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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 28 Aug 1986 bottom

  472.140.  Record kept — adversary probate proceeding defined. — 1.  A record shall be kept in any adversary probate proceeding in a probate division of the circuit court.  At the discretion of the judge, but in compliance with the rules of the supreme court, the record may be a stenographic record or one made by the utilization of electronic, magnetic, or mechanical sound or video recording devices.

  2.  "Adversary probate proceeding" as used in this section and in section 472.141 means any proceeding brought pursuant to any provision of chapters 472, 473, 474, and 475 which requires, as a condition precedent to an entry of an order or judgment on the merits, notice of hearing to persons interested in the proceeding, except that proceedings to sell real property or to make final settlement and except that notices that letters have been granted, for unknown heirs, to file interim settlements, of the right of the surviving spouse to elect to take against the will and in guardianship estates in which the Veterans Administration is a party in interest as to petitions by the conservator to disburse funds and as to settlements of conservators shall not be deemed to be adversary unless and until an interested person files objections to the action proposed or the account stated.  An "adversary probate proceeding" shall also mean any other probate proceeding determined by the judge of the probate division to be an adversary proceeding.

  3.  The judge on his motion, or on the request of an interested person, may direct the keeping of a record of any hearing in a probate proceeding.  The judge in his discretion may require the party requesting the record to give security for the payment of the costs thereof and may assess the costs of making the record against any party to the proceedings.

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(L. 1955 p. 385 § 15, A.L. 1978 H.B. 1634, A.L. 1986 H.B. 1297)


---- end of effective   28 Aug 1986 ----

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