Section 20.11 Generally

• Library: Estate Administration 2014 Supp

A. (§20.11) Generally

Proceedings to discover assets fall within the definition of an adversary probate proceeding in § 472.140.2, RSMo 2000, and they are conducted in accordance with the Missouri Rules of Civil Procedure. Section 472.141.1, RSMo 2000. Specifically, service of summons, the petition, the answer, and all other subsequent proceedings must comply with the Missouri Rules of Civil Procedure. While Missouri’s statutes “do not spell out precisely the extent to which the statutory code of civil procedure and the Rules shall be applied . . . . [t]hose guidelines must be developed upon a case by case basis.” In re Estate of Curtis, 663 S.W.2d 420, 422–23 (Mo. App. S.D. 1983). Upon application by a party or on its own motion, the probate court may formally declare an action to be adversarial and order that Rule 55 applies.

Even without this formal declaration, certain rules and procedures automatically apply. For example, summary judgment is available in a discovery-of-assets action even when Rule 55 has not been invoked. Estate of Heidt, 785 S.W.2d 668, 670–71 (Mo. App. W.D...