472.030. Powers of court--executions, when returnable--service of process. - Missouri Statutes

Powers of court--executions, when returnable--service of process.

472.030. The probate division of the circuit court has thesame legal and equitable powers to effectuate and to enforce itsorders, judgments and decrees in probate matters as circuitjudges have in other matters and its executions shall be governedby chapter 513, RSMo, and the applicable supreme court rule,except that all executions shall be returnable within thirty daysunless otherwise ordered by the court. All process of the courtmay be served anywhere within the territorial limits of thestate.

(L. 1955 p. 385 § 4, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)

Effective 1-1-81

(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.

(1963) In re Meyers' Estate (A.), 368 S.W.2d 925.

(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.).