478.265. Commissioner of the probate division of circuit court, appointment, qualifications, powers, duties, compensation (counties over 400,000).
Commissioner of the probate division of circuit court, appointment,qualifications, powers, duties, compensation (counties over 400,000).
478.265. The judge of the probate division of the circuitcourt of any county which has more than four hundred thousandinhabitants may appoint a person to be known as commissioner ofthe probate division of the circuit court, who shall possess thesame qualifications and take and subscribe a like oath as suchjudge. The compensation of the commissioner shall be limited,determined and paid in the same manner as division clerks asprovided by subsection 2 of section 483.243, RSMo, until June 30,1981, and section 483.245 RSMo after that date except as providedin sections 478.266 and 478.267; provided, however, that saidcommissioner shall receive a per diem of twenty dollars per dayas compensation unless said commissioner is a regular salariedemployee serving the probate division of the circuit court inwhich event he shall receive no per diem allowance; and hisservice shall extend until terminated by order of the judge ofthe probate division of the circuit court entered of record butnot beyond the term of office of such judge. Subject to approvalor rejection by the judge of the probate division, thecommissioner shall have all the powers and duties of such judge;but the judge shall by order of record reject or confirm allorders, judgments, and decrees of the commissioner within thetime such judge could set aside such orders, judgments, ordecrees, had the same been made by him; and if so confirmed suchorders, judgments, and decrees shall have the same effect as ifmade by the judge on the date of such confirmation.
(L. 1978 H.B. 1634)Effective 1-2-79
*No continuity with § 478.265 as repealed by L. 1978 H.B. 1634; section was formerly numbered 481.115.