Uniform Probate Code, Minnesota Statutes, Section: 524.1-101

Minnesota Statutes 2002, Chapter 524.
Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. ==524.1-101
524.1-101 Citation and numbering system.
This chapter shall be known and may be cited as the Uniform
Probate Code. It is arranged and numbered, subject however to
the provisions of section 3C.10, subdivision 1, so that the
enacted chapter may be compiled in the next published edition of
Minnesota Statutes without change and in conformity with the
official numbering of the Uniform Probate Code. The articles of
Laws 1974, Chapter 442 are numbered out of sequence to
facilitate the possible inclusion of other articles of the
probate code in one chapter.
HIST: 1974 c 442 art 1 s 524.1-101; 1984 c 480 s 19; 1984 c
655 art 2 s 19 subd 7
==524.1-102
524.1-102 Purposes; rule of construction.
(a) This chapter and chapter 525 shall be liberally
construed and applied to promote the underlying purposes and
policies.
(b) The underlying purposes and policies of this chapter
and chapter 525 are:
(1) to simplify and clarify the law concerning the affairs
of decedents, missing persons, protected persons, minors and
incapacitated persons;
(2) to discover and make effective the intent of a decedent
in distribution of property;
(3) to promote a speedy and efficient system for
liquidating the estate of the decedent and making distribution
to successors;
(4) to make uniform the law among the various jurisdictions.
HIST: 1974 c 442 art 1 s 524.1-102; 1975 c 347 s 12; 1986 c
444
==524.1-103
524.1-103 Supplementary general principles of law
applicable.
Unless displaced by the particular provisions of this
chapter, the principles of law and equity supplement its
provisions.
HIST: 1974 c 442 art 1 s 524.1-103
==524.1-104
524.1-104 Severability.
If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, the invalidity
shall not affect other provisions or applications of the chapter
which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
declared to be severable.
HIST: 1974 c 442 art 1 s 524.1-104
==524.1-105
524.1-105 Repealed, 1975 c 347 s 144
==524.1-106
524.1-106 Effect of fraud and evasion.
Whenever fraud has been perpetrated in connection with any
proceeding or in any statement filed under this chapter or if
fraud is used to avoid or circumvent the provisions or purposes
of this chapter, any person injured thereby may obtain
appropriate relief against the perpetrator of the fraud or
restitution from any person, other than a bona fide purchaser,
benefiting from the fraud, whether innocent or not. Any
proceeding must be commenced within two years after the
discovery of the fraud, but no proceeding may be brought against
one not a perpetrator of the fraud later than five years after
the time of commission of the fraud. This section has no bearing
on remedies relating to fraud practiced on a decedent while
living which affects the succession of the estate.
HIST: 1974 c 442 art 1 s 524.1-106; 1986 c 444
==524.1-107
524.1-107 Evidence as to death or status.
In proceedings under chapter 524 the rules of evidence in
courts of general jurisdiction including any relating to
simultaneous deaths, are applicable unless specifically
displaced by this chapter. In addition, the following rules
relating to determination of death and status are applicable:
(1) a certified or authenticated copy of a death record
purporting to be issued by an official or agency of the place
where the death purportedly occurred is prima facie proof of the
fact, place, date and 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 of the status and of the dates, circumstances and
places disclosed by the record or report;
(3) the provisions of section 576.141 shall govern the
presumption of death of a person whose absence is not
satisfactorily explained.
HIST: 1974 c 442 art 1 s 524.1-107; 1975 c 347 s 13; 1Sp2001 c
9 art 15 s 32
==524.1-108
524.1-108 Acts by holder of general power.
For the purpose of granting consent or approval with regard
to the acts or accounts of a personal representative or trustee,
including relief from liability or penalty for failure to post
bond or to perform other duties, and for purposes of consenting
to modification or termination of a trust or to deviation from
its terms, the sole holder or all coholders of a presently
exercisable general power of appointment, including one in the
form of a power of amendment or revocation, are deemed to act
for beneficiaries to the extent their interests as objects,
takers in default, or otherwise, are subject to the power.
HIST: 1974 c 442 art 1 s 524.1-108; 1975 c 347 s 14
==524.1-201
524.1-201 General definitions.
Subject to additional definitions contained in the
subsequent articles which are applicable to specific articles or
parts, and unless the context otherwise requires, in chapters
524 and 525:
(2) "Application" means a written request to the registrar
for an order of informal probate or appointment under article
III, part 3.
(3) "Beneficiary," as it relates to trust beneficiaries,
includes a person who has any present or future interest, vested
or contingent, and also includes the owner of an interest by
assignment or other transfer and as it relates to a charitable
trust, includes any person entitled to enforce the trust.
(5) "Child" includes any individual entitled to take as a
child under law by intestate succession from the parent whose
relationship is involved and excludes any person who is only a
stepchild, a foster child, a grandchild or any more remote
descendant.
(6) "Claims" includes liabilities of the decedent whether
arising in contract or otherwise and liabilities of the estate
which arise after the death of the decedent including funeral
expenses and expenses of administration. The term does not
include taxes, demands or disputes regarding title of a decedent
to specific assets alleged to be included in the estate, tort
claims, foreclosure of mechanic's liens, or to actions pursuant
to section 573.02.
(7) "Court" means the court or branch having jurisdiction
in matters relating to the affairs of decedents. This court in
this state is known as the district court.
(8) "Conservator" means a person who is appointed by a
court to manage the estate of a protected person.
