472.141. Proceedings to be conducted in accordance with rules of procedure — order after action commenced. — 1. An adversary probate proceeding shall be governed by the civil code of Missouri and the rules of civil procedure; except that:
(1) Where the probate code or any other statute contains a provision prescribing practice, procedure or pleading, applicable to the pending proceeding, the provisions of the probate code or such statutes shall govern; and
(2) The provisions of chapter 509 and civil rule 55 shall not apply unless specifically made applicable by a provision in the probate code or unless the court enters an order designating all or specific provisions of chapter 509 or civil rule 55 applicable to a particular adversary probate proceeding.
2. If a proceeding is already commenced when the court determines it to be adversary, the court may, on its own motion or on motion of any interested person, enter an order specifying the appropriate provisions of chapter 509 or civil rule 55, which shall govern the proceeding.
3. The civil code of Missouri and the rules of civil procedure shall govern all other actions or proceedings which may be heard by a judge of the probate division pursuant to assignment or otherwise, except as otherwise provided by law.
Notes of Decisions
Cited in
16
cases (
3 in the last 5 years), 1980–2025 · leading case:
Jones v. State, 565 S.W.3d 704 (Mo. Ct. App. 2018).
Jones v. State, 565 S.W.3d 704 (Mo. Ct. App. 2018).
· cites it 3× “The application and supporting suggestions argued that, pursuant to § 472.141, the Chapter 632 *707 SVP proceeding involving Jones was an adversary civil proceeding to which Rule 51.”
In Re Est. of Standley, 204 S.W.3d 745 (Mo. Ct. App. 2006).
· cites it 2× “at 147; and (4) sections 472.141 and 506.010 should be so construed.”
Moore v. Fry, 800 S.W.2d 142 (Mo. Ct. App. 1990).
· cites it 4× ““‘Adversary probate proceeding’ as used in this section and in section 472.141 means any proceeding brought pursuant to any provision of chapters 472, 473, 474, and 475, RSMo, which requires, as a condition precedent to an entry of an order or judgment on the merits, notice of…”
Ellinwood v. Est. of Lyons, 731 S.W.2d 23 (Mo. Ct. App. 1987).
· cites it 3× “01(b) and Section 472.141 RSMo.1986, provide that Rule 55 is not applicable to civil actions originating in the probate division of the circuit court unless the court orders its application.”
Cordes v. Williams, 201 S.W.3d 122 (Mo. Ct. App. 2006).
“See § 472.141; Rule 41.01. Jack does not dispute that he failed to raise the affirmative defenses of statute of limitations and waiver or that he was required to do so by order of the trial court.”
In the Est. of Livingston, 627 S.W.2d 673 (Mo. Ct. App. 1982).
· cites it 2× “However, it does not follow that upon the death of a ward, his administrator or executor is to be substituted for his guardian in a proceeding in the probate court to establish a claim against the estate of the ward.”
State ex rel. Simanek v. Berry, 597 S.W.2d 718 (Mo. Ct. App. 1980).
· cites it 2× “Section 472.141 allows the judge to specify the provisions of the Rules of Civil Procedure which shall govern the proceedings after the judge has determined the proceeding to be adversary.”
White v. Sweeney, 899 S.W.2d 886 (Mo. Ct. App. 1995).
“1994 “Probate Code— General Provisions” provides by § 472.141 that adversary probate proceedings be governed by the civil code of Missouri and the rules of civil procedure with certain exceptions not here applicable.”
Duncan v. Est. of Booker, 816 S.W.2d 705 (Mo. Ct. App. 1991).
· cites it 2× “‘Adversary probate proceeding’ as used in this section and in section 472.141 means any proceeding brought pursuant to any provision of chapters 472, 473, 474, and 475, RSMo, which requires, as a condition precedent to an entry of an order or judgment on the merits, notice of…”
Martin v. Dodson, 878 S.W.2d 513 (Mo. Ct. App. 1994).
· cites it 3× “-01(b) and Section 472.141 RSMo.1986, provide that Rule 55 is not applicable to civil actions originating in the probate division of the circuit court unless the court orders its application.”
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