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Missouri Roofing Licensing Law

Missouri Code · 43 sections

The following is the full text of Missouri’s roofing licensing law statutes as published in the Missouri Code. For the official version, see the Missouri Legislature.


Mo. Rev. Stat. § 324.009

324.009. Licensure reciprocity — definitions — requirements — inapplicability, when. — 1. For purposes of this section, the following terms mean:

(1) "License", a license, certificate, registration, permit, accreditation, or military occupational speciality that enables a person to legally practice an occupation or profession in a particular jurisdiction;

(2) "Military", the Armed Forces of the United States including the Air Force, Army, Coast Guard, Marine Corps, Navy, Space Force, National Guard and any other military branch that is designated by Congress as part of the Armed Forces of the United States, and all reserve components and auxiliaries. Such term also includes the military reserves and militia of any United States territory or state;

(3) "Missouri law enforcement officer", any person employed by or otherwise serving in a position for the state or a local governmental entity in the state of Missouri as a police officer, peace officer certified under chapter 590, auxiliary police officer, sheriff, sheriff's deputy, member of the patrol as that term is defined in section 43.010, or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life and who is a permanent resident of the state of Missouri or who is domiciled in the state of Missouri;

(4) "Nonresident military or law enforcement spouse":

(a) A nonresident spouse of an active duty member of the Armed Forces of the United States who has been transferred or is scheduled to be transferred to the state of Missouri, or who has been transferred or is scheduled to be transferred to an adjacent state and is or will be domiciled in the state of Missouri, or has moved to the state of Missouri on a permanent change-of-station basis; or

(b) A nonresident spouse of a person residing outside the state of Missouri who has accepted an offer of employment from and with the state or a local governmental entity in the state of Missouri and who will become a Missouri law enforcement officer upon the commencement of such employment;

(5) "Oversight body", any board, department, agency, or office of a jurisdiction that issues licenses;

(6) "Resident military or law enforcement spouse", a spouse of an active duty member of the Armed Forces of the United States who has been transferred or is scheduled to be transferred to the state of Missouri or an adjacent state and who is a permanent resident of the state of Missouri, who is domiciled in the state of Missouri, or who has Missouri as his or her home of record, or a spouse of a Missouri law enforcement officer.

  1. Any person who holds a valid current license issued by another state, a branch or unit of the military, a territory of the United States, or the District of Columbia, and who has been licensed for at least one year in such other jurisdiction, may submit an application for a license in Missouri in the same occupation or profession, and at the same practice level, for which he or she holds the current license, along with proof of current licensure and proof of licensure for at least one year in the other jurisdiction, to the relevant oversight body in this state.

  2. The oversight body in this state shall:

(1) Within six months of receiving an application described in subsection 2 of this section, waive any examination, educational, or experience requirements for licensure in this state for the applicant if it determines that there were minimum education requirements and, if applicable, work experience and clinical supervision requirements in effect and the other state verifies that the person met those requirements in order to be licensed or certified in that state. An oversight body that administers an examination on laws of this state as part of its licensing application requirement may require an applicant to take and pass an examination specific to the laws of this state; or

(2) Within thirty days of receiving an application described in subsection 2 of this section from a nonresident military or law enforcement spouse or a resident military or law enforcement spouse, waive any examination, educational, or experience requirements for licensure in this state for the applicant and issue such applicant a license under this section if such applicant otherwise meets the requirements of this section.

  1. (1) The oversight body shall not waive any examination, educational, or experience requirements for any applicant who has had his or her license revoked by an oversight body outside the state; who is currently under investigation, who has a complaint pending, or who is currently under disciplinary action, except as provided in subdivision (2) of this subsection, with an oversight body outside the state; who does not hold a license in good standing with an oversight body outside the state; who has a criminal record that would disqualify him or her for licensure in Missouri; or who does not hold a valid current license in the other jurisdiction on the date the oversight body receives his or her application under this section.

(2) If another jurisdiction has taken disciplinary action against an applicant, the oversight body shall determine if the cause for the action was corrected and the matter resolved. If the matter has not been resolved by that jurisdiction, the oversight body may deny a license until the matter is resolved.

  1. Nothing in this section shall prohibit the oversight body from denying a license to an applicant under this section for any reason described in any section associated with the occupation or profession for which the applicant seeks a license.

  2. Any person who is licensed under the provisions of this section shall be subject to the applicable oversight body's jurisdiction and all rules and regulations pertaining to the practice of the licensed occupation or profession in this state.

  3. This section shall not be construed to waive any requirement for an applicant to pay any fees, post any bonds or surety bonds, or submit proof of insurance associated with the license the applicant seeks.

  4. This section shall not apply to business, professional, or occupational licenses issued or required by political subdivisions.

  5. The provisions of this section shall not impede an oversight body's authority to require an applicant to submit fingerprints as part of the application process.

  6. The provisions of this section shall not be construed to alter the authority granted by, or any requirements promulgated pursuant to, any interjurisdictional or interstate compacts adopted by Missouri statute or any reciprocity agreements with other states in effect, and whenever possible this section shall be interpreted so as to imply no conflict between it and any compact, or any reciprocity agreements with other states in effect.

  7. Notwithstanding any other provision of law, a license issued under this section shall be valid only in this state and shall not make a licensee eligible to be part of an interstate compact. An applicant who is licensed in another state pursuant to an interstate compact shall not be eligible for licensure by an oversight body under the provisions of this section.

  8. The provisions of this section shall not apply to any occupation set forth in subsection 6 of section 290.257, or any electrical contractor licensed under sections 324.900 to 324.945.

(L. 2018 S.B. 840, A.L. 2020 H.B. 1511 & 1452, A.L. 2020 H.B. 2046, A.L. 2021 H.B. 273 merged with H.B. 476, A.L. 2025 H.B. 225 merged with S.B. 81 merged with S.B. 150)


Mo. Rev. Stat. § 324.012

324.012. Fresh start act of 2020 — definitions — prior convictions not disqualifying or considered, when — denial of license, procedure — applicability. — 1. This section shall be known and may be cited as the "Fresh Start Act of 2020".

  1. As used in this section, the following terms mean:

(1) "Criminal conviction", any conviction, finding of guilt, plea of guilty, or plea of nolo contendere;

(2) "Licensing", any required training, education, or fee to work in a specific occupation, profession, or activity in the state;

(3) "Licensing authority", an agency, examining board, credentialing board, or other office of the state with the authority to impose occupational fees or licensing requirements on any profession. For purposes of the provisions of this section other than subsection 7 of this section, the term "licensing authority" shall not include the state board of education's licensure of teachers pursuant to chapter 168, the Missouri state board of accountant's licensure of accountants pursuant to chapter 326, the board of podiatric medicine's licensure of podiatrists pursuant to chapter 330, the Missouri dental board's licensure of dentists pursuant to chapter 332, the state board of registration for the healing art's licensure of physicians and surgeons pursuant to chapter 334, the Missouri state board of nursing's licensure of nurses pursuant to chapter 335, the board of pharmacy's licensure of pharmacists pursuant to chapter 338, the Missouri real estate commission's licensure of real estate brokers, real estate salespersons, or real estate broker-salespersons pursuant to sections 339.010 to 339.205, the Missouri veterinary medical board's licensure of veterinarian's pursuant to chapter 340, the Missouri director of finance appointed pursuant to chapter 361, or the peace officer standards and training commission's licensure of peace officers or other law enforcement personnel pursuant to chapter 590;

(4) "Political subdivision", a city, town, village, municipality, or county.

  1. Notwithstanding any other provision of law, beginning January 1, 2021, no person shall be disqualified by a state licensing authority from pursuing, practicing, or engaging in any occupation for which a license is required solely or in part because of a prior conviction of a crime in this state or another state, unless the criminal conviction directly relates to the duties and responsibilities for the licensed occupation as set forth in this section or is violent or sexual in nature.

  2. Beginning August 28, 2020, applicants for examination of licensure who have pleaded guilty to, entered a plea of nolo contendere to, or been found guilty of any of the following offenses or offenses of a similar nature established under the laws of this state, any other state, United States, or any other country, notwithstanding whether sentence is imposed, shall be considered by state licensing authorities to have committed a criminal offense that directly relates to the duties and responsibilities of a licensed profession:

(1) Any murder in the first degree, or dangerous felony as defined under section 556.061 excluding an intoxication-related traffic offense or intoxication-related boating offense if the person is found to be a habitual offender or habitual boating offender as such terms are defined in section 577.001;

(2) Any of the following sexual offenses: rape in the first degree, forcible rape, rape, statutory rape in the first degree, statutory rape in the second degree, rape in the second degree, sexual assault, sodomy in the first degree, forcible sodomy, statutory sodomy in the first degree, statutory sodomy in the second degree, child molestation in the first degree, child molestation in the second degree, sodomy in the second degree, deviate sexual assault, sexual misconduct involving a child, sexual misconduct in the first degree under section 566.090* as it existed prior to August 28, 2013, sexual abuse under section 566.100 as it existed prior to August 28, 2013, sexual abuse in the first or second degree, enticement of a child, or attempting to entice a child;

(3) Any of the following offenses against the family and related offenses: incest, abandonment of a child in the first degree, abandonment of a child in the second degree, endangering the welfare of a child in the first degree, abuse of a child, using a child in a sexual performance, promoting sexual performance by a child, or trafficking in children; and

