Section 1.10 Limitations on Probate Jurisdiction Abolished

• Library: Estate Administration 2014 Supp

E. (§1.10) Limitations on Probate Jurisdiction Abolished

Before January 2, 1979, probate courts were not authorized by the Constitution to perform functions or exercise powers that were not comprehended and directly or incidentally connected with probate business. Since then, probate divisions have been endowed with much broader authority. Set forth below is a comparison of the jurisdictional authority of probate courts (pre-1979) and probate divisions (post-1979).

Pre-1979. Probate courts could not issue injunctions because the granting of injunctions was not directly or by implication authorized by the constitutional provisions vesting jurisdiction in probate courts. Creech v. Bunch, 193 S.W. 603 (Mo. App. S.D. 1917).

Post-1979. Probate division judges are vested with general equitable powers in probate matters. Section 472.141, RSMo 2000, empowers a probate judge to invoke the Rules of Civil Procedure. Rule 92.01 relates to injunctions. The Guardianship Code Revision of 1983 expressly states: “The court has full authority under the rules of civil procedure to enjoin any person from interfering with the right of the conservator to possession of the...