the construction of wills as anincident to the administration of estates, of the determinationof heirship, of the administration of testamentary and intervivos trusts, of disability and incapacity proceedings asprovided by law and of such other probate business as may beprescribed 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.