(4) Any of the following offenses involving child pornography and related offenses: promoting obscenity in the first degree, promoting obscenity in the second degree when the penalty is enhanced to a class E felony, promoting child pornography in the first degree, promoting child pornography in the second degree, possession of child pornography in the first degree, possession of child pornography in the second degree, furnishing child pornography to a minor, furnishing pornographic materials to minors, or coercing acceptance of obscene material;

(5) The offense of delivery of a controlled substance, as provided in section 579.020, may be a disqualifying criminal offense for the following occupations: real estate appraisers and appraisal management companies, licensed pursuant to sections 339.500 to 339.549; and nursing home administrators, licensed pursuant to chapter 344; and

(6) Any offense an essential element of which is fraud may be a disqualifying criminal offense for the following occupations: private investigators, licensed pursuant to sections 324.1100 to 324.1148; accountants, licensed pursuant to chapter 326; architects, licensed pursuant to sections 327.091 to 327.172; engineers, licensed pursuant to sections 327.181 to 327.271; land surveyors, licensed pursuant to sections 327.272 to 327.371; landscape architects, licensed pursuant to sections 327.600 to 327.635; chiropractors, licensed pursuant to chapter 331; embalmers and funeral directors, licensed pursuant to chapter 333; real estate appraisers and appraisal management companies, licensed pursuant to sections 339.500 to 339.549; and nursing home administrators, licensed pursuant to chapter 344.

  1. If an individual is charged with any of the crimes set forth in subsection 4 of this section, and is convicted, pleads guilty to, or is found guilty of a lesser-included offense and is sentenced to a period of incarceration, such conviction shall only be considered by state licensing authorities as a criminal offense that directly relates to the duties and responsibilities of a licensed profession for four years, beginning on the date such individual is released from incarceration.

  2. (1) The licensing authority shall determine whether an applicant with a criminal conviction will be denied a license based on the following factors:

(a) The nature and seriousness of the crime for which the individual was convicted;

(b) The passage of time since the commission of the crime, including consideration of the factors listed under subdivision (2) of this subsection;

(c) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation; and

(d) Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation.

(2) If an individual has a valid criminal conviction for a criminal offense that could disqualify the individual from receiving a license, the disqualification shall not apply to an individual who has been exonerated for a crime for which he or she has previously been convicted of or incarcerated.

  1. An individual with a criminal record may petition a licensing authority at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. This petition shall include details on the individual's criminal record. The licensing authority shall inform the individual of his or her standing within thirty days after the licensing authority has met, but in no event more than four months after receiving the petition from the applicant. The decision shall be binding, unless the individual has subsequent criminal convictions or failed to disclose information in his or her petition. If the decision is that the individual is disqualified, the individual shall be notified in writing of the grounds and reasons for disqualification. The licensing authority may charge a fee by rule to recoup its costs as set by rulemaking authority not to exceed twenty-five dollars for each petition.

  2. (1) If a licensing authority denies an individual a license solely or in part because of the individual's prior conviction of a crime, the licensing authority shall notify the individual in writing of the following:

(a) The grounds and reasons for the denial or disqualification;

(b) That the individual has the right to a hearing as provided by chapter 621 to challenge the licensing authority's decision;

(c) The earliest date the person may reapply for a license; and

(d) That evidence of rehabilitation may be considered upon reapplication.

(2) Any written determination by the licensing authority that an applicant's criminal conviction is a specifically listed disqualifying conviction and is directly related to the duties and responsibilities for the licensed occupation shall be documented with written findings for each of the grounds or reasons under paragraph (a) of subdivision (1) of this subsection by clear and convincing evidence sufficient for a reviewing court.

(3) In any administrative hearing or civil litigation authorized under this subsection, the licensing authority shall carry the burden of proof on the question of whether the applicant's criminal conviction directly relates to the occupation for which the license is sought.

  1. The provisions of this section shall apply to any profession for which an occupational license is issued in this state, including any new occupational license created by a state licensing authority after August 28, 2020. Notwithstanding any other provision of law, political subdivisions shall be prohibited from creating any new occupational licenses after August 28, 2020. The provisions of this section shall not apply to business licenses, where the terms "occupational licenses" and "business licenses" are used interchangeably in a city or county charter definition.

(L. 2020 H.B. 2046, A.L. 2021 H.B. 273 merged with H.B. 476)

*Section 566.090 was transferred to 566.101, 2013.


Mo. Rev. Stat. § 324.034

324.034. Destruction of records permitted, when — reproductions may be used as originals, when — records and documents defined. — 1. Notwithstanding other provisions of law, the director of the division of professional registration may destroy records and documents of the division or the boards in the division at any time if such records and documents have been photographed, microphotographed, imaged, electronically generated, electronically recorded, photostatted, reproduced on film, or other process capable of producing a clear, accurate, and permanent copy of the original. Such film or reproducing material shall be of durable material and the device used to reproduce the records, reports, returns, and other related documents on film or material shall be such as to accurately reproduce and perpetuate the original records and documents in all details.

  1. The reproductions so made may be used as permanent records of the original. When microfilm, electronic image, or a similar reproduction is used as a permanent record by the director of revenue, one copy shall be stored in a fireproof vault and other copies may be made for use by any person entitled thereto. All reproductions shall retain the same confidentiality as is provided in the law regarding the original record.

  2. Such photostatic copy, photograph, microphotograph, image, electronically generated, electronically recorded, or other process copy shall be deemed to be an original record for all purposes, and shall be admissible in evidence in all courts or administrative agencies. A transcript, exemplification, or certified copy of any records or documents made from such photostatic copy, photograph, microphotograph, electronically generated, electronically recorded, or other process copy shall for all purposes be deemed to be a transcript, exemplification, or certified copy of the original and shall be admissible in evidence in all courts or administrative agencies. No document shall be admissible pursuant to this section unless the offeror shall comply with section 490.692 when applicable.

  3. "Records and documents" include, but are not limited to, papers, documents, facsimile information, microphotographic process, electronically generated or electronically recorded image or information, deposited or filed with the division of professional registration or any of the boards in the division.

(L. 2008 S.B. 788)


Mo. Rev. Stat. § 324.041

324.041. Testing positive for a controlled substance, presumption of illegal possession. — For the purpose of determining whether cause for discipline or denial exists under the statutes of any board, commission, or committee within the division of professional registration, any licensee, registrant, permittee, or applicant that tests* positive for a controlled substance, as defined in chapter 195, is presumed to have unlawfully possessed the controlled substance in violation of the drug laws or rules and regulations of this state, any other state, or the federal government unless he or she has a valid prescription for the controlled substance. The burden of proof that the controlled substance was not unlawfully possessed in violation of the drug laws or rules and regulations of this state, any other state, or the federal government is upon the licensee, registrant, permittee, or applicant.

(L. 2008 S.B. 788)

*Word "test" appears in original rolls.


Mo. Rev. Stat. § 324.077

324.077. Limited permit issued, when. — The board may issue a limited permit, upon the payment of applicable fees and completion of the required application, to a person who sufficiently provides proof of eligibility to set for the first available examination upon completion of all other necessary requirements for certification by the certifying entity. The limited permit shall allow the person to practice occupational therapy under the supervision of a person currently licensed pursuant to sections 324.050 to 324.089. A limited permit shall only be effective up to but not to exceed the time the results of the second available examination are received by the board unless the person successfully passes the examination in which instance the limited permit shall remain valid for an additional sixty days.

(L. 1997 S.B. 141 § 10, A.L. 2009 S.B. 296)


Mo. Rev. Stat. § 324.1108

324.1108. Application for licensure, contents — qualifications. — 1. Every person desiring to be licensed in this state as a private investigator, private investigator agency, private fire investigator, or private fire investigator agency shall make application therefor to the board. An application for a license under the provisions of sections 324.1100 to 324.1148 shall be on a form prescribed by the board and accompanied by the required application fee. An application shall be verified and shall include:

(1) The full name and business address of the applicant;

(2) The name under which the applicant intends to conduct business;

(3) A statement as to the general nature of the business in which the applicant intends to engage;

(4) A statement as to the classification or classifications under which the applicant desires to be qualified;

(5) Two recent photographs of the applicant, of a type prescribed by the board, and two classifiable sets of the applicant's fingerprints processed in a manner approved by the Missouri state highway patrol, central repository, under section 43.543;

(6) A verified statement of the applicant's experience qualifications; and

(7) Such other information, evidence, statements, or documents as may be required by the board.

  1. Before an application for a license may be granted, the applicant shall:

(1) Be a citizen of the United States;

(2) Provide proof of liability insurance with amount to be no less than two hundred fifty thousand dollars in coverage and proof of workers' compensation insurance if required under chapter 287. The board shall have the authority to raise the requirements as deemed necessary; and

(3) Comply with such other qualifications as the board adopts by rules and regulations.

(L. 2007 H.B. 780 merged with S.B. 308, A.L. 2011 H.B. 464, A.L. 2018 H.B. 1719)


Mo. Rev. Stat. § 324.1110

324.1110. Licensure requirements. — 1. (1) The board shall require as a condition of licensure as a private investigator that the applicant pass a written examination as evidence of knowledge of investigator rules and regulations.

