Section 1.14 Code of Civil Procedure—Applicability

• Library: Estate Administration 2014 Supp

C. (§1.14) Code of Civil Procedure—Applicability

Section 472.141.1, RSMo 2000, provides that an adversary probate proceeding shall be governed by the Civil Code 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, RSMo, 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, RSMo, or civil rule 55 applicable to a particular adversary probate proceeding.

Section 472.141.1(1) is designed to exclude the applicability of the Civil Code when special procedural statutes govern the proceeding whether these statutes are contained in the Probate Code...