Section 11.39 Jurisdiction and Procedure

• Library: Trusts and Powers 2013 Supp

A. (§11.39) Jurisdiction and Procedure

The probate division of the circuit court is given concurrent jurisdiction with the circuit court to hear and determine all matters pertaining to custodians for minors and the administration of minor custodianships. Section 404.091, RSMo 2000. Filing in the probate division is permissive and not mandatory. The provision allows petitioners to initially select a forum that may have some expertise in the subject matter of the lawsuit.

Section 404.091 also gives the probate division of the circuit court authority to coordinate a custodian’s activities with the activities of a court-appointed conservator. If the custodian or custodial trustee has a conflict with the minor, under § 404.093, RSMo 2000, the court may appoint a guardian or conservator ad litem for the minor.

A person who voluntarily...