472.100. Notice--court may require--how delivered. - Missouri Statutes

Notice--court may require--how delivered.

472.100. 1. No notice to interested persons need be givenexcept as specifically provided for in this code or as ordered bythe court. When no notice is required by this code, the courtmay require such notice as it deems desirable by a general ruleor by an order in a particular case.

2. Except as otherwise specifically provided by law, allnotices required by this code or the court to be served upon anyperson shall be served as the court directs, by rule orotherwise, in such manner and at such time as to constitutereasonable notice, in any of the following manners:

(1) By delivering to the person, including a minor or adisabled or incapacitated person not known to have a legallyappointed guardian or conservator, a copy of the noticepersonally or by leaving a copy at his dwelling house or usualplace of abode with some person of his family over the age offifteen years, or by delivering a copy to an agent authorized byappointment or required by law to receive service of process;

(2) By publishing a copy of the notice in some newspaperqualified to publish legal notices under chapter 493, RSMo, andhaving general circulation within the county in which the courtis held for the time required by law or court rule or order. Ifno time is fixed by law or by rule of court, the notice shall bepublished once each week for four consecutive weeks, the lastinsertion being at least seven days before the hearing. Thepersonal representative, or other person at whose instance anynotice by publication is required, may designate the newspaper inwhich such notice is to be published; but as to any notice whichis necessary to the jurisdiction of the court, the clerk shalldesignate the newspaper unless the personal representative orother person has made such designation and so informed the clerkin writing before the time for commencement of publication. Ifthere is no qualified newspaper published in the county, thenotice shall be published in some qualified newspaper publishedin an adjoining county which has a general circulation within thecounty in which the court is held or the notice shall be given byposting copies thereof in ten public places in the county as thecourt directs. If a notice, which is required to be publishedonce a week for more than one time, is published in a dailynewspaper, each publication after the first shall appear on thesame day of the week on which the first publication was made;

(3) By registered or certified mail, addressed to the personto be notified at his address within the United States, depositedin the United States mail, with all postage charges prepaid, and,if ordered by the court, with a return receipt requested;

(4) By ordinary mail, deposited in the United States mailwith all postage charges prepaid at the first class rate, in asealed envelope or on a post or postal card, properly addressed,bearing the name and return address of the sender and otherwiseinscribed in accordance with the regulations of the United StatesPostal Service to require a return thereof to the sender uponnondelivery to the addressee;

(5) By any combination of the above or as may be provided bythe rules of civil procedure.

3. Service by publication is notice to all heirs anddevisees, whether known or unknown or whether residents ornonresidents of this state, spouses and to all creditors andother persons interested in the estate.

4. Provisions in this code for notice to interested persons,other than by publication, do not require such notice tocreditors unless otherwise specifically required by the code orby the court.

5. Service of notice upon a minor or a disabled orincapacitated person having a legally appointed guardian orconservator, if the fact of the guardianship or conservatorshipis known to the person requiring such service or is disclosed bythe court files or records, shall be made by serving suchguardian or conservator in the manner provided herein for serviceupon other persons. Service upon a corporation may be made inthe manner provided by law for the service of summons oncorporations in civil actions.

6. In all cases where service by publication is required butpersonal service or service by registered or certified mail isnot ordered, all interested persons whose names and addressesappear in the court files or records, including creditors onlywhen ordered by the court, shall be served by ordinary mail.Failure in any such case to mail any notice or failure of anyinterested person to receive any mailed notice does notinvalidate any order of the court or deprive the court ofjurisdiction.

7. Personal service and service by registered or certifiedmail may be made by any competent witness, except that service bymail of any process, order or notice issued by the court shall bemade by the clerk, or, if personal service is required, by thesheriff. Service by publication and by ordinary mail, exceptthose required by section 473.587, RSMo, shall be made by theclerk when requested in writing by the party requiring same, andwhen furnished with the necessary information therefor.

8. If an attorney has entered his appearance in writing forany party in any probate proceeding or matter pending in thecourt, all notices required to be served on the party in theproceeding or matter may be served on the attorney and suchservice shall be in lieu of service upon the party for whom theattorney appears. Service on an attorney may be made by ordinarymail or by leaving a copy of any notice or paper at his officewith his clerk or with an attorney employed by or associated withthe attorney to be served.

(L. 1955 p. 385 § 11, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)

(1962) Weekly newspaper did not forfeit right theretofore vested in it to publish legal notices by suspending publication the last week in December of one year for vacation purposes and where it resumed continuous weekly publications after the procedure was questioned. State ex rel. Henderson v. Proctor (Mo.), 361 S.W.2d 802.