(9) "Descendant" of an individual means all of the
individual's descendants of all generations, with the
relationship of parent and child at each generation being
determined by the definition of child and parent contained in
this section.
(10) "Devise," when used as a noun, means a testamentary
disposition of real or personal property and when used as a
verb, means to dispose of real or personal property by will.
(11) "Devisee" means any person designated in a will to
receive a devise. In the case of a devise to an existing trust
or trustee, or to a trustee on trust described by will, the
trust or trustee is the devisee and the beneficiaries are not
devisees.
(12) "Disability" means cause for a protective order as
described by section 525.54.
(13) "Distributee" means any person who has received or who
will receive property of a decedent from the decedent's personal
representative other than as a creditor or purchaser. A
testamentary trustee is a distributee with respect to property
which the trustee has received from a personal representative
only to the extent of distributed assets or their increment
remaining in the trustee's hands. A beneficiary of a
testamentary trust to whom the trustee has distributed property
received from a personal representative is a distributee of the
personal representative. For purposes of this provision,
"testamentary trustee" includes a trustee to whom assets are
transferred by will, to the extent of the devised assets.
(14) "Estate" includes all of the property of the decedent,
trust, or other person whose affairs are subject to this chapter
as originally constituted and as it exists from time to time
during administration.
(16) "Fiduciary" includes personal representative,
guardian, conservator and trustee.
(17) "Foreign personal representative" means a personal
representative of another jurisdiction.
(18) "Formal proceedings" means those conducted before a
judge with notice to interested persons.
(20) "Guardian" means a person who has qualified as a
guardian of a minor or incapacitated person pursuant to
testamentary or court appointment, but excludes one who is
merely a guardian ad litem.
(21) "Heirs" means those persons, including the surviving
spouse, who are entitled under the statutes of intestate
succession to the property of a decedent.
(22) "Incapacitated person" is as described in section
525.54, other than a minor.
(23) "Informal proceedings" means those conducted by the
judge, the registrar, or the person or persons designated by the
judge for probate of a will or appointment of a personal
representative in accordance with sections 524.3-301 to
524.3-311.
(24) "Interested person" includes heirs, devisees,
children, spouses, creditors, beneficiaries and any others
having a property right in or claim against the estate of a
decedent, ward or protected person which may be affected by the
proceeding. It also includes persons having priority for
appointment as personal representative, and other fiduciaries
representing interested persons. The meaning as it relates to
particular persons may vary from time to time and must be
determined according to the particular purposes of, and matter
involved in, any proceeding.
(27) "Lease" includes an oil, gas, or other mineral lease.
(28) "Letters" includes letters testamentary, letters of
guardianship, letters of administration, and letters of
conservatorship.
(30) "Mortgage" means any conveyance, agreement or
arrangement in which property is used as security.
(31) "Nonresident decedent" means a decedent who was
domiciled in another jurisdiction at the time of death.
(32) "Organization" includes a corporation, government or
governmental subdivision or agency, business trust, estate,
trust, partnership or association, two or more persons having a
joint or common interest, or any other legal entity.
(35) "Person" means an individual, a corporation, an
organization, or other legal entity.
(36) "Personal representative" includes executor,
administrator, successor personal representative, special
administrator, and persons who perform substantially the same
function under the law governing their status. "General
personal representative" excludes special administrator.
(37) "Petition" means a written request to the court for an
order after notice.
(38) "Proceeding" includes action at law and suit in equity.
(39) "Property" includes both real and personal property or
any interest therein and means anything that may be the subject
of ownership.
(40) "Protected person" is as described in section 525.54,
subdivision 1.
(42) "Registrar" refers to the judge of the court or the
person designated by the court to perform the functions of
registrar as provided in section 524.1-307.
(43) "Security" includes any note, stock, treasury stock,
bond, debenture, evidence of indebtedness, certificate of
interest or participation in an oil, gas or mining title or
lease or in payments out of production under such a title or
lease, collateral trust certificate, transferable share, voting
trust certificate or, in general, any interest or instrument
commonly known as a security, or any certificate of interest or
participation, any temporary or interim certificate, receipt or
certificate of deposit for, or any warrant or right to subscribe
to or purchase, any of the foregoing.
(44) "Settlement," in reference to a decedent's estate,
includes the full process of administration, distribution and
closing.
(45) "Special administrator" means a personal
representative as described by sections 524.3-614 to 524.3-618.
(46) "State" includes any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession subject to the legislative authority of
the United States.
(47) "Successor personal representative" means a personal
representative, other than a special administrator, who is
appointed to succeed a previously appointed personal
representative.
(48) "Successors" means those persons, other than
creditors, who are entitled to property of a decedent under the
decedent's will, this chapter or chapter 525. "Successors" also
means a funeral director or county government that provides the
funeral and burial of the decedent, or a state or county agency
with a claim authorized under section 256B.15.
(49) "Supervised administration" refers to the proceedings
described in sections 524.3-501 to 524.3-505.
(51) "Testacy proceeding" means a proceeding to establish a
will or determine intestacy.
(53) "Trust" includes any express trust, private or
charitable, with additions thereto, wherever and however
created. It also includes a trust created or determined by
judgment or decree under which the trust is to be administered
in the manner of an express trust. "Trust" excludes other
constructive trusts, and it excludes resulting trusts,
conservatorships, personal representatives, trust accounts as
defined in chapter 528, custodial arrangements pursuant to
sections 149A.97, 318.01 to 318.06, 527.21 to 527.44, business
trusts providing for certificates to be issued to beneficiaries,
common trust funds, voting trusts, security arrangements,
liquidation trusts, and trusts for the primary purpose of paying
debts, dividends, interest, salaries, wages, profits, pensions,
or employee benefits of any kind, and any arrangement under
which a person is nominee or escrowee for another.
