Section 472.100

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 28 Aug 1983   

  472.100.  Notice — court may require — how delivered. — 1.  No notice to interested persons need be given except as specifically provided for in this code or as ordered by the court.  When no notice is required by this code, the court may require such notice as it deems desirable by a general rule or by an order in a particular case.

  2.  Except as otherwise specifically provided by law, all notices required by this code or the court to be served upon any person shall be served as the court directs, by rule or otherwise, in such manner and at such time as to constitute reasonable notice, in any of the following manners:

  (1)  By delivering to the person, including a minor or a disabled or incapacitated person not known to have a legally appointed guardian or conservator, a copy of the notice personally or by leaving a copy at his dwelling house or usual place of abode with some person of his family over the age of fifteen years, or by delivering a copy to an agent authorized by appointment or required by law to receive service of process;

  (2)  By publishing a copy of the notice in some newspaper qualified to publish legal notices under chapter 493 and having general circulation within the county in which the court is held for the time required by law or court rule or order.  If no time is fixed by law or by rule of court, the notice shall be published once each week for four consecutive weeks, the last insertion being at least seven days before the hearing.  The personal representative, or other person at whose instance any notice by publication is required, may designate the newspaper in which such notice is to be published; but as to any notice which is necessary to the jurisdiction of the court, the clerk shall designate the newspaper unless the personal representative or other person has made such designation and so informed the clerk in writing before the time for commencement of publication.  If there is no qualified newspaper published in the county, the notice shall be published in some qualified newspaper published in an adjoining county which has a general circulation within the county in which the court is held or the notice shall be given by posting copies thereof in ten public places in the county as the court directs.  If a notice, which is required to be published once a week for more than one time, is published in a daily newspaper, each publication after the first shall appear on the same day of the week on which the first publication was made;

  (3)  By registered or certified mail, addressed to the person to be notified at his address within the United States, deposited in the United States mail, with all postage charges prepaid, and, if ordered by the court, with a return receipt requested;

  (4)  By ordinary mail, deposited in the United States mail with all postage charges prepaid at the first class rate, in a sealed envelope or on a post or postal card, properly addressed, bearing the name and return address of the sender and otherwise inscribed in accordance with the regulations of the United States Postal Service to require a return thereof to the sender upon nondelivery to the addressee;

  (5)  By any combination of the above or as may be provided by the rules of civil procedure.

  3.  Service by publication is notice to all heirs and devisees, whether known or unknown or whether residents or nonresidents of this state, spouses and to all creditors and other persons interested in the estate.

  4.  Provisions in this code for notice to interested persons, other than by publication, do not require such notice to creditors unless otherwise specifically required by the code or by the court.

  5.  Service of notice upon a minor or a disabled or incapacitated person having a legally appointed guardian or conservator, if the fact of the guardianship or conservatorship is known to the person requiring such service or is disclosed by the court files or records, shall be made by serving such guardian or conservator in the manner provided herein for service upon other persons.  Service upon a corporation may be made in the manner provided by law for the service of summons on corporations in civil actions.

  6.  In all cases where service by publication is required but personal service or service by registered or certified mail is not ordered, all interested persons whose names and addresses appear in the court files or records, including creditors only when ordered by the court, shall be served by ordinary mail.  Failure in any such case to mail any notice or failure of any interested person to receive any mailed notice does not invalidate any order of the court or deprive the court of jurisdiction.

  7.  Personal service and service by registered or certified mail may be made by any competent witness, except that service by mail of any process, order or notice issued by the court shall be made by the clerk, or, if personal service is required, by the sheriff.  Service by publication and by ordinary mail, except those required by section 473.587, shall be made by the clerk when requested in writing by the party requiring same, and when furnished with the necessary information therefor.

  8.  If an attorney has entered his appearance in writing for any party in any probate proceeding or matter pending in the court, all notices required to be served on the party in the proceeding or matter may be served on the attorney and such service shall be in lieu of service upon the party for whom the attorney appears.  Service on an attorney may be made by ordinary mail or by leaving a copy of any notice or paper at his office with his clerk or with an attorney employed by or associated with the attorney to be served.

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(L. 1955 p. 385 § 11, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)

(1962) Weekly newspaper did not forfeit right theretofore vested in it to publish legal notices by suspending publication the last week in December of one year for vacation purposes and where it resumed continuous weekly publications after the procedure was questioned. State ex rel. Henderson v. Proctor (Mo.), 361 S.W.2d 802.