(2) In the event requirements have been met so that testing has been waived, qualification shall be dependent on a showing of, for the two previous years:

(a) Registration and good standing as a business in this state; and

(b) Two hundred fifty thousand dollars in business general liability insurance.

  1. The board shall require as a condition of licensure as a private fire investigator that the applicant:

(1) Provide evidence of active certification as a fire investigator issued by the division of fire safety; and

(2) Provide proof of liability insurance with coverage of at least one million dollars.

  1. The board shall conduct a complete investigation of the background of each applicant for licensure as a private investigator or private fire investigator to determine whether the applicant is qualified for licensure under sections 324.1100 to 324.1148. The board shall outline basic qualification requirements for licensing as a private investigator, private investigator agency, private fire investigator, and private fire investigator agency.

(L. 2007 H.B. 780 merged with S.B. 308, A.L. 2010 H.B. 2226, et al., A.L. 2011 H.B. 464, A.L. 2018 S.B. 840)


Mo. Rev. Stat. § 324.144

324.144. Expiration of a license — board may establish by rule — renewal of a license, when. — 1. The board may establish by administrative rule a system which provides that licenses expire on various dates. A person may renew an unexpired license by submitting proof satisfactory to the board of compliance with the continuing professional education requirements prescribed by the board and paying the required renewal fee to the board before the expiration date of the license.

  1. If a person's license has been expired for not more than two years, the person may renew the license by submitting proof, satisfactory to the board, of compliance with the continuing professional education requirements prescribed by the board and any penalty fee prescribed by the board.

  2. If a person's license has been expired two years or more, the person may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the current requirements and procedures for obtaining a license.

  3. The board may renew without reexamination an expired license of a person who was licensed in this state, moved to another state or states, and is currently appropriately licensed or certified and has been in practice in another state or states for two years immediately preceding the person's application to renew a license. The person shall be required to pay the required fee as established by the board.

  4. The board shall notify each license holder in writing of the license expiration date before the thirteenth day before such date by notice to the license holder at the license holder's last known address according* to the records of the board.

(L. 1997 S.B. 141 § 22)

*Word "accordingly" appears in original rolls.


Mo. Rev. Stat. § 324.265

324.265. Massage therapists, qualifications of applicants — waiver, when — licensure term, renewal — student license, when — provisional license, when — exemptions — exemptions for certain therapists licensed in other jurisdictions. — 1. A person desiring a license to practice massage therapy shall be at least eighteen years of age, shall pay the appropriate required application fee, and shall submit satisfactory evidence to the board of meeting at least one of the following requirements:

(1) Has passed a statistically valid examination on therapeutic massage and body work which is approved by the board, prior to August 28, 1999, and applies for such license by December 31, 2000; or

(2) Has completed a program of massage therapy studies, as defined by the board, consisting of at least five hundred hours of supervised instruction and subsequently passing an examination approved by the board. The examination may consist of school examinations. The program and course of instruction shall be approved by the board.

(a) The five hundred hours of supervised instruction shall consist of three hundred hours dedicated to massage theory and practice techniques, one hundred hours dedicated to the study of anatomy and physiology, fifty hours dedicated to business practice, professional ethics, hygiene and massage law in the state of Missouri, and fifty hours dedicated to ancillary therapies, including cardiopulmonary resuscitation (CPR) and first aid.

(b) A person completing a massage therapy program comprised of less than five hundred hours of supervised instruction may submit an application for licensure and the board shall establish requirements for the applicant to complete the requirements of paragraph (a) of this subdivision.

  1. A person who has practiced less than three years or has less than one hundred hours of training may request a waiver of the requirements of subsection 1 of this section and apply for a temporary two-year license which shall not be renewable. By the end of such two-year period, such person shall complete at least one hundred additional hours of formal training, including at least twenty-five hours in anatomy and physiology, in a school approved by the board. Such person shall have until December 31, 2000, to apply for a temporary license pursuant to this subsection.

  2. Each license issued pursuant to the provisions of this section shall expire on its renewal date. The board shall renew any license upon:

(1) Application for renewal;

(2) Proof, as provided by rule, that the therapist has completed twelve hours of continuing education; and

(3) Payment of the appropriate renewal fee.

  1. An applicant who possesses the qualifications specified in subsection 2 of this section to take the examination approved by the board may be granted a provisional license to engage in the practice of massage therapy. An applicant for a provisional license shall submit proof that the applicant has applied for the examination approved by the board. A provisional license shall be valid for one year from the date of issuance and shall be deemed void upon its expiration date. A provisional licensee is prohibited from practicing massage therapy after expiration of the provisional license.

  2. As determined by the board, students making substantial progress toward completion of their training in an approved curriculum shall be granted a student license for the purpose of practicing massage therapy on the public while under the supervision of a massage therapy instructor.

  3. A student license may be renewed until the student completes such student's training. Upon request, the board may extend a provisional license for good cause at the discretion of the board. An application for the extension of a provisional license shall be submitted to the board prior to the expiration of the provisional license.

  4. The following practitioners are exempt from the provisions of this section upon filing written proof with the board that they meet one or more of the following:

(1) Persons who act under a Missouri state license, registration, or certification and perform soft tissue manipulation within their scope of practice;

(2) Persons who restrict their manipulation of the soft tissues of the human body to the hands, feet or ears;

(3) Persons who use touch and words to deepen awareness of existing patterns of movement in the human body as well as to suggest new possibilities of movement;

(4) Persons who manipulate the human body above the neck, below the elbow, and below the knee and do not disrobe the client in performing such manipulation.

  1. Any nonresident person licensed, registered, or certified by another state or territory of the United States, the District of Columbia, or foreign territory or recognized certification system determined as acceptable by the board shall be exempt from licensure as defined in this chapter, if such persons are incidentally called into the state to teach a course related to massage or body work therapy or to provide massage therapy services as part of an emergency response team working in conjunction with disaster relief officials.

  2. Any nonresident person holding a current license, registration, or certification in massage therapy from another state or recognized national certification system determined as acceptable by the board shall be exempt from licensure as defined in this chapter when temporarily present in this state for the purpose of providing massage therapy services at special events such as conventions, sporting events, educational field trips, conferences, and traveling shows or exhibitions.

(L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343 merged with S.B. 362, A.L. 2006 S.B. 756, A.L. 2008 H.B. 1419, A.L. 2020 H.B. 2046)


Mo. Rev. Stat. § 324.409

324.409. Qualifications for registration. — 1. To be a registered interior designer, a person:

(1) Shall take and pass or have passed the examination administered by the National Council for Interior Design Qualification or an equivalent examination approved by the division. In addition to proof of passage of the examination, the application shall provide substantial evidence to the division that the applicant:

(a) Is a graduate of a five-year or four-year interior design program from an accredited institution and has completed at least two years of diversified and appropriate interior design experience; or

(b) Has completed at least three years of an interior design curriculum from an accredited institution and has completed at least three years of diversified and appropriate interior design experience; or

(c) Is a graduate of a two-year interior design program from an accredited institution and has completed at least four years of diversified and appropriate interior design experience; or

(2) May qualify who is currently registered pursuant to sections 327.091 to 327.171, and section 327.401 pertaining to the practice of architecture and registered with the division. Such applicant shall give authorization to the division in order to verify current registration with sections 327.091 to 327.171 and section 327.401 pertaining to the practice of architecture.

  1. The division shall verify if an applicant has complied with the provisions of this section and has paid the required fees, then the division shall recommend such applicant be registered as a registered interior designer by the division.

(L. 1998 H.B. 1601, et al. § 4, A.L. 1999 H.B. 343, A.L. 2003 S.B. 492, A.L. 2004 S.B. 1122, A.L. 2006 S.B. 749, A.L. 2018 H.B. 1719 merged with S.B. 843)


Mo. Rev. Stat. § 324.418

324.418. Certificate of registration, renewal. — 1. The certificate of registration issued biennially to a registered interior designer pursuant to sections 324.400 to 324.439 shall be renewed on or before the certificate renewal date accompanied by the required fee. The certificate of registration of a registered interior designer which is not renewed within three months after the certificate renewal date shall be suspended automatically, subject to the right of the holder to have the suspended certificate of registration reinstated within nine months of the date of suspension if the person pays the required reinstatement fee. Any certificate of registration suspended and not reinstated within nine months of the suspension date shall expire and be void and the holder of such certificate shall have no rights or privileges provided to holders of valid certificates. Any person whose certificate of registration has expired may, upon demonstration of current qualifications and payment of required fees, be reregistered or reauthorized under the person's original certificate of registration number.

  1. Each application for the renewal or reinstatement of a registration shall be on a form furnished to the applicant and shall be accompanied by the required fees and proof of current completion of at least one unit every two years of approved or verifiable continuing education in interior design or architecture, immediately prior to such renewal or reinstatement. Ten contact hours constitutes one continuing education unit. Five contact hours of teaching in interior design or architecture constitutes one continuing education unit. One college course credit in interior design or architecture constitutes one continuing education unit.

