Section 6.16 Circuit Court, Probate Division

• Library: Trusts and Powers 2013 Supp

2. (§6.16) Circuit Court, Probate Division

Although a judicial circuit may encompass two or more counties, each county has its own probate division of the circuit court. Section 478.260.1, RSMo 2000. The judge of the probate division, whether a circuit or associate division judge, is also granted general equitable jurisdiction. Mo. Const. art. V, §§ 14(a), 17, and 27.3. In addition, the probate division is expressly granted jurisdiction to determine “all matters pertaining to probate business . . . including jurisdiction . . . of the administration of . . . inter vivos trusts . . . and of such other probate business as may be prescribed by law.” Section 472.020, RSMo 2000.

Arguably, the jurisdiction conferred on the probate division does not extend to an independent trust contest. Section...