Section 1.16 Code and Rules—Applicability—Specific Actions

• Library: Estate Administration 2014 Supp

E. (§1.16) Code and Rules—Applicability—Specific Actions

Will contest actions are governed by § 473.083, RSMo 2000, which is a part of the Probate Code. Although these actions may be heard by a circuit judge or the judge of the probate division, § 473.083.5, the action falls within the definition of an adversary probate proceeding. Section 473.083.5 provides that these actions “shall be governed by the Missouri Rules of Civil Procedure and the provisions of The Civil Code of Missouri . . . .” This provision ties in with § 472.141.1(2), RSMo 2000, which provides that Rule 55 and Chapter 509, RSMo, “shall not apply unless specifically made applicable by a provision in the probate code . . . .” Section 473.083.5 specifically makes both Rule 55 and Chapter 509 applicable to will contest actions.

Discovery-of-assets proceedings under §§ 473.340 and 475.160, RSMo 2000, present another variation on the theme. Unlike the will contest statute, § 473.340.2 only refers to the Rules of Civil Procedure. Under § 473.340.2, all of the Rules of...