(L. 1998 H.B. 1601, et al. § 7, A.L. 2004 S.B. 1122)


Mo. Rev. Stat. § 324.706

324.706. License issued, when. — The division shall issue licenses to applicants meeting the following conditions:

(1) The applicant must be at least eighteen years of age, possess a valid commercial driver's license and have at least twenty-four months' experience in moving houses;

(2) The applicant must furnish proof that all of the vehicles to be used in the movement of houses have met the requirements of sections 307.350 to 307.400 or its equivalent pertaining to the inspection of motor vehicles;

(3) The applicant must exhibit his federal employer's identification number; and

(4) The applicant must pay an annual license fee of one hundred dollars. All moneys received for housemover licenses shall be paid to and collected by the division of motor carrier and railroad safety and transmitted to the director of revenue and deposited in the state treasury to the credit of the state highways and transportation fund as established in section 226.200.

(L. 2001 H.B. 567 merged with S.B. 317)


Mo. Rev. Stat. § 324.920

324.920. Application requirements — grandfather provision — employee licensing requirements. — 1. The applicant for a statewide electrical contractor's license shall satisfy the following requirements:

(1) Provide proof of liability insurance in the amount of five hundred thousand dollars, and post a bond with each political subdivision in which he or she will perform work, as required by that political subdivision;

(2) Pass a standardized and nationally accredited electrical assessment examination that has been created and administered by a third party and that meets current national industry standards, as determined by the division;

(3) Pay for the costs of such examination; and

(4) Have completed one of the following:

(a) Twelve thousand verifiable practical hours installing equipment and associated wiring;

(b) Ten thousand verifiable practical hours installing equipment and associated wiring and have received an electrical journeyman certificate from a United States Department of Labor-approved electrical apprenticeship program;

(c) Eight thousand verifiable practical hours installing equipment and associated wiring and have received an associate's degree from a state-accredited program; or

(d) Four thousand verifiable practical hours supervising the installation of equipment and associated wiring and have received a four-year electrical engineering degree.

  1. Electrical contractors who hold an electrical contractor or master electrician occupational or business license issued by any political subdivision in this state shall be eligible for a statewide license if the applicant:

(1) Provides evidence of having passed a standardized written electrical assessment examination that is based upon the National Electrical Code and administered by an independent competent professional testing agency not affiliated with a political subdivision or the state of Missouri;

(2) Provides evidence of twelve thousand hours of verifiable practical experience or evidence of having been licensed by any Missouri political subdivision that requires examination as specified in subdivision (1) of this subsection as an electrical contractor or master electrician for six of the previous eight calendar years;

(3) Provides proof of insurance as required by this chapter; and

(4) Provides proof that the local license was current and active and not subject to discipline on the date the applicant applied for a statewide license.

  1. If a corporation, firm, institution, organization, company, or representative thereof desires to engage in electrical contracting licensed under this chapter, then it shall have in its employ, at a supervisory level, at least one electrical contractor who possesses a statewide license in accordance with sections 324.900 to 324.945. A statewide licensed electrical contractor shall represent only one firm, company, corporation, institution, or organization at one time.

  2. Any person operating as an electrical contractor in a political subdivision that does not require the contractor to hold a local license, or that operates as an electrical contractor in a political subdivision that requires a local license possessed by that person, shall not be required to possess a statewide license under sections 324.900 to 324.945 to continue to operate as an electrical contractor in such political subdivision.

(L. 2017 S.B. 240, A.L. 2018 H.B. 1719 merged with S.B. 840 merged with S.B. 862)


Mo. Rev. Stat. § 327.241

327.241. Examination for licensure, requirements. — 1. After it has been determined that an applicant possesses the qualifications entitling the applicant to be examined, each applicant for examination and licensure as a professional engineer in Missouri shall appear before the board or its representatives for examination at the time and place specified.

  1. The examination or examinations shall be of such form, content and duration as shall be determined by the board to thoroughly test the qualifications of each applicant to practice as a professional engineer in Missouri.

  2. Any applicant to be eligible for a license must make a grade on each examination of at least seventy percent.

  3. The engineering examination shall consist of two parts; the first part may be taken by any person after such person has satisfied the educational requirements of section 327.221, or who is in his or her final year of study in an accredited school of engineering; and upon passing part one of the examination and providing proof that such person has satisfied the educational requirements of section 327.221 and upon payment of the required fee, such person shall be an engineer-intern, subject to the other provisions of this chapter.

  4. Any engineer-intern, as defined in subsection 4 of this section, may take part two of the engineering examination and upon passing it and having acquired at least four years of satisfactory engineering experience shall be entitled to receive a license, subject, however, to the other provisions of this chapter.

  5. Notwithstanding the provisions of subsections 4 and 5 of this section, the board may, in its discretion, provide by rule that any person who has graduated from and holds an engineering degree from an accredited school of engineering may thereupon be eligible to take both parts of the engineering examination and that upon passing said examination and acquiring four years of satisfactory engineering experience, after graduating and receiving a degree as aforesaid, shall be entitled to receive a license to practice as a professional engineer, subject, however, to the other provisions of this chapter.

  6. Any person who has graduated from and has received a degree in engineering from an accredited school of engineering may take both parts of the examination and upon passing and having acquired four years of satisfactory engineering experience shall be entitled to receive a license to practice as a professional engineer, subject, however, to the other provisions of this chapter.

(L. 1969 S.B. 117, A.L. 1977 S.B. 439, A.L. 1981 S.B. 16, A.L. 1983 S.B. 324, A.L. 1999 H.B. 343, A.L. 2014 S.B. 809, A.L. 2021 H.B. 273 merged with H.B. 476)


Mo. Rev. Stat. § 339.040

339.040. Licenses granted to whom — examination — qualifications — fee — temporary broker's license, when. — 1. Licenses shall be granted only to persons who present, and corporations, associations, partnerships, limited partnerships, limited liability companies, and professional corporations whose officers, managers, associates, general partners, or members who actively participate in such entity's brokerage, broker-salesperson, or salesperson business present, satisfactory proof to the commission that they are competent to transact the business of a broker or salesperson in such a manner as to safeguard the interest of the public.

  1. In order to determine an applicant's qualifications to receive a license under sections 339.010 to 339.180 and sections 339.710 to 339.860*, the commission shall hold oral or written examinations at such times and places as the commission may determine.

  2. Each applicant for a broker or salesperson license shall be at least eighteen years of age and shall pay the broker examination fee or the salesperson examination fee.

  3. Each applicant for a broker license shall be required to have satisfactorily completed the salesperson license examination prescribed by the commission. For the purposes of this section only, the commission may permit a person who is not associated with a licensed broker to take the salesperson examination.

  4. Each application for a broker license shall include a certificate from the applicant's broker or brokers that the applicant has been actively engaged in the real estate business as a licensed salesperson for at least two years immediately preceding the date of application, and shall include a certificate from a school accredited by the commission under the provisions of section 339.045 that the applicant has, within six months prior to the date of application, successfully completed the prescribed broker curriculum or broker correspondence course offered by such school, except that the commission may waive all or part of the requirements set forth in this subsection when an applicant presents proof of other educational background or experience acceptable to the commission. Each application for a broker-salesperson license shall include evidence of the current broker license held by the applicant.

  5. Each application for a salesperson license shall include a certificate from a school accredited by the commission under the provisions of section 339.045 that the applicant has, within six months prior to the date of application, successfully completed the prescribed salesperson curriculum or salesperson correspondence course offered by such school, except that the commission may waive all or part of the educational requirements set forth in this subsection when an applicant presents proof of other educational background or experience acceptable to the commission.

  6. The commission may issue a temporary work permit pending final review and printing of the license to an applicant who appears to have satisfied the requirements for licenses. The commission may, at its discretion, withdraw the work permit at any time.

  7. Every active broker, broker-salesperson, salesperson, officer, manager, general partner, member or associate shall provide upon request to the commission evidence that during the two years preceding he or she has completed twelve hours of real estate instruction in courses approved by the commission. The commission may, by rule and regulation, provide for individual waiver of this requirement.

  8. Each entity that provides continuing education required under the provisions of subsection 8 of this section may make available instruction courses that the entity conducts through means of distance delivery. The commission shall by rule set standards for such courses. The commission may by regulation require the individual completing such distance-delivered course to complete an examination on the contents of the course. Such examination shall be designed to ensure that the licensee displays adequate knowledge of the subject matter of the course, and shall be designed by the entity producing the course and approved by the commission.

  9. In the event of the death or incapacity of a licensed broker, or of one or more of the licensed general partners, officers, managers, members or associates of a real estate partnership, limited partnership, limited liability company, professional corporation, corporation, or association whereby the affairs of the broker, partnership, limited partnership, limited liability company, professional corporation, corporation, or association cannot be carried on, the commission may issue, without examination or fee, to the legal representative or representatives of the deceased or incapacitated individual, or to another individual approved by the commission, a temporary broker license which shall authorize such individual to continue for a period to be designated by the commission to transact business for the sole purpose of winding up the affairs of the broker, partnership, limited partnership, limited liability company, professional corporation, corporation, or association under the supervision of the commission.

(L. 1941 p. 424 § 7, A.L. 1945 p. 1423, A.L. 1978 S.B. 811, A.L. 1981 S.B. 16, A.L. 1983 H.B. 100, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985, A.L. 2006 H.B. 1339, A.L. 2010 H.B. 1692, et al. and A.L. 2010 S.B. 754, A.L. 2011 H.B. 315, A.L. 2020 H.B. 2046)

*Section 339.860 was repealed by S.B. 613 Revision, 2007.


