472.140. Record kept--adversary probate proceeding defined. - Missouri Statutes

Record kept--adversary probate proceeding defined.

472.140. 1. A record shall be kept in any adversary probateproceeding in a probate division of the circuit court. At thediscretion of the judge, but in compliance with the rules of thesupreme court, the record may be a stenographic record or onemade by the utilization of electronic, magnetic, or mechanicalsound or video recording devices.

2. "Adversary probate proceeding" as used in this sectionand in section 472.141 means any proceeding brought pursuant toany provision of chapters 472, 473, 474, and 475, RSMo, whichrequires, as a condition precedent to an entry of an order orjudgment on the merits, notice of hearing to persons interestedin the proceeding, except that proceedings to sell real propertyor to make final settlement and except that notices that lettershave been granted, for unknown heirs, to file interimsettlements, of the right of the surviving spouse to elect totake against the will and in guardianship estates in which theVeterans Administration is a party in interest as to petitions bythe conservator to disburse funds and as to settlements ofconservators shall not be deemed to be adversary unless and untilan interested person files objections to the action proposed orthe account stated. An "adversary probate proceeding" shall alsomean any other probate proceeding determined by the judge of theprobate division to be an adversary proceeding.

3. The judge on his motion, or on the request of aninterested person, may direct the keeping of a record of anyhearing in a probate proceeding. The judge in his discretion mayrequire the party requesting the record to give security for thepayment of the costs thereof and may assess the costs of makingthe record against any party to the proceedings.

(L. 1955 p. 385 § 15, A.L. 1978 H.B. 1634, A.L. 1986 H.B. 1297)