(54) "Trustee" includes an original, additional, or
successor trustee, whether or not appointed or confirmed by
court.
(55) "Ward" is as described in section 525.54, subdivision
1.
(56) "Will" includes codicil and any testamentary
instrument which merely appoints an executor or revokes or
revises another will.
HIST: 1974 c 442 art 1 s 524.1-201; 1975 c 347 s 15; 1978 c
525 s 1; 1986 c 444; 1987 c 384 art 2 s 1; 1992 c 423 s 2; 1994
c 472 s 1; 1995 c 130 s 11; 1995 c 186 s 119; 1995 c 189 s 8;
1996 c 277 s 1; 1997 c 215 s 45; 1997 c 217 art 2 s 15
==524.1-301
524.1-301 Territorial application.
Except as otherwise provided in this chapter, this chapter
and chapter 525 apply to (1) the affairs and estates of
decedents, missing persons, and persons to be protected,
domiciled in this state, and (2) the property of nonresident
decedents located in this state or property coming into the
control of a fiduciary who is subject to the laws of this state.
HIST: 1974 c 442 art 1 s 524.1-301; 1975 c 347 s 16
==524.1-302
524.1-302 Subject matter jurisdiction.
(a) To the full extent permitted by the constitution, the
court has jurisdiction over all subject matter relating to
estates of decedents, including construction of wills and
determination of heirs and successors of decedents.
(b) The court has full power to make orders, judgments and
decrees and take all other action necessary and proper to
administer justice in the matters which come before it.
HIST: 1974 c 442 art 1 s 524.1-302; 1975 c 347 s 17
==524.1-303
524.1-303 Venue; multiple proceedings; transfer.
(a) Where a proceeding under this chapter could be
maintained in more than one place in this state, the court in
which the proceeding is first commenced has the exclusive right
to proceed.
(b) If proceedings concerning the same estate, protected
person, conservatee, or ward are commenced in more than one
court of this state, the court in which the proceeding was first
commenced shall continue to hear the matter, and the other
courts shall hold the matter in abeyance until the question of
venue is decided, and if the ruling court determines that venue
is properly in another court, it shall transfer the proceeding
to the other court.
(c) If a court finds that in the interest of justice a
proceeding or a file should be located in another court of this
state, the court making the finding may transfer the proceeding
or file to the other court.
HIST: 1974 c 442 art 1 s 524.1-303; 1975 c 347 s 18
==524.1-304
524.1-304 Practice in court.
Unless inconsistent with the provisions of this chapter or
chapter 525, pleadings, practice, procedure and forms in all
probate proceedings shall be governed insofar as practicable by
rules of civil procedure provided for in section 487.23 and
adopted pursuant thereto.
HIST: 1977 c 157 s 1
==524.1-305
524.1-305 Repealed, 1975 c 347 s 144
==524.1-306
524.1-306 Jury trial.
(a) If duly demanded, a party is entitled to trial by jury
in any proceeding in which any controverted question of fact
arises as to which any party has a constitutional right to trial
by jury.
(b) If there is no right to trial by jury under subsection
(a) or the right is waived, the court in its discretion may call
a jury to decide any issue of fact, in which case the verdict is
advisory only.
HIST: 1974 c 442 art 1 s 524.1-306
==524.1-307
524.1-307 Registrar; powers.
The acts and orders which this chapter specifies as
performable by the registrar shall be performed by a judge of
the court or by a person, including the court administrator,
designated by the court by a written order filed and recorded in
the office of the court.
In addition to acts specified in this chapter to be
performed by the registrar, the registrar may take
acknowledgments, administer oaths, fix and approve bonds,
provide information on the various methods of transferring
property of decedents under the laws of this state, issue
letters in informal proceedings and perform such other acts as
the court may by written order authorize as necessary or
incidental to the conduct of informal proceedings. Letters,
orders and documents issued by the registrar may be certified,
authenticated or exemplified by the registrar or in the same
manner as those issued by the court. All files shall be
maintained by the court administrator. The probate registrar
shall not render advice calling for the exercise of such
professional judgment as constitutes the practice of law.
HIST: 1974 c 442 art 1 s 524.1-307; 1975 c 347 s 19; 1977 c
440 s 2; 1Sp1986 c 3 art 1 s 82
==524.1-310
524.1-310 Verification of filed documents.
Every document filed with the court under this chapter or
chapter 525 shall be verified except where the requirement of
verification is waived by rule and except in the case of a
pleading signed by an attorney in accordance with the rules of
civil procedure. Whenever a document is required to be verified:
(1) such verification may be made by the unsworn written
declaration of the party or parties signing the document that
the representations made therein are known or believed to be
true and that they are made under penalties for perjury, or
(2) such verification may be made by the affidavit of the
party or parties signing the document that the representations
made therein are true or believed to be true.
A party who makes a false material statement not believing
it to be true in a document the party verifies in accordance
with the preceding sentence and files with the court under this
chapter or chapter 525 shall be subject to the penalties for
perjury.
HIST: 1974 c 442 art 1 s 524.1-310; 1976 c 161 s 3; 1986 c 444
==524.1-401
524.1-401 Notice; method and time of giving.
