472.141. Proceedings to be conducted in accordance with rules of procedure--order after action commenced. - Missouri Statutes

Proceedings to be conducted in accordance with rules ofprocedure--order after action commenced.

472.141. 1. An adversary probate proceeding shall begoverned by the civil code of Missouri and the rules of civilprocedure; except that:

(1) Where the probate code or any other statute contains aprovision prescribing practice, procedure or pleading, applicableto the pending proceeding, the provisions of the probate code orsuch statutes shall govern; and

(2) The provisions of chapter 509, RSMo, and civil rule 55shall not apply unless specifically made applicable by aprovision in the probate code or unless the court enters an orderdesignating all or specific provisions of chapter 509, RSMo, orcivil rule 55 applicable to a particular adversary probateproceeding.

2. If a proceeding is already commenced when the courtdetermines it to be adversary, the court may, on its own motionor on motion of any interested person, enter an order specifyingthe appropriate provisions of chapter 509, RSMo, or civil rule55, which shall govern the proceeding.

3. The civil code of Missouri and the rules of civilprocedure shall govern all other actions or proceedings which maybe heard by a judge of the probate division pursuant toassignment or otherwise, except as otherwise provided by law.

(L. 1978 H.B. 1634, A.L. 1986 H.B. 1297)