472.060. Disqualification of judge. - Missouri Statutes

Disqualification of judge.

472.060. No judge of probate shall sit in a case in which the judgeis interested, or in which the judge is biased or prejudiced against anyinterested party, or in which the judge has been counsel or a materialwitness, or when the judge is related to either party, or in thedetermination of any cause or proceeding in the administration andsettlement of any estate of which the judge has been personalrepresentative, conservator, or guardian, when any party in interestobjects in writing, verified by affidavit; and when the objections aremade, the cause shall be transferred to another judge, in accordance withthe provisions of section 478.255, RSMo, who shall hear and determine same;and the clerk of the circuit court or division clerk shall deliver to theprobate division of the circuit court a full and complete transcript of thejudgment, order or decree made in the cause, which shall be kept with thepapers 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.