Mo. Rev. Stat. § 339.519

339.519. Term of license — expiration date to appear on certificate or license — continuing education requirement, proof. — 1. The term of an original certificate or license issued pursuant to sections 339.500 to 339.549 shall be for a period set by the commission. All certificates and licenses shall be subject to renewal on the same date. The expiration date of the certificate or license shall appear on the certificate or license and no other notice of its expiration need be given to its holder.

  1. The commission shall require every state-certified or state-licensed real estate appraiser to provide satisfactory evidence of the completion of the required continuing education hours as promulgated by the appraiser qualifications board.

(L. 1990 H.B. 1456 § 11, A.L. 1998 H.B. 1601, et al., A.L. 2007 S.B. 272)


Mo. Rev. Stat. § 339.525

339.525. Renewals, procedure — renewal of an expired certificate or license, when, fee — inactive status granted, when. — 1. To obtain a renewal certificate or license, a state certified real estate appraiser or state licensed real estate appraiser shall make application and pay the prescribed fee to the commission not earlier than one hundred twenty days nor later than thirty days prior to the expiration date of the certificate or license then held. With the application for renewal, the state certified real estate appraiser or state licensed real estate appraiser shall present evidence in the form prescribed by the commission of having completed the continuing education requirements for renewal specified in section 339.530.

  1. If a person is otherwise eligible to renew the person's certification or license, the person may renew an expired certification or license within two years from the date of expiration. To renew such expired certification or license, the person shall submit an application for renewal, pay the renewal fee, pay a delinquent renewal fee as established by the commission, and present evidence in the form prescribed by the commission of having completed the continuing education requirements for renewal specified in section 339.530. Upon a finding of extenuating circumstances, the commission may waive the payment of the delinquent fee.

  2. If a person has failed to renew the person's license within two years of its expiration, the license shall be void.

  3. The commission is authorized to issue an inactive certificate or license to a state-certified real estate appraiser or a state-licensed real estate appraiser who makes written application for such on a form provided by the commission and remits the fee for an inactive certificate or license established by the commission. An inactive certificate or license may be issued only to a person who has previously been issued a certificate or license to practice as a real estate appraiser in this state, who is no longer regularly engaged in such practice, and who does not hold himself or herself out to the public as being professionally engaged in such practice in this state. Each inactive certificate or license shall be subject to all provisions of this chapter, except as otherwise specifically provided. Each inactive certificate or license may be renewed by the commission subject to all provisions of this section and all other provisions of this chapter. An inactive licensee may apply for a certificate or license to regularly engage in the practice of real estate appraising upon filing a written application on a form provided by the commission, submitting the reactivation fee established by the commission and submitting satisfactory proof of current competency as established by the commission.

  4. To obtain a renewal license, an appraisal management company shall make application on a form prescribed by the commission and pay the prescribed fee.

  5. To obtain a renewal license, a state-licensed appraiser trainee, state-certified residential appraiser trainee, or state-certified general appraiser trainee shall request an extension in writing at least thirty days prior to the expiration date as required by rule.

(L. 1990 H.B. 1456 § 14, A.L. 1997 S.B. 141, A.L. 2007 S.B. 272, A.L. 2012 H.B. 1103)


Mo. Rev. Stat. § 341.190

341.190. Powers of board to revoke or suspend license. — The board of plumbing and sewer inspection shall have the power to revoke or suspend any license issued by the board upon satisfactory proof that the holder of such license shall have obtained the same by fraud or misrepresentation or failed to or refused to comply with the provisions of sections 341.090 to 341.220 or regulations adopted pursuant thereto after notice given by the supervisor or has been convicted of the violation of any of the provisions of sections 341.090 to 341.220 and the regulations adopted thereunder. A revoked or suspended license shall be subject to reinstatement after a period of three months from the date of its revocation or suspension upon application in the same manner as provided herein for the original application for license. The finding of the board in revoking any such license may be reviewed by the circuit court of the county by certiorari.

(L. 1943 p. 831 § 7)


Mo. Rev. Stat. § 447.500

447.500 to 447.595 .

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(RSMo 1939 § 620, A.L. 2002 S.B. 1248)

Prior revisions: 1929 § 620; 1919 § 5309; 1909 § 6256

Effective 6-19-02

(1951) Where, after closing of banks, plans were adopted resulting in transfer of part of assets and equal percent of liabilities to another bank and remainder to liquidating trustees, transfer to trustees was assignment for benefit of creditors under this section, so that unclaimed liquidating dividends in hands of trustees escheat. Jones v. Fidelity Nat. Bank & Trust Co., 362 Mo. 712, 243 S.W.2d 970.

(1965) Words "leaving no heirs or representatives" mean "no known heirs", but state has burden of proof to show no known heirs. State ex rel. Henry v. Malhman (Mo.), 386 S.W.2d 1.

---- end of effective  19 Jun 2002 ----

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Mo. Rev. Stat. § 470.180

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 470.180

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

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Effective - 28 Aug 1939

   

  470.180.   Petition served on whom. — A copy of this petition shall be served upon the prosecuting attorney of the county, who shall make answer thereto; and the court shall examine the allegations and proofs, and if it appear that the person has a good claim, title or interest in such estate, the court shall decree accordingly, divesting the state of any interest therein; but in no case shall costs be adjudged against the state.

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(RSMo 1939 § 637)

Prior revisions: 1929 § 637; 1919 § 5326; 1909 § 6273

---- end of effective  28 Aug 1939 ----

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Mo. Rev. Stat. § 472.100

472.100 at least twenty-nine days prior to the filing of the statement of account which notice stated that: (a) the independent personal representative would file the statement of account on a date certain or as continued by the court, and (b) objections to the schedule of proposed distribution shall be filed with the court within twenty days after the filing of the statement of account.  The notice shall be published once a week for four consecutive weeks, the last publication to be at least seven days prior to the date specified in the notice for filing of the statement of account.

  3.  Copies of the statement of account, omitting vouchers, copies of the original and any supplementary and corrected inventories and all settlements filed in the court, and a notice, shall be mailed together by ordinary mail before they are filed in the court to each interested party.  The notice shall state that the statement of account will be filed in the court on a date stated in the notice.  Such notice shall further state that if no objection is filed in the court within twenty days after the filing of the statement of account, the independent personal representative will distribute in accordance with the schedule of proposed distribution contained in the statement of account.  The notice shall further state that if no proceeding is commenced in the court within six months after the filing of the statement of account, the independent personal representative is discharged from further claim or demand by an interested party.

  4.  If no objection is filed within such twenty days after filing, the court shall not have any duty to audit or make inquiry into such statement of accounts, and the personal representative shall make distribution in accordance with the proposed schedule as filed.  If an objection is filed within twenty days, the court shall conduct a hearing on such objections and, if necessary shall require vouchers and audit the statement of account, and thereafter determine and order proper distribution and make an order discharging the representative.

  5.  Proof of the mailing of the notice and of the copies of the statement of account, inventories and settlements shall be filed in the court with the statement of account, and such proof shall be by a statement signed by the independent personal representative listing the persons to whom and addresses to which mailing was made and the date of mailing.

  6.  If no proceeding involving the independent personal representative is filed in the court within six months after the statement of account is filed, the representative is discharged from further claim or demand by any interested party.  The court shall not make any order of discharge.  If proceedings are filed within six months after the statement of account is filed, the liability, if any, of the representative, to interested parties, shall be determined by the court, and upon satisfaction of any such liability the court shall make an order discharging the representative.

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(L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision, A.L. 1983 H.B. 369, A.L. 1996 S.B. 494)

Effective 5-23-96

---- end of effective  23 May 1996 ----

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Mo. Rev. Stat. § 472.100

472.100 .

  3.  At the time specified in the notice, the court, upon satisfactory proof of the delivery of a copy of the account and written notice of the settlement to the protectee or person entitled thereto, or the protectee's written waiver thereof, or in case the court has ordered notice to be given by publication, then upon proof of compliance with such order, shall proceed to examine the accounts of the conservator, correct all errors therein, if any there be, and make a final settlement with the conservator; or the court may, for good cause, continue the settlement and proceed therein at any time agreed upon by the parties or fixed by the court.

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(RSMo 1939 § 430, A.L. 1955 p. 385 § 339, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

Prior revisions: 1929 § 430; 1919 § 426; 1909 § 456

---- end of effective  28 Aug 2018 ----

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Mo. Rev. Stat. § 472.120

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 472.120

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Effective - 28 Aug 1955

   

  472.120.   Amendment of proof of service. — At any time in its discretion and upon such terms as it deems just, the court may allow any process, return or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

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(L. 1955 p. 385 § 12A)

---- end of effective  28 Aug 1955 ----

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Mo. Rev. Stat. § 472.280

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 472.280

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

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  472.280.   Records of probate division of circuit court — may be kept by means other than bound volumes — reading equipment, index to be provided. — 1.  The court shall keep the following:

  (1)  An index in which files, pertaining to estates of deceased persons, shall be indexed under the name of the decedent, and those pertaining to guardianships and conservatorships under the name of the ward and protectee; after the name of each file shall be shown the file and register number and the book and page of the register;

  (2)  A register, arranged in numerical order, in which shall be listed in chronological order under the file and register number and the name of the decedent or ward or protectee, all documents filed or issued and all orders, judgments and decrees made pertaining to the estate, the date thereof, and a reference to the volume and page of any other book in which any record has been made of such order or document;

  (3)  An abstract of all judgments of other courts filed and of all claims established in the probate division of the circuit court against the estate of each decedent which shall show their amount, date and class, and to whom payable;

  (4)  A record of wills exhibited to be proven properly indexed, in which shall be recorded such wills, together with the proof thereof and the certificate of probate or rejection thereof;

  (5)  A record of bonds, in which shall be recorded all bonds filed;

  (6)  A record of letters, in which shall be entered all letters issued;

  (7)  A record of inventories, in which shall be recorded all inventories and appraisements;

  (8)  A record of settlements in which shall be recorded the accounts and settlements of all personal representatives, conservators, and guardians;

  (9)  A record of probate proceedings, which shall contain all orders, judgments and decrees of the court;

  (10)  A record of the minutes of the proceedings of the court.