(a) If notice of a hearing on any petition is required and
except for specific notice requirements as otherwise provided,
the petitioner shall cause notice of the time and place of
hearing of any petition to be given to any interested person or
the person's attorney if the person has appeared by attorney or
requested that notice be sent to the attorney. Notice shall be
given:
(1) by mailing a copy thereof at least 14 days before the
time set for the hearing by certified, registered or ordinary
first class mail addressed to the person being notified at the
post office address given in the demand for notice, if any, or
at the demander's office or place of residence, if known;
(2) by delivering a copy thereof to the person being
notified personally at least 14 days before the time set for the
hearing; or
(3) if the address, or identity of any person is not known
and cannot be ascertained with reasonable diligence, by
publishing once a week for two consecutive weeks, a copy thereof
in a legal newspaper in the county where the hearing is to be
held, the last publication of which is to be at least 10 days
before the time set for the hearing.
(b) The court for good cause shown may provide for a
different method or time of giving notice for any hearing.
(c) Proof of the giving of notice shall be made on or
before the hearing and filed in the proceeding.
(d) No defect in any notice nor in publication or in
service thereof shall limit or affect the validity of the
appointment, powers, or other duties of the personal
representative. Any of the notices required by this section and
sections 524.3-306, 524.3-310, 524.3-403 and 524.3-801 may be
combined into one notice.
HIST: 1974 c 442 art 1 s 524.1-401; 1975 c 347 s 20; 1986 c
444
==524.1-402
524.1-402 Notice; waiver.
A person, including a guardian ad litem, conservator, or
other fiduciary, may waive notice by a writing signed by the
person or the person's attorney and filed in the proceeding.
HIST: 1974 c 442 art 1 s 524.1-402; 1986 c 444
==524.1-403
524.1-403 Pleadings; when parties bound by others;
notice.
In formal proceedings involving estates of decedents and in
judicially supervised settlements, the following apply:
(1) Interests to be affected shall be described in
pleadings which give reasonable information to owners by name or
class, by reference to the instrument creating the interests, or
in other appropriate manner.
(2) Persons are bound by orders binding others in the
following cases:
(i) Orders binding the sole holder or all coholders of a
power of revocation or a presently exercisable general power of
appointment, including one in the form of a power of amendment,
bind other persons to the extent their interests as objects,
takers in default, or otherwise, are subject to the power.
(ii) To the extent there is no conflict of interest between
them or among persons represented, orders binding a conservator
bind the person whose estate the conservator controls; orders
binding a guardian bind the ward if no conservator of the estate
has been appointed; orders binding a trustee bind beneficiaries
of the trust in proceedings to probate a will establishing or
adding to a trust, to review the acts or accounts of a prior
fiduciary and in proceedings involving creditors or other third
parties; and orders binding a personal representative bind
persons interested in the undistributed assets of a decedent's
estate in actions or proceedings by or against the estate. If
there is no conflict of interest and no conservator or guardian
has been appointed, a parent may represent the parent's minor
child.
(iii) An unborn or unascertained person who is not
otherwise represented is bound by an order to the extent that
person's interest is adequately represented by another party
having a substantially identical interest in the proceeding.
(3) Notice is required as follows:
(i) Notice as prescribed by section 524.1-401 shall be
given to every interested person or to one who can bind an
interested person as described in (2)(i) or (2)(ii). Notice may
be given both to a person and to another who may bind the person.
(ii) Notice is given to unborn or unascertained persons,
who are not represented under (2)(i) or (2)(ii), by giving
notice to all known persons whose interests in the proceedings
are substantially identical to those of the unborn or
unascertained persons.
(4) At any point in a proceeding, a court may appoint a
guardian ad litem to represent the interest of a minor, an
incapacitated, unborn, or unascertained person, or a person
whose identity or address is unknown, if the court determines
that representation of the interest otherwise would be
inadequate. If not precluded by conflict of interests, a
guardian ad litem may be appointed to represent several persons
or interests. The court shall set out its reasons for
appointing a guardian ad litem as a part of the record of the
proceeding.
HIST: 1974 c 442 art 1 s 524.1-403; 1975 c 347 s 21; 1986 c
444
==524.1-404
524.1-404 Notice to charitable beneficiaries.
If a will includes a gift, devise or bequest to a named
charitable beneficiary, the initial written notice of the
probate proceedings given to the beneficiary shall state that
the beneficiary may request notice of the probate proceedings be
given to the attorney general pursuant to section 501B.41,
subdivision 5.
HIST: 1978 c 601 s 27; 1989 c 340 art 2 s 3
==524.2-1001
524.2-1001 Definitions.
Subdivision 1. For the purposes of sections 524.2-1001 to
524.2-1010, the terms defined in this section have the meanings
ascribed to them.
Subd. 2. "International will" means a will executed in
conformity with sections 524.2-1002 to 524.2-1005.
Subd. 3. "Authorized person" and "person authorized to act
in connection with international wills" means a person who by
section 524.2-1009, or by the laws of the United States
including members of the diplomatic and consular service of the
United States designated by Foreign Service Regulations, is
empowered to supervise the execution of international wills.
HIST: 1978 c 525 s 2
==524.2-1002
524.2-1002 International will; validity.
Subdivision 1. A will is valid as regards form,
irrespective particularly of the place where it is made, of the
location of the assets and of the nationality, domicile, or
residence of the testator, if it is made in the form of an
international will complying with the requirements of sections
524.2-1002 to 524.2-1005.
