Section 1.1 Preemption of General Uniform Jurisdiction

• Library: Estate Administration 2014 Supp

A. (§1.1) Preemption of General Uniform Jurisdiction

The Constitution of 1865 provided that “[i]nferior tribunals, to be known as county courts, shall be established in each county” and that “such courts, or . . . such other tribunals, inferior to the circuit courts as the general assembly may establish, shall be vested the jurisdiction of all matters appertaining to probate business.” Mo. Const. of 1865 art. VI, § 23. Before 1875, judicial power over probate jurisdiction was not preempted by the Constitution. During that period, the legislature asserted power over probate jurisdiction. But between 1875 and 1976, general power over probate jurisdiction was preempted by constitutional provision, which the legislature respected and confirmed.

The 1976 amendment to Article V of the 1945 Constitution made sweeping and dramatic changes in...