Section 1.8 Implied Powers

• Library: Estate Administration 2014 Supp

C. (§1.8) Implied Powers

Historically, the scope of probate court powers has been circumscribed because of the constitutional limitations imposed. Nevertheless, the appellate courts have held that probate courts possessed implied or inherent powers in law and in equity to a degree sufficient to effectuate their statutory jurisdiction. In re Schield’s Estate, 250 S.W.2d 151 (Mo. 1952). Though specific statutory authority may be lacking for a particular procedure adopted by the probate court, the procedure nonetheless may be sanctioned by common practice as long as it accords with the proper exercise of the powers that have been conferred on the court. In re Pfiffner’s Guardianship, 194 S.W.2d 233 (Mo. App. E.D. 1946). This concept was codified in the 1955 Probate Code in § 472.030, now RSMo 2000. Under this doctrine, it has been held that a probate...