Section 15.5 Jurisdiction and Venue

• Library: Estate Administration 2014 Supp

IV. (§15.5) Jurisdiction and Venue

Exclusive original jurisdiction lies with the probate division of the circuit court. Section 472.020, RSMo 2000. There are some provisions of the Probate Code, Chapters 472–475, RSMo, that vest jurisdiction with the circuit court—for example, § 473.083, RSMo 2000 (will contest)—but require a probate judge to first admit or reject a will for probate. But considered in the context of minor guardianship and conservatorship, jurisdiction will remain with the probate court. Jurisdiction of a court has been defined as follows: “The jurisdiction of a court to adjudicate a controversy rests on jurisdiction of the subject matter, jurisdiction of the res or the parties, and jurisdiction to render the particular judgment in the particular case.” State ex rel. Lambert v. Flynn, 154 S.W.2d 52 (Mo. banc 1941). The probate court has all three.

Venue is determined based on the following hierarchy (§ 475.035.1, RSMo 2000):

(1) In the county in this state where the minor or alleged...