Subd. 2. The invalidity of the will as an international
will does not affect its formal validity as a will of another
kind.
Subd. 3. Sections 524.2-1001 to 524.2-1010 do not apply to
the form of testamentary dispositions made by two or more
persons in one instrument.
HIST: 1978 c 525 s 3
==524.2-1003
524.2-1003 International will; requirements.
Subdivision 1. The will must be made in writing. It need
not be written by the testator personally. It may be written in
any language, by hand or by any other means.
Subd. 2. The testator shall declare in the presence of two
witnesses and of a person authorized to act in connection with
international wills that the document is the testator's will and
that the testator knows the contents thereof. The testator need
not inform the witnesses or the authorized person of the
contents of the will.
Subd. 3. In the presence of the witnesses and of the
authorized person, the testator shall sign the will or, having
previously signed it, shall acknowledge the signature.
Subd. 4. If the testator is unable to sign, the absence of
the signature does not affect the validity of the international
will if the testator indicates the reason for the inability to
sign and the authorized person makes note thereof on the will.
In that case, it is permissible for any other person present,
including the authorized person or one of the witnesses, at the
direction of the testator, to sign the testator's name for the
testator if the authorized person makes note of this on the
will, but it is not required that any person sign the testator's
name for the testator.
Subd. 5. The witnesses and the authorized person shall
there and then attest the will by signing in the presence of the
testator.
HIST: 1978 c 525 s 4; 1986 c 444
==524.2-1004
524.2-1004 International wills; other points of form.
Subdivision 1. The signatures must be placed at the end of
the will. If the will consists of several sheets, each sheet
must be signed by the testator or, if the testator is unable to
sign, by the person signing on the testator's behalf or, if
there is no such person, by the authorized person. In addition,
each sheet must be numbered.
Subd. 2. The date of the will must be the date of its
signature by the authorized person. That date must be noted at
the end of the will by the authorized person.
Subd. 3. The authorized person shall ask whether the
testator wishes to make a declaration concerning the safekeeping
of the will. If so and at the express request of the testator,
the place where the testator intends to have the will kept must
be mentioned in the certificate provided for in section
524.2-1005.
Subd. 4. A will executed in compliance with section
524.2-1003 is not invalid merely because it does not comply with
this section.
HIST: 1978 c 525 s 5; 1986 c 444
==524.2-1005
524.2-1005 International will; certificate.
The authorized person shall sign and attach to the will a
certificate establishing that the requirements of sections
524.2-1002 to 524.2-1005 for valid execution of an international
will have been fulfilled. The authorized person shall keep a
copy of the certificate and deliver another to the testator.
The certificate must be substantially in the following form:
CERTIFICATE
(Convention of October 26, 1973)
1. I, .............. (name, address, and capacity),
a person authorized to act in connection with
international wills,
2. certify that on ....... (date)
at..................(place)
3. (testator) .............................(name,
address, date and place of birth) in my
presence and that of the witnesses
4. (a) ...............(name, address, date and
place of birth)
(b) ...............(name, address, date and
place of birth)
has declared that the attached document is his/her will
and that ..he knows the contents thereof.
5. I furthermore certify that:
6. (a) in my presence and in that of the witnesses
(1) the testator has signed the will or has
acknowledged his/her signature previously affixed.
*(2) following a declaration of the testator stating
that the testator was unable to sign the will
for the following
reason.................................,
I have mentioned this declaration on the will,
*and the signature has been affixed
by.....................
(name and address)
7. (b) the witnesses and I have signed the will;
8. *(c) each page of the will has been signed
by ................ and numbered;
9. (d) I have satisfied myself as to the identity
of the testator and of the witnesses as
designated above;
10. (e) the witnesses met the conditions requisite
to act as such according to the law under which
I am acting;
11. *(f) the testator has requested me to include
the following
statement concerning the safekeeping of the will:
....................................................
12. ..............................PLACE OF EXECUTION
13. ..............................DATE
14. ..............................SIGNATURE
and, if necessary, SEAL........
*to be completed if appropriate
HIST: 1978 c 525 s 6; 1986 c 444
==524.2-1006
524.2-1006 International will; effect of certificate.
In the absence of evidence to the contrary, the certificate
of the authorized person is conclusive of the formal validity of
the instrument as a will under sections 524.2-1001 to
524.2-1010. The absence or irregularity of a certificate does
not affect the formal validity of a will under sections
524.2-1001 to 524.2-1010.
HIST: 1978 c 525 s 7
==524.2-1007
524.2-1007 International will; revocation.
An international will is subject to the ordinary rules of
revocation of wills.
HIST: 1978 c 525 s 8
==524.2-1008
524.2-1008 Source and construction.
Sections 524.2-1001 to 524.2-1007 derive from Annex to
Convention of October 26, 1973, Providing a Uniform Law on the
Form of an International Will. In interpreting and applying
sections 524.2-1001 to 524.2-1007, regard shall be had to its
international origin and to the need for uniformity in its
interpretation.
HIST: 1978 c 525 s 9
==524.2-1009
524.2-1009 Persons authorized to act in relation to
international will; eligibility; recognition by authorizing
agency.
Individuals who have been admitted to practice law before
the courts of this state and are currently licensed so to do are
authorized persons in relation to international wills.
HIST: 1978 c 525 s 10
==524.2-101
524.2-101 Intestate estate.