  2.  All vouchers and receipts in any estate filed in the court may be destroyed on order of the court after they have been on file for a period of five years after final termination of administration proceedings in the estate.

  3.  Other provisions of law to the contrary notwithstanding, any records required to be kept by the probate division of the circuit court under subsection 1 of this section or by any other law may be kept and maintained by means other than bound volumes of paper pages, including such means as photography, microphotography, photostatic process, electrostatic process, facsimile reproduction, perforated tape, magnetic tape or other electromagnetic means, electronic data processing, machine-readable media, graphic or video display, or any combination thereof.  All courts keeping records and information by any of the aforesaid means shall keep and have readily available to the public the necessary machines and equipment to present the records and information in a readily readable form; and, further, the courts shall properly and adequately index such records and information so that the same shall be readily retrievable.

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(L. 1955 p. 385 § 29, A.L. 1969 S.B. 81, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

---- end of effective  28 Aug 1983 ----

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Mo. Rev. Stat. § 472.290

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

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Effective - 01 Jan 1981 , see footnote    

  472.290.   Rules of evidence to apply — exceptions — specific rules. — In proceedings under this code the rules of evidence in circuit courts, including any relating to simultaneous deaths, are applicable unless specifically displaced by the code.  In addition, the following rules relating to determination of death and status are applicable:

  (1)  A certified or authenticated copy of a death certificate issued by an official or agency of the place where the death occurred is prima facie proof of the fact, place, date, time of death, and the identity of the decedent;

  (2)  A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence, sufficient to support a judicial finding, of the status and of the dates, circumstances, and places disclosed by the record or report;

  (3)  A person who is absent for a continuous period of five years, during which time he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead.  His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.

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(L. 1980 S.B. 637)

Effective 1-01-81

---- end of effective  01 Jan 1981 ----

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Mo. Rev. Stat. § 473.030

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

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Effective - 28 Aug 1955

   

  473.030.   Request for special notice of hearings. — At any time after the issuance of letters, any person interested in the estate, in person or by attorney, may serve upon the executor or administrator, or upon his attorney, and file with the clerk of the court where the proceedings are pending, with a written acknowledgment of or proof of service, a written request, stating that he desires written notice by ordinary mail of the time and place of all hearings on the settlement of accounts, on final distribution, and on any other matters for which any notice is required by law, by rule of court or by an order in the particular case.  The applicant for notice shall include in his written request his post-office address or that of his attorney.  Unless the court otherwise directs, upon filing the request the clerk shall give the applicant notice of all hearings for which any notice is required as aforesaid, or of such of those hearings as he designates in his request.

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(L. 1955 p. 385 § 36)

(1987) Order granting special notice of probate hearings to interested person pursuant to this section was not subject to interlocutory appeal.  Cordes v. Caldwell, 731 S.W.2d 463 (Mo.App.E.D.)

---- end of effective  28 Aug 1955 ----

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Mo. Rev. Stat. § 473.047

473.047 shall be attached to each written will which is in the custody of the court.  Such certificate shall set forth the names of the witnesses examined together with their testimony.  If for any reason a written will is not in the custody of the court, the court shall find the contents thereof, and the order admitting the will to probate shall state the contents and a certificate shall be annexed as above provided.  Every will certified as herein provided, or the record thereof, or a duly certified transcript of the record, may be read in evidence in the courts in this state without further proof.

­­--------

(L. 1955 p. 385 § 51)

---- end of effective  28 Aug 1955 ----

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Mo. Rev. Stat. § 473.403

473.403 .  Proof of publication of notice under this section and proof of mailing of notice shall be filed not later than ten days after completion of the publication.  The notice shall be in substantially the following form:

­

To all persons interested in the estate of ______, decedent:

On the __ day of _, 20, (the last will of the decedent having been admitted to probate) was appointed the personal representative of the estate of , decedent, by the probate division of the circuit court of County, Missouri. The business address of the personal representative is , and the personal representative's attorney is of ___.

All creditors of the decedent are notified to file claims in court within six months from the date of first publication of this notice or if a copy of this notice was mailed to, or served upon, such creditor by the personal representative, then within two months from the date it was mailed or served, whichever is later, or be forever barred to the fullest extent permissible by law. Such six-month period and such two-month period do not extend the limitation period that would bar claims one year after the decedent's death, as provided in section 473.444, RSMo, or any other applicable limitation periods. Nothing in section 473.033, RSMo, shall be construed to bar any action against a decedent's liability insurance carrier through a defendant ad litem pursuant to section 537.021, RSMo.

Receipt of this notice by mail should not be construed by the recipient to indicate that the recipient necessarily has a beneficial interest in the estate. The nature and extent of any person's interest, if any, can be determined from the files and records of this estate in the probate division of the circuit court of ______ County, Missouri.

Date of the decedent's death was __, 20____

Date of first publication is __, 20____

______ 

Clerk of the Probate Division

of the Circuit Court

______ County, Missouri

­

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(L. 1955 p. 385 § 37, A.L. 1969 S.B. 86, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 H.B. 369, A.L. 1989 H.B. 145, A.L. 1993 S.B. 88, A.L. 1996 S.B. 494)

Effective 5-23-96

(1962)Â Â 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.

(1985)  Held, due process does not require any more than publication notice to a creditor that a decedent's estate is being administered and the notice provisions of sections 473.360 and 473.033, RSMo, are constitutional.  Estate of Busch v. Ferrell-Duncan Clinic (Mo. banc) 700 S.W.2d 87.

---- end of effective  23 May 1996 ----

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Mo. Rev. Stat. § 473.618

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

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  473.618.   Notice to judgment creditors of distribution — contents of request. — 1.  Any judgment creditor of a distributee desiring notice of any partial or final distribution or both, may, at any time subsequent to the granting of letters testamentary or of administration, file with the clerk of the probate division of the circuit court having jurisdiction a duly acknowledged request for such notice and shall cause a copy of the request to be served upon the personal representative administering the estate or upon such representative's attorney of record.  The request shall specify the name and address of the judgment creditor, the name of the debtor-distributee and the identity of the estate.  A separate request shall be filed for each judgment creditor of a distributee desiring notice.  After the serving and filing of any such request, any distributee mentioned in the request may be referred to as a "debtor-distributee".

  2.  No partial or final distribution shall be made by a supervised or independent personal representative to a debtor-distributee after the serving and filing of any such request until at least twenty days after such representative has caused to be deposited in the United States mail an envelope certified or registered, and with postage fully prepaid, enclosing a notice of the distribution and the date when such distribution will be made, addressed to each person whose name and address is set forth in a request served and filed as provided in subsection 1 of this section.  Actual receipt by the addressee of the envelope shall not be necessary to establish compliance with the requirements of this section.  The receipt issued by the United States Post Office for certified or registered mail to evidence that the envelope has been delivered by the personal representative to the United States Post Office shall constitute proof of compliance with the notice requirements of this section.  Any distribution made by any personal representative to a debtor-distributee prior to the time specified in the notice required by this subsection shall not discharge such representative as against a garnishment, attachment or other judicial process with respect to such debtor-distributee which is served upon such representative or upon such representative's attorney of record by or in behalf of any judgment creditor who has served and filed a request as described in subsection 1 of this section if such distribution is made after the serving and filing of such request by such judgment creditor and if such garnishment, attachment or other judicial process is served upon such personal representative or such representative's attorney of record prior to the scheduled date of such distribution.

­­--------

(L. 1985 S.B. 35, et al., A.L. 1996 S.B. 869)

Effective 7-01-97

---- end of effective  01 Jul 1997 ----

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Mo. Rev. Stat. § 473.844

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

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Effective - 28 Aug 1983

   

  473.844.   Distribution in kind — deeds, evidentiary effect — improper distribution, liability of distributee, exceptions. — 1.  If distribution in kind is made, the independent personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the title of the distributee to the property.

  2.  Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from an independent personal representative, is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the independent personal representative may recover the assets or their value if the distribution was improper.

  3.  Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if he has the property.  If he does not have the property, then he is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by him.

­­--------

(L. 1983 H.B. 369)

---- end of effective  28 Aug 1983 ----

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Mo. Rev. Stat. § 475.123

475.123 , the court shall immediately appoint an attorney to represent the respondent in the proceeding.  The attorney shall visit the respondent at least twenty-four hours prior to the hearing unless the court finds good cause for waiving this requirement.  If the attorney finds that the respondent is capable of understanding the matter in question or of contributing to the advancement of the respondent's interest, the attorney shall obtain from the respondent all possible aid.  If the attorney finds that the respondent is so impaired that the respondent cannot communicate or participate in the proceedings, the attorney shall consider all circumstances then prevailing and act with care to safeguard and advance the interests of the respondent.

