Missouri Revised Statutes

Mo. Rev. Stat. § 472.030 (2026)

Powers of court

✓ current as of May 2026
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  472.030.  Powers of court — executions, when returnable — service of process. — The probate division of the circuit court has the same legal and equitable powers to effectuate and to enforce its orders, judgments and decrees in probate matters as circuit judges have in other matters and its executions shall be governed by chapter 513 and the applicable supreme court rule, except that all executions shall be returnable within thirty days unless otherwise ordered by the court.  All process of the court may be served anywhere within the territorial limits of the state.

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(L. 1955 p. 385 § 4, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)

Effective 1-01-81

(1961) This section is not a grant to probate courts of jurisdiction in purely equitable matters. Whatever equitable powers a probate court may exercise by virtue of this section must be employed in the discharge of its jurisdiction in probate matters. Stark v. Moffit (A.), 352 S.W.2d 165.

(1964) Where deceased, collecting agent of gas company, wrongfully deposited collections in his personal account, deposit created trust fund for benefit of gas company and the tracing of collections into the bank account was a proper exercise of equitable powers by the probate court. In re Meyers' Estate (Mo.), 376 S.W.2d 219.

(1987) Order granting special notice of probate hearings to interested person pursuant to this section was not subject to interlocutory appeal. Cordes v. Caldwell, 731 S.W.2d 463 (Mo.App.)

Notes of Decisions
Cited in 27 cases, 1959–2018 · leading case: In Re the Est. of Myers, 376 S.W.2d 219 (Mo. 1964).
In Re the Est. of Myers, 376 S.W.2d 219 (Mo. 1964). · cites it 19× “I think the majority opinion reaches the correct result but that it goes beyond what is necessary to dispose of the case in discussing the statutes and especially § 472.”
Johnson v. Patrick, 807 S.W.2d 552 (Mo. Ct. App. 1991). · cites it 7× “The Probate Code of 1955 gave the probate court “the same legal and equitable powers to effectuate and to enforce its orders, judgments and decrees in probate matters as the circuit court has in other matters_” Section 472.030, RSMo 1959. The language of the current version of §…”
In re Est. of Mickels, 542 S.W.3d 311 (Mo. 2018). · cites it 5× “Section 472.030, RSMo 2000, provides, "The probate division of the circuit court has the same legal and equitable powers to effectuate and to enforce its orders, judgments and decrees in probate matters as circuit judges have in other matters.”
Matter of Est. of Mitchell, 610 S.W.2d 681 (Mo. Ct. App. 1980). · cites it 3× “Section 472.030 RSMo 1978; In re Myer’s Estate, 376 S.”
Kelly v. Kelly, 245 S.W.3d 308 (Mo. Ct. App. 2008). · cites it 2× “” Section 472.030. But, the circuit court that granted the dissolution also retains jurisdiction of the child and is a proper forum to determine fitness or custody.”
North v. Hawkinson, 324 S.W.2d 733 (Mo. 1959). · cites it 4× “" Section 472.030 provides: "The court has the same legal and equitable powers to effectuate its jurisdiction and to enforce its orders, judgments and decrees in probate matters as the circuit court has in other matters * * *.”
In Re the Est. of Washington, 277 S.W.3d 777 (Mo. Ct. App. 2009). · cites it 3× “…to enforce its orders, judgments, and decrees as circuit judges have in other matters. See Section 472.020 RSMo.2000; Section 472.030 RSMo.2000.”
Arcadia Valley Bank v. Black, 598 S.W.2d 528 (Mo. Ct. App. 1980). · cites it 3× “Section 472.030, RSMo 1969, now repealed, conferred full equitable powers upon the probate court to effectuate its jurisdiction over Mrs.”
In Re Est. of Downs, 300 S.W.3d 242 (Mo. Ct. App. 2009). · cites it 2× “Pursuant to section 472.030, the probate division of the circuit court has the same powers to enforce its orders as the other divisions of the circuit court: The probate division of the circuit court has the same legal and equitable powers to effectuate and to enforce its…”
Est. of Johnson v. Kranitz, 168 S.W.3d 84 (Mo. Ct. App. 2005). · cites it 2× “*92 Pursuant to section 472.030, “[t]he probate division of the circuit court has the same legal and equitable powers to effectuate and to enforce its orders, judgments and decrees in probate matters as circuit judges have in other matters.”
Est. of Cantonia v. Sindel, 684 S.W.2d 592 (Mo. Ct. App. 1985). · cites it 2× “§ 472.030 RSMo (Supp.1984). The evidence establishes that No-rine was incompetent on May 15, 1981 and had been unduly influenced by Edward into redeeming savings bonds and subsequently into opening joint accounts in her name and Edward’s.”
Boatright v. Boatright, 88 S.W.3d 500 (Mo. Ct. App. 2002). “*506 1985); see also § 472.030. “By virtue of its equitable jurisdiction, the probate division is not limited to questions of legal title, but it may determine both legal and equitable claims of an estate to title in an asset.”
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