(a) The intestate estate of the decedent consists of any
part of the decedent's estate not allowed to the decedent's
spouse or descendants under sections 524.2-402, 524.2-403, and
524.2-404, and not disposed of by will. The intestate estate
passes by intestate succession to the decedent's heirs as
prescribed in this chapter, except as modified by the decedent's
will.
(b) A decedent by will may expressly exclude or limit the
right of an individual or class to succeed to property of the
decedent passing by intestate succession. If that individual or
a member of that class survives the decedent, the share of the
decedent's intestate estate to which that individual or class
would have succeeded passes as if that individual or each member
of that class had disclaimed an intestate share.
HIST: 1985 c 250 s 1; 1994 c 472 s 2; 1999 c 171 s 1
==524.2-1010
524.2-1010 International will information registration.
Subdivision 1. The secretary of state shall establish a
registry system by which authorized persons may register, in a
central information center, information regarding the execution
of international wills. The information shall be private until
the death of the testator, after which date it shall be
available to any person desiring information about any will who
presents a death record or other satisfactory evidence of the
testator's death to the secretary of state.
Subd. 2. The secretary of state, at the request of the
authorized person, may cause the information received about
execution of any international will to be transmitted to the
registry system of another jurisdiction as identified by the
testator, if that other system adheres to rules protecting the
confidentiality of the information similar to those established
in this state.
Subd. 3. Only the following information may be received,
preserved and reported pursuant to this section:
(a) The testator's name, social security number or other
individual identifying number established by law;
(b) The testator's address and date and place of birth; and
(c) The intended place of deposit or safekeeping of the
instrument pending the death of the testator.
HIST: 1978 c 525 s 11; 1986 c 444; 1Sp2001 c 9 art 15 s 32
==524.2-102
524.2-102 Share of the spouse.
The intestate share of a decedent's surviving spouse is:
(1) the entire intestate estate if:
(i) no descendant of the decedent survives the decedent; or
(ii) all of the decedent's surviving descendants are also
descendants of the surviving spouse and there is no other
descendant of the surviving spouse who survives the decedent;
(2) the first $150,000, plus one-half of any balance of the
intestate estate, if all of the decedent's surviving descendants
are also descendants of the surviving spouse and the surviving
spouse has one or more surviving descendants who are not
descendants of the decedent, or if one or more of the decedent's
surviving descendants are not descendants of the surviving
spouse.
HIST: 1985 c 250 s 2; 1994 c 472 s 3
==524.2-103
524.2-103 Share of heirs other than surviving spouse.
Any part of the intestate estate not passing to the
decedent's surviving spouse under section 524.2-102, or the
entire intestate estate if there is no surviving spouse, passes
in the following order to the individuals designated below who
survive the decedent:
(1) to the decedent's descendants by representation;
(2) if there is no surviving descendant, to the decedent's
parents equally if both survive, or to the surviving parent;
(3) if there is no surviving descendant or parent, to the
descendants of the decedent's parents or either of them by
representation;
(4) if there is no surviving descendant, parent, or
descendant of a parent, but the decedent is survived by one or
more grandparents or descendants of grandparents, half of the
estate passes to the decedent's paternal grandparents equally if
both survive, or to the surviving paternal grandparent, or to
the descendants of the decedent's paternal grandparents or
either of them if both are deceased, the descendants taking by
representation; and the other half passes to the decedent's
maternal relatives in the same manner; but if there is no
surviving grandparent or descendant of a grandparent on either
the paternal or the maternal side, the entire estate passes to
the decedent's relatives on the other side in the same manner as
the half;
(5) if there is no surviving descendant, parent, descendant
of a parent, grandparent, or descendant of a grandparent, to the
next of kin in equal degree, except that when there are two or
more collateral kindred in equal degree claiming through
different ancestors, those who claim through the nearest
ancestor shall take to the exclusion of those claiming through
an ancestor more remote.
HIST: 1985 c 250 s 3; 1994 c 472 s 4
==524.2-104
524.2-104 Requirement that heir survive decedent for 120
hours.
An individual who fails to survive the decedent by 120
hours is deemed to have predeceased the decedent for purposes of
homestead, exempt property, and intestate succession, and the
decedent's heirs are determined accordingly. If it is not
established that an individual who would otherwise be an heir
survived the decedent by 120 hours, it is deemed that the
individual failed to survive for the required period. This
section is not to be applied if its application would result in
a taking of intestate estate by the state under section
524.2-105.
HIST: 1985 c 250 s 4; 1994 c 472 s 5
==524.2-105
524.2-105 No taker.
If there is no taker under the provisions of this article,
the intestate estate passes to the state.
HIST: 1985 c 250 s 5; 1994 c 472 s 6
==524.2-106
524.2-106 Representation.
(a) Application. If representation is called for by
this article, paragraphs (b) and (c) apply.
(b) Decedent's descendants. In the case of
descendants of the decedent, the estate is divided into as many
shares as there are surviving children of the decedent and
deceased children who left descendants who survive the decedent,
each surviving child receiving one share and the share of each
deceased child being divided among its descendants in the same
manner.
