Mo. Rev. Stat. » Chapter 472
Missouri Revised Statutes

Mo. Rev. Stat. § 472.020 (2026)

Jurisdiction of probate division of circuit court

✓ current as of May 2026
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  472.020.  Jurisdiction of probate division of circuit court. — The probate division of the circuit court may hear and determine all matters pertaining to probate business, to granting letters testamentary and of administration, the appointment of guardians and conservators of minors and incapacitated and disabled persons, settling the accounts of personal representatives and conservators, and the sale or leasing of lands by personal representatives and conservators, including jurisdiction of the construction of wills as an incident to the administration of estates, of the determination of heirship, of the administration of testamentary and inter vivos trusts, of disability and incapacity proceedings as provided by law and of such other probate business as may be prescribed by law.

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(RSMo 1939 § 2437, A.L. 1955 p. 385 § 3, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 2406; 1919 § 2542; 1909 § 4056

(1959) Court stated "the General Assembly, in its representative capacity, is free to exercise all the primary power of the people in conferring such uniform equitable jurisdiction" referring to jurisdiction in "matters pertaining to probate business".  North v. Hawkinson (Mo.), 324 S.W.2d 733.

(1962) Judgment of trial court ordering writ of mandamus to compel probate judge to assume jurisdiction of testamentary trust reversed and supreme court refused to rule on constitutionality of provision conferring jurisdiction of testamentary trusts on probate court where record did not show facts sufficient to present issues for determination. State v. Bradley (Mo.), 358 S.W.2d 38.

(1964) Appointment by probate court of successor trustee of testamentary trust held void and sections 472.020 and 456.225 declared unconstitutional insofar as they purport to grant jurisdiction over testamentary trusts to the probate court. First National Bank of Kansas City v. Mercantile B. & T. Co. (Mo.), 376 S.W.2d 164.

Notes of Decisions
Cited in 49 cases (3 in the last 5 years), 1959–2024 · leading case: North v. Hawkinson, 324 S.W.2d 733 (Mo. 1959).
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North v. Hawkinson, 324 S.W.2d 733 (Mo. 1959). · cites it 12× “" Section 472.020 follows the outline of Mo.”
Jones v. State, 565 S.W.3d 704 (Mo. Ct. App. 2018). · cites it 5× “That same inherent limitation is contained in § 472.020, which states that the probate division of the circuit court is authorized to "hear and determine all matters pertaining to probate business.”
State ex rel. Waller v. Tobben, 529 S.W.3d 21 (Mo. Ct. App. 2017). · cites it 6× “02(k) under the facts alleged in the petition. Relators further argue the circuit court cannot declare John’s general competency or mental capacity as this action lies within the “exclusive jurisdiction” of the Probate Division citing § 472.”
Webb v. First Nat'l Bank & Trust Co. of Joplin, 602 S.W.2d 780 (Mo. Ct. App. 1980). · cites it 3× “Jurisdiction over all matters pertaining to probate business, including jurisdiction to determine heirship was confided to the probate court by §§ 472.020 and 473.617, RSMo 1969, which were in effect when this case was tried.”
Graham v. Manche, 974 S.W.2d 580 (Mo. Ct. App. 1998). · cites it 3× “Section 472.020 RSMo (1994). This statute grants the probate division power exclusive jurisdiction “in probate matters.”
Younghaus v. Lakey, 559 S.W.2d 30 (Mo. Ct. App. 1977). · cites it 3× ““The probate court has jurisdiction over all matters pertaining to probate business * * * including jurisdiction of * * * the determination of heirship * * Section 472.020, RSMo 1969; and “in its decree of final distribution, * * * shall designate the persons to whom distri- *32…”
Missouri Prot. & Advocacy Servs., Inc. v. Carnahan, 499 F.3d 803 (8th Cir. 2007). “See Mo.Rev.Stat. §§ 472.020, 478.070. 4 . The parties agree that the ban on voting in § 115.”
In Re the Est. of Washington, 277 S.W.3d 777 (Mo. Ct. App. 2009). · cites it 3× “See Section 472.020 RSMo.2000; Section 472.030 RSMo.”
In Re the Est. of Myers, 376 S.W.2d 219 (Mo. 1964). · cites it 4× “030, RSMo 1959, V.A.M.S. My view is limited to the proposition that the claim to recover trust funds from the estate of a decedent pertains to probate business (Art.”
Est. of Seabaugh, 654 S.W.2d 948 (Mo. Ct. App. 1983). · cites it 2× “§ 472.020, RSMo 1978, effective January 2, 1979.”
State Ex Rel. McCubbin v. Ginn, 347 S.W.2d 119 (Mo. 1961). · cites it 4× “020 RSMo 1949 was superceded by § 472.020 RSMo 1959, V.A.M.S. The difference in those two sections is slight and need not be further considered.”
In re S.J.M., 453 S.W.3d 340 (Mo. Ct. App. 2015). · cites it 2× “the appointment of guardians and conservators of minors and incapacitated, and disabled persons_” Mo.Rev.Stat. § 472.020. 1 The probate division has exclusive jurisdiction to hear guardianship cases.”
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