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Probate Courts, Equitable Authority

Tradtionally, probate courts have had limited authority to hear and entertain only probate matters. Probate matters include but are not limited to: trust disputes, decedent estate administration, guardianships-conservatorships and power of attorney disputes.

Despite probate courts having limited authority to hear certain types of matters, the probate court in Missouri has the same legal and equitable powers to effectuate and to enforce its orders, judgments and decrees in probate matters as circuit judges have in other matters. The Missouri Supreme Court has held that the probate court has “complete and unrestricted equtiable powers in ‘probate matters.'” In re Myers’ Estate, 376 S.W.2d 219, 224 (Mo. 1964).

Contact with questions about probate litigation.