(c) Descendants of parents or grandparents. If,
under section 524.2-103, clause (3) or (4), a decedent's
intestate estate or a part thereof passes by "representation" to
the descendants of the decedent's deceased parents or either of
them or to the descendants of the decedent's deceased paternal
or maternal grandparents or either of them, the estate or part
thereof is divided in the following manner:
(1) In the case of descendants of the decedent's deceased
parents or either of them, the estate or part thereof is divided
into as many equal shares as there are (i) surviving descendants
in the generation nearest the deceased parents or either of
them, and (ii) deceased descendants in the same generation who
left surviving descendants, if any. Each surviving descendant
in the nearest generation is allocated one share, and the
surviving descendants of each deceased descendant in the same
generation are allocated one share, to be divided in the same
manner as specified in paragraph (b).
(2) In the case of descendants of the decedent's deceased
paternal or maternal grandparents or either of them, the estate
or part thereof is divided into as many equal shares as there
are surviving descendants in the generation nearest the deceased
grandparents or either of them that contains one or more
surviving descendants. Each surviving descendant in the nearest
generation is allocated one share.
HIST: 1985 c 250 s 6; 1986 c 444; 1994 c 472 s 7
==524.2-107
524.2-107 Degree of kindred and kindred of half blood.
The degree of kindred shall be computed according to the
rules of the civil law. Relatives of the half blood inherit the
same share they would inherit if they were of the whole blood.
HIST: 1985 c 250 s 7
==524.2-108
524.2-108 After-born heirs.
An individual in gestation at a particular time is treated
as living at that time if the individual lives 120 hours or more
after birth.
HIST: 1985 c 250 s 8; 1986 c 444; 1994 c 472 s 8
==524.2-109
524.2-109 Advancements.
(a) If an individual dies intestate as to all or a portion
of an estate, property the decedent gave during the decedent's
lifetime to an individual who, at the decedent's death, is an
heir is treated as an advancement against the heir's intestate
share only if:
(i) the decedent declared in a contemporaneous writing or
the heir acknowledged in writing that the gift is an
advancement; or
(ii) the decedent's contemporaneous writing or the heir's
written acknowledgment otherwise indicates that the gift is to
be taken into account in computing the division and distribution
of the decedent's intestate estate.
(b) For purposes of paragraph (a), property advanced is
valued as of the time the heir came into possession or enjoyment
of the property or as of the time of the decedent's death,
whichever first occurs.
(c) If the recipient of the property fails to survive the
decedent, the property is not taken into account in computing
the division and distribution of the decedent's intestate
estate, unless the decedent's contemporaneous writing provides
otherwise.
HIST: 1985 c 250 s 9; 1Sp1986 c 3 art 3 s 1; 1994 c 472 s 9
==524.2-110
524.2-110 Debts to decedent.
A debt owed to a decedent is not charged against the
intestate share of any individual except the debtor. If the
debtor fails to survive the decedent, the debt is not taken into
account in computing the intestate share of the debtor's
descendants.
HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 10
==524.2-111
524.2-111 Alienage.
No individual is disqualified to take as an heir because
the individual or another through whom the individual claims is
or has been an alien.
HIST: 1985 c 250 s 10; 1994 c 472 s 11
==524.2-112
524.2-112 Repealed, 1994 c 472 s 64
==524.2-113
524.2-113 Individuals related to decedent through two
lines.
An individual who is related to the decedent through two
lines of relationship is entitled to only a single share based
on the relationship that would entitle the individual to the
larger share.
HIST: 1985 c 250 s 12; 1994 c 472 s 12
==524.2-114
524.2-114 Meaning of child and related terms.
If, for purposes of intestate succession, a relationship of
parent and child must be established to determine succession by,
through, or from a person:
(1) An adopted person is the child of an adopting parent
and not of the birth parents except that adoption of a child by
the spouse of a birth parent has no effect on the relationship
between the child and that birth parent. If a parent dies and a
child is subsequently adopted by a stepparent who is the spouse
of a surviving parent, any rights of inheritance of the child or
the child's descendant from or through the deceased parent of
the child which exist at the time of the death of that parent
shall not be affected by the adoption.
(2) In cases not covered by clause (1), a person is the
child of the person's parents regardless of the marital status
of the parents and the parent and child relationship may be
established under the Parentage Act, sections 257.51 and 257.74.
HIST: 1985 c 250 s 13; 1994 c 465 art 1 s 62; 1994 c 472 s 13;
1994 c 631 s 31
==524.2-115
524.2-115 Instruments referencing intestacy laws.
If a maker has executed a will or other instrument before
January 1, 1996, which directs disposition of all or part of the
estate pursuant to the intestacy laws of the state of Minnesota,
the laws to be applied shall be in accordance with the laws of
intestate succession in effect on the date of the will or other
instrument, unless the will or instrument directs otherwise.
HIST: 1994 c 472 s 14
==524.2-201
524.2-201 Definitions.
In this part:
(1) As used in sections other than section 524.2-205,
"decedent's nonprobate transfers to others" means the amounts
that are included in the augmented estate under section
524.2-205.
(2) "Interest in property held with right of survivorship"
means the severable interest owned by the person or persons
whose interest is being determined in property held in joint
tenancy or in other form of common ownership with a right of
survivorship. The interest shall be identified and valued as of
the time immediately prior to the death of the decedent or the
date of the transfer which causes the property to be included in
the augmented estate, as the case may be. In the case of an
account described in article 6, part 2, the severable interest
owned by the person is the amount which belonged to the person
determined under section 524.6-203. In the case of property
described in article 6, part 3, the severable interest owned by
the person is the amount consistent with section 524.6-306.
(3) "Marriage," as it relates to a transfer by the decedent
during marriage, means any marriage of the decedent to the
decedent's surviving spouse.
