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

Mo. Rev. Stat. § 472.040 (2026)

Costs

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  472.040.  Costs. — In all suits and other proceedings in the probate division of the circuit court, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by law.  Whenever costs are given against executors and administrators, the estate shall pay the costs.  Parties presenting claims against estates, for the same causes and in the same manner, may be ruled to give security for costs, as is provided in practice in civil cases.

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(RSMo 1939 § 203, A.L. 1955 p. 385 § 5, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 204; 1919 § 203; 1909 § 212

Effective 1-02-79

CROSS REFERENCE:

Probate fees, 483.580

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1989–2021 · leading case: Wirken v. Miller, 978 S.W.2d 60 (Mo. Ct. App. 1998).
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Wirken v. Miller, 978 S.W.2d 60 (Mo. Ct. App. 1998). · cites it 6× “An award of costs is provided for by § 472.040, which states: In all suits and other proceedings in the probate division of the circuit court, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by…”
Est. of Smith, 767 S.W.2d 29 (Mo. 1989). · cites it 3× “Section 472.040, RSMo 1986, of the probate code provides: “In all suits and other proceedings in the probate division of the circuit court, the party prevailing shall recover his costs against the other party.”
J.D.C. v. J.M.H., 173 S.W.3d 695 (Mo. Ct. App. 2005). · cites it 6× “Section 472.040 *700 provides that “[i]n all suits and other proceedings in the probate division of the circuit court, the prevailing party shall recover his costs against the other party, except in those cases in which a different provision is made by law.”
In Re Cmc, 173 S.W.3d 695 (Mo. Ct. App. 2005). · cites it 6× “Section 472.040 *700 provides that "[i]n all suits and other proceedings in the probate division of the circuit court, the prevailing party shall recover his costs against the other party, except in those cases in which a different provision is made by law.”
In The Matter Of: Margie E. Summers Lisa Summers v. Margie Summers & Bonnie Nims, No. WD83124 (Mo. Ct. App. Jan. 5, 2021). · cites it 2× “Third, Lisa argues the motion court erred in assessing attorneys' fees against Lisa because under section 472.040 the prevailing party shall recover costs against the other party, and that Lisa should have been the prevailing party.”
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