Section 24.40 Pleading Rules Under § 472.013

• Library: Estate Administration 2014 Supp

1. (§24.40) Pleading Rules Under § 472.013

If the claim under § 472.013, RSMo 2000, is asserted in the regular circuit division, Rule 55 applies, and the requirement of Rule 55.15 that all requirements of fraud be asserted with particularity would apply. If the claim is initiated in the probate division, Rule 41.01(b) and § 472.141, RSMo 2000, which deals with adversary proceedings before the probate division, apply and provide that Rule 55 and Rule 55.15 will not apply to the probate proceedings unless the probate judge specifically orders that those Rules apply. If that order is made, the requirements of Rule 55.15 would be in effect. All elements of fraud must...