  5.  If the court enters an order appointing an attorney for the respondent, it shall specify that the attorney shall have the right to obtain all medical and financial information of the respondent from medical care providers and financial institutions, and no medical care provider or financial institution shall be liable for damages or otherwise for the release of this information to the attorney appointed for the respondent.  The court shall allow a reasonable attorney's fee for the services rendered, to be taxed as costs of the proceeding.  Upon entry of appearance by private counsel on behalf of the respondent, the court may permit the court-appointed attorney to withdraw only if after a hearing the court finds cause to permit the withdrawal.  The private counsel shall meet the requirements of the court-appointed attorney in representing the respondent as provided in subsection 4 of this section.  The respondent's attorney shall not also serve as guardian ad litem or conservator ad litem for the respondent unless and until a judgment granting guardianship, conservatorship, limited guardianship, or limited conservatorship has been entered by the court.  If the attorney for the respondent has filed or intends to file an appeal of such judgment, the attorney for the respondent shall not serve as guardian ad litem or conservator ad litem for the respondent until all proceedings in connection with such appeal have been finally resolved.  The petitioner shall not nominate an attorney for the respondent.

  6.  The court may direct that the respondent be examined by a physician, licensed psychologist, or other appropriate professional if the other professional has experience or training in the alleged mental, physical, or cognitive impairment.  The court-appointed physician, licensed psychologist, or other professional shall, prior to examination, explain to the respondent in simple language, the following:

  (1)  That the purpose of the examination is to produce evidence which may be used to determine whether the respondent is incapacitated, disabled, partially incapacitated, or partially disabled;

  (2)  That respondent has the right to remain silent;

  (3)  That anything respondent says may be used at the court hearing, and in making the determination of incapacity or disability.

  7.  The court-appointed physician, licensed psychologist, or other professional shall submit a report in writing to the court and to counsel for all parties.  It shall not be a valid objection to the review of the report by the court or the attorneys for the parties that the court will be responsible for the ultimate determination of incapacity or partial incapacity.  If other objections to the report are made by any party, the court may order a hearing for the limited purpose of determining whether the court shall admit the report.  The court may allow a reasonable fee for the services rendered by the physician, licensed psychologist, or other professional to be taxed as costs in the proceeding.

  8.  If prima facie proof of partial or complete incapacity or disability, with or without the court-ordered evaluation as provided in subsections 6 and 7 of this section, is made upon motion by any party or the court on its own motion, a physician, licensed psychologist, or other appropriate professional is competent and may be compelled by the court to testify as to information acquired from the respondent, despite otherwise applicable testimonial privileges.  Evidence received under this subsection that would otherwise be privileged and confidential may not be used in any other civil action or criminal proceeding without the consent of the holder of the privilege.  Any resulting report shall be shared with the respondent and counsel for all parties but shall not be used in any other civil action or criminal proceeding without the consent of the holder of the privilege.

  9.  The petitioner has the burden of proving incapacity, partial incapacity, disability, or partial disability by clear and convincing evidence.

  10.  The respondent shall have the following rights in addition to those elsewhere specified and shall be advised of these rights by the attorney for the respondent:

  (1)  The right to be represented by an attorney;

  (2)  The right to have a jury trial;

  (3)  The right to present evidence in the respondent's behalf;

  (4)  The right to cross-examine witnesses who testify against the respondent;

  (5)  The right to remain silent;

  (6)  The right to have the hearing opened or closed to the public as the respondent elects;

  (7)  The right to a hearing conducted in accordance with the rules of evidence in civil proceedings, except as modified by this chapter;

  (8)  The right to be present at the hearing;

  (9)  The right to appeal the court's decision.

  11.  If the court finds that the respondent possesses capacity to manage the respondent's essential requirements for food, clothing, shelter, safety, and other care or that the respondent possesses the ability to manage the respondent's financial resources, the court shall deny the petition.  On the other hand, if the court finds that the capacity of the respondent to receive and evaluate information or to communicate decisions is impaired to such an extent as to render the respondent incapable of managing some or all of the respondent's essential requirements for food, clothing, shelter, safety or other care so that serious physical injury, illness, or disease is likely to occur, or that the capacity of the respondent to receive and evaluate information or to communicate decisions is impaired to such an extent so as to render the respondent unable to manage some or all of the respondent's financial resources, the court shall appoint a guardian or limited guardian, a conservator or limited conservator, or both in combination.

  12.  If the court finds the respondent to be in some degree incapacitated or disabled, or both, the court, in determining the degree of supervision necessary, shall apply the least restrictive alternative principle as defined in this chapter and shall not restrict the respondent's personal liberty or the respondent's freedom to manage the respondent's financial resources to any greater extent than is necessary to protect the respondent's person and the respondent's financial resources.  The limitations imposed upon the authority of the guardian or conservator as set forth in the findings of the court shall be stated in the letters of the guardian or conservator and shall be set forth in the notice of first publication of letters of conservatorship granted.

  13.  Before appointing a guardian or conservator, the court shall consider whether the respondent's needs may be met without the necessity of the appointment of a guardian or conservator, or both, by a less restrictive alternative including, but not limited to, the following:

  (1)  Evidence that the respondent has appointed an attorney-in-fact in a durable power of attorney executed by the respondent before the petition was filed;

  (2)  The management of the beneficial interests of the respondent in a trust by a trustee;

  (3)  Evidence that a representative payee has been appointed to manage the respondent's public benefits;

  (4)  Supported decision-making agreements or the provision of protective or supportive services or arrangements provided by individuals or public or private services or agencies;

  (5)  The use of appropriate services or assistive technology;

  (6)  The appointment of a temporary emergency guardian ad litem or conservator ad litem under subsection 15 of this section; or

  (7)  The appointment of a limited guardian or conservator.

  14.  The court shall make and recite in its order detailed findings of fact stating:

  (1)  The extent of the respondent's physical, mental, and cognitive incapacity to manage essential requirements for food, clothing, shelter, safety, or other care;

  (2)  The extent of the respondent's physical, mental, and cognitive incapacity to manage the respondent's financial resources;

  (3)  Whether the respondent requires placement in a supervised living situation and, if so, the degree of supervision needed;

  (4)  Whether the respondent's financial resources require supervision and, if so, the nature and extent of supervision needed;

  (5)  Whether the respondent retains the right to vote;

  (6)  Whether the respondent is permitted to drive a motor vehicle if the respondent can pass the required driving test; and

  (7)  Whether the respondent retains the right to marry.

  15.  If it is alleged in a petition that an alleged incapacitated or disabled respondent has no guardian or conservator and an emergency exists that presents a substantial risk that serious physical harm will occur to the respondent's person or irreparable damage will occur to the respondent's property because of the respondent's failure or inability to provide for the respondent's essential human needs or to protect the respondent's property, the court may, with notice to such person's attorney, as provided in subsection 4 of this section, and service of notice upon such person as provided in subsection 2 of this section, and, with or without notice to other persons interested in the proceeding, after hearing, appoint an emergency guardian ad litem or conservator ad litem for a specified period not to exceed ninety days and for specified purposes.  Except for good cause shown, the court shall hold a hearing on petitions filed under this section within five business days of the filing of the petition.  Orders appointing the guardian or conservator ad litem may be modified upon motion and hearing.  Only after a hearing and a showing of continuing emergency need, the court may order the extension of the appointment of an emergency guardian ad litem or conservator ad litem from time to time, not to exceed ninety days each.  A guardian ad litem or conservator ad litem may be removed at any time and shall make any report the court requires.  Proceedings under this subsection shall not be employed as alternative to proceedings for the involuntary detention and treatment of a mentally ill person under the provisions of chapter 632 .  If no petition for guardianship, conservatorship, limited guardianship, or limited conservatorship has been filed within the first ninety days following the granting of emergency authority under this section, the court may terminate the authority granted under the emergency letters upon motion of the attorney for the respondent and a finding that doing so would not be manifestly contrary to the respondent's interest.

­­--------

(RSMo 1939 §§ 447, 449, A.L. 1955 p. 385 § 297, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2018 S.B. 806)

Prior revisions: 1929 §§ 448, 450; 1919 §§ 444, 446; 1909 §§ 474, 476

(1986) Waiver of rights under this section must be affirmative and on the record. In re Link, 713 S.W.2d 487 (Mo. banc).

(1996) A court may not circumvent the right to a jury trial by entering a judgment notwithstanding the verdict against the alleged incompetent.  Matter of Korman, 913 S.W.2d 416 (Mo.App.E.D.).

---- end of effective  28 Aug 2018 ----

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Mo. Rev. Stat. § 475.140

475.140 , the court, upon its own motion or the motion of any interested person, may at any time direct the giving of notice to creditors of a protectee requiring them to file their claims in the court within a period stated in the notice, not less than two months from the date of the first publication of the notice.  Any creditor who fails to file his claim within the time prescribed in the notice provided for by this subsection shall be barred from participating in any disbursement ordered paid by the court from assets then on hand.  The conservator shall list the complete name and address of every creditor of the estate known to him and shall give each creditor so listed written notice by ordinary mail of the time for filing claims.  On or before the expiration of the period stated in the notice, the conservator shall file the list of creditors along with proof of service as provided in section


Mo. Rev. Stat. § 475.245

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 475.245

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

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Effective - 28 Aug 1983

   

  475.245.   Deeds by conservator or successor, acknowledgment, evidentiary effect — sheriff of county to sign deed, when. — 1.  Any conservator, having received payment of the purchase money for any real estate sold by him under this law, shall execute and deliver to the purchaser thereof deeds of conveyance for the same, referring in apt and appropriate terms to the order of the court, the advertisement and appraisement and description of the real estate, the time, place and terms of sale, and the payment of the purchase money, and conveying to the purchaser all the right, title and interest of the protectee in the real estate sold.  The recitals in the deed are prima facie evidence of the facts stated therein.

