Section 472.070

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 02 Jan 1979, see footnote   

  472.070.  Powers of clerk. — 1.  The clerk of the probate division may take acknowledgments, administer oaths, and certify and authenticate copies of instruments, documents and records of the court, and perform the usual functions of his office.

  2.  Subject to control of the judge of the probate division, the clerk of the probate division may issue notices and make all necessary orders for the hearing of any petition or other matter to be heard in the court.

  3.  If a matter is not contested, the clerk may hear and determine it and make all orders, judgments and decrees in connection therewith which the judge could make, subject to be set aside or modified by the judge at any time within thirty days thereafter; but if not set aside or modified, the orders, judgments and decrees made by the clerk shall have the same effect as if made by the judge.

  4.  The judge may act as clerk ex officio, whenever the business of the court requires.

  5.  A seal is authorized for the probate division of the circuit court which shall be kept in the custody of the judge or the clerk of the probate division.

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(L. 1955 p. 385 § 8, A.L. 1978 H.B. 1634)

Effective 1-02-79