475.040. Change of venue. — If it appears to the court, acting on the petition of the guardian, the conservator, the respondent or of a ward over the age of fourteen, or on its own motion, at any time before the termination of the guardianship or conservatorship, that the proceeding was commenced in the wrong county, or that the domicile of the ward or protectee has changed to another county, or in case of conservatorship of the estate that it would be for the best interest of the ward or disabled person and his estate, the court may order the proceeding with all papers, files and a transcript of the proceedings transferred to the probate division of the circuit court of another county. The court to which the transfer is made shall take jurisdiction of the case, place the transcript of record and proceed to the final settlement of the case as if the appointment originally had been made by it.
Notes of Decisions
Cited in
4
cases, 1995–2016 · leading case:
In re L.M., 488 S.W.3d 210 (Mo. Ct. App. 2016).
In re L.M., 488 S.W.3d 210 (Mo. Ct. App. 2016).
· cites it 2× “Section 475.040 provides that if it appears to the court that the guardianship proceeding was commenced in the wrong county, the court may on its own motion order that the proceeding be transferred to the probate division of the circuit court- of another county.”
Reece v. Reece, 890 S.W.2d 706 (Mo. Ct. App. 1995).
· cites it 2× “In guardianship eases, change of venue is governed by § 475.040. That statute reads, in pertinent part: If it appears to the court .”
S.B. v. J.L., 280 S.W.3d 147 (Mo. Ct. App. 2009).
· cites it 2× “In child custody matters, section 475.040 authorizes the probate court to appoint someone other than a parent as guardian in certain instances.”
State ex rel. Baumbach v. Kamp, 922 S.W.2d 411 (Mo. Ct. App. 1996).
“” Relator maintains she in entitled to a change of venue by § 475.040, which reads: “If it appears to the court, acting on the petition of .”
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