  2.  If any conservator, because of death, removal or other cause, fails to complete any sale, or make the deed, his successor, or if there be none, then the sheriff of the county, on order of the court, shall complete the sale or make the deed.

  3.  All deeds and conveyances executed by conservators shall be acknowledged and recorded as other instruments conveying real estate, and with like effect, and, when so acknowledged, shall be received in evidence in all courts of this state without further proof.

­­--------

(RSMo 1939 §§ 408, 409, A.L. 1955 p. 385 § 330, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 408, 409; 1919 §§ 404, 405; 1909 §§ 434, 435

---- end of effective  28 Aug 1983 ----

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Mo. Rev. Stat. § 475.340

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

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  475.340.   Mortgage or sale of real estate of ward by nonresident conservator. — 1.  When a nonresident person, owning real estate in this state, has a guardian, committee, curator or conservator of the estate in the state or territory in which he resides, the probate division of the circuit court in the proper county may authorize his guardian, committee, curator or conservator of the estate, either in person or by his agent, acting under power of attorney, to mortgage, or renew or extend any mortgage, on the person's real estate, or to sell the real estate and receive the proceeds of sale, and in case the person dies before the sale is completed, the guardian, curator, conservator, or agent shall complete the sale and pay the proceeds to the personal representative of the person.

  2.  Before any order is made for the payment of money to a nonresident guardian, curator, committee or conservator of the estate, or for the sale, mortgage, or renewal or extension of a mortgage on the property of the person by him, he shall produce satisfactory evidence to the court that he has given bond and security, as guardian, curator, committee or conservator, in the state or territory in which he and the person reside, in an amount sufficient under the laws of the state or territory in which he and his ward reside to cover the sum to be paid him or the appraised value of the property to be sold, in addition to such other property as is in his hands; and the proof shall consist of a copy of the record setting forth his appointment as guardian, committee, curator or conservator, and also a copy of his bond, executed as such, certified according to the act of Congress which regulates the authentication of records.

­­--------

(RSMo 1939 §§ 404, 415, A.L. 1955 p. 385 § 349, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)

Prior revisions: 1929 §§ 404, 415; 1919 §§ 400, 411; 1909 § 441

---- end of effective  28 Aug 1985 ----

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Mo. Rev. Stat. § 475.395

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  475.395.   Number of wards limited. — No person, other than a bank, trust company or public administrator shall be guardian of more than five wards at one time, unless all the wards are members of one family.  Upon presentation of a petition by an attorney of the Veterans Administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting from such guardian and shall discharge him from guardianships in excess of five and forthwith appoint a successor.

­­--------

(L. 1947 V. I p. 4 § 4, A.L. 1951 p. 884)

---- end of effective  28 Aug 1951 ----

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Mo. Rev. Stat. § 475.405

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

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Effective - 10 Sep 1947 , see footnote    

  475.405.   Proof of necessity for appointment — minority. — Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his authorized representative, setting forth the age of such minor as shown by the records of the Veterans Administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Veterans Administration shall be prima facie evidence of the necessity for such appointment.

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(L. 1947 V. I p. 4 § 6)

---- end of effective  10 Sep 1947 ----

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Mo. Rev. Stat. § 475.410

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 475.410

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

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Effective - 10 Sep 1947 , see footnote    

  475.410.   Proof of necessity for appointment — incompetency. — Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative, that such person has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing such Veterans Administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such ward by the Veterans Administration, shall be prima facie evidence of the necessity for such appointment.

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(L. 1947 V. I p. 4 § 7)

---- end of effective  10 Sep 1947 ----

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Mo. Rev. Stat. § 476.030

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 476.030

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Title XXXII COURTS

Chapter 476

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Effective - 28 Aug 1939

   

  476.030.   Private seal used, when. — When no seal is provided, the clerk may use his private seal for the authentication of any record, process or proceeding required by law to be authenticated by the seal of the court; and the attestation of the clerk, stating that he has no seal of office, and that he has affixed his private seal, shall be received as sufficient authentication, without requiring any proof of such private seal, or that it was affixed.

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(RSMo 1939 § 1992)

Prior revisions: 1929 § 1828; 1919 § 2325; 1909 § 3847

---- end of effective  28 Aug 1939 ----

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Mo. Rev. Stat. § 476.120

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 476.120

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Title XXXII COURTS

Chapter 476

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Effective - 28 Aug 1939

   

  476.120.   Punishment for contempt. — Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court.

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(RSMo 1939 § 2029)

Prior revisions: 1929 § 1865; 1919 § 2360; 1909 § 3882

(1976) Proceedings to cite defendant for contempt for failure to pay court ordered support and maintenance for plaintiff and their minor children classified as civil contempt and subject to review on appeal. Judgment, with sentence of imprisonment, reversed and remanded since there was no evidence from which trial court could have concluded that defendant was financially able to pay the award. Teefey v. Teefey (Mo.), 533 S.W.2d 563.

(1977) Held, that purpose of contempt citation is to vindicate the authority of the court and deter future defiance by disobedient parties. Chemical Fireproofing Corp. v. Bronska (A.), 533 S.W.2d 710.

---- end of effective  28 Aug 1939 ----

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Mo. Rev. Stat. § 482.350

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 482.350

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Title XXXII COURTS

Chapter 482

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Effective - 28 Aug 1985

   

  482.350.   Personal service not required — exceptions — procedure for service — proof of service, what constitutes — record of service. — Personal service is not required for the service of any summons issuing out of a small claims court, unless specifically requested by the plaintiff.  The service may be made by mailing a copy of the summons and the complaint to the defendant at his last known address by certified mail, return receipt requested, delivery restricted to the addressee.  The envelope and the return receipt shall be stamped with the docket number of the case.  The receipt for certified mail shall state the name and address of the addressee and the date of mailing and shall be attached to the original summons.  The return receipt, when signed by the addressee and when returned to the clerk, shall be attached to the original summons, and, if it shows delivery at least ten days before the day for appearance, shall constitute proof of service.  The clerk shall note the fact of service in a permanent record.

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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 10, A.L. 1985 S.B. 5, et al.)

---- end of effective  28 Aug 1985 ----

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Mo. Rev. Stat. § 483.390

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Title XXXII COURTS

Chapter 483

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Effective - 28 Aug 1945

   

  483.390.   Papers may be recorded in office of clerk of circuit court — fee charged. — 1.  In all civil actions any party interested therein may, upon payment of the fees, have any or all of the following papers recorded in the office of the clerk of the circuit court in the county in which such action is brought: Petitions, summons, affidavit for publication of notice to nonresident or unknown defendants, sheriff's, or other officer's, return of service to summons, proof of publication of notices to nonresident or unknown defendants, answers, motions, notices of sale of property involved and proof of its publication, return of sale by any sheriff, commissioner, or other officer, in case of sale of real estate, affidavit of commissioner, notice to parties by commissioner in partition, and any other paper or pleading tending to show the service on the defendants for their appearance in such case.

  2.  The clerk of the circuit court shall charge the sum of ten cents per one hundred words for the recording of papers as provided in this section, which sum shall be paid into the county treasury.

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(RSMo 1939 § 13296, A.L. 1945 p. 662)

Prior revision: 1929 § 11677

---- end of effective  28 Aug 1945 ----

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Mo. Rev. Stat. § 486.100

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 486.100

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Title XXXII COURTS

Chapter 486

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Effective - 28 Aug 1939

   

  486.100.   Appointment — powers generally. — The governor may appoint and commission in any other state, in the District of Columbia, in each of the territories of the United States, and in any foreign country, one or more commissioners, who shall continue in office during the pleasure of the governor, and shall have authority to take relinquishments of dower of married women, the acknowledgment or proof of the execution of any deed or other conveyance, or lease of any lands lying in this state, or of any contract, letters of attorney, or of any other writing, under seal or note, to be used and recorded in this state; and such commissioners appointed for any foreign country shall also have authority to certify to the official character, signature or seal of any officer within their district, who is authorized to take acknowledgments or declarations under oath.

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(RSMo 1939 § 13382)

Prior revisions: 1929 § 11760; 1919 § 2138; 1909 § 2701

---- end of effective  28 Aug 1939 ----

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Mo. Rev. Stat. § 493.060

493.060 .  In the case of service by registered or certified mail, where the court requires a return receipt, the return receipt shall be attached to the proof of service if a receipt has been received; if no receipt has been received, or in case a notice served by ordinary mail is returned to the sender, the court may, in its discretion, order further service on the party.

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(L. 1955 p. 385 § 12, A.L. 1957 p. 829, A.L. 1980 S.B. 637)

Effective 1-01-81

---- end of effective  01 Jan 1981 ----

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