(4) "Nonadverse party" means a person who does not have a
substantial beneficial interest in the trust or other property
arrangement that would be adversely affected by the exercise or
nonexercise of the power that the person possesses respecting
the trust or other property arrangement. A person having a
general power of appointment over property is deemed to have a
beneficial interest in the property.
(5) "Power" or "power of appointment" includes a power to
designate the beneficiary of an insurance policy or other
contractual arrangement.
(6) "Presently exercisable general power of appointment"
means a power possessed by a person at the time in question to
create a present or future interest in the person, in the
person's creditors, in the person's estate, or in the creditor
of the person's estate, whether or not the person then had the
capacity to exercise the power. "General power of appointment"
means a power, whether or not presently exercisable, possessed
by a person to create a present or future interest in the
person, in the person's creditors, in the person's estate, or in
creditors of the person's estate.
(7) "Probate estate" means property that would pass by
intestate succession if the decedent dies without a valid will.
(8) "Property" includes values subject to a beneficiary
designation.
(9) "Right to income" includes a right to payments under a
commercial or private annuity, an annuity trust, a unitrust, or
a similar arrangement.
(10) "Transfer" includes: (i) the exercise, release, or
lapse of a general power of appointment created by the decedent
alone or in conjunction with any other person, or exercisable by
a nonadverse party; and (ii) the exercise or release by the
decedent of a presently exercisable general power of appointment
created by someone other than the decedent. "Transfer" does not
include the lapse, other than a lapse at death, of a power
described in clause (ii).
(11) "Bona fide purchaser" means a purchaser for value in
good faith and without notice or actual knowledge of an adverse
claim, or a person who receives a payment or other item of
property in partial or full satisfaction of a legally
enforceable obligation in good faith without notice of an
adverse claim. In the case of real property located in
Minnesota purchased from a successor or successors in interest
of a decedent, the purchaser is without notice of an adverse
claim arising under this part or, if the decedent was not
domiciled in Minnesota at the time of death, arising under
similar provisions of the law of the decedent's domicile, unless
the decedent's surviving spouse has filed a notice in the office
of the county recorder of the county in which the real property
is located or, if the property is registered land, in the office
of the registrar of titles of the county in which the real
property is located, containing the legal description of the
property, a brief statement of the nature and extent of the
interest claimed, and the venue, title, and file number of the
proceeding for an elective share, if any has been commenced.
The registrar of titles is authorized to accept for registration
any such notice which relates to registered land.
HIST: 1994 c 472 s 15; 1999 c 11 art 1 s 71
==524.2-202
524.2-202 Elective share.
(a) Elective share amount. The surviving spouse of a
decedent who dies domiciled in this state has a right of
election, under the limitations and conditions stated in this
part, to take an elective-share amount equal to the value of the
elective-share percentage of the augmented estate, determined by
the length of time the spouse and the decedent were married to
each other, in accordance with the following schedule:
If the decedent and the The elective-share
spouse were married to percentage is:
each other:
Less than one year Supplemental amount only
One year but less than Three percent of the
two years augmented estate
Two years but less than Six percent of the
three years augmented estate
Three years but less than Nine percent of the
four years augmented estate
Four years but less than 12 percent of the
five years augmented estate
Five years but less than 15 percent of the
six years augmented estate
Six years but less than 18 percent of the
seven years augmented estate
Seven years but less than 21 percent of the
eight years augmented estate
Eight years but less than 24 percent of the
nine years augmented estate
Nine years but less than 27 percent of the
ten years augmented estate
Ten years but less than 30 percent of the
11 years augmented estate
11 years but less than 34 percent of the
12 years augmented estate
12 years but less than 38 percent of the
13 years augmented estate
13 years but less than 42 percent of the
14 years augmented estate
14 years but less than 46 percent of the
15 years augmented estate
15 years or more 50 percent of the
augmented estate
(b) Supplemental elective-share amount. If the sum
of the amounts described in sections 524.2-207, 524.2-209,
paragraph (a), clause (1), and that part of the elective-share
amount payable from the decedent's probate estate and nonprobate
transfers to others under section 524.2-209, paragraphs (b) and
(c), is less than $50,000, the surviving spouse is entitled to a
supplemental elective-share amount equal to $50,000, minus the
sum of the amounts described in those sections. The
supplemental elective-share amount is payable from the
decedent's probate estate and from recipients of the decedent's
nonprobate transfers to others in the order of priority set
forth in section 524.2-209, paragraphs (b) and (c).
(c) Effect of election on statutory benefits. If the
right of election is exercised by or on behalf of the surviving
spouse, the surviving spouse's homestead rights and other
allowances under sections 524.2-402, 524.2-403 and 524.2-404, if
any, are not charged against but are in addition to the
elective-share and supplemental elective-share amounts.
(d) Nondomiciliary. The right, if any, of the
surviving spouse of a decedent who dies domiciled outside this
state to take an elective share in property in this state is
governed by the law of the decedent's domicile at death.
HIST: 1994 c 472 s 16
==524.2-203
524.2-203 Composition of the augmented estate.
Subject to section 524.2-208, the value of the augmented
estate, to the extent provided in sections 524.2-204, 524.2-205,
524.2-206, and 524.2-207, consists of the sum of the values of
all property, whether real or personal, movable or immovable,
tangible or intangible, wherever situated, that constitute the
decedent's net probate estate, the decedent's nonprobate
transfers to others, the decedent's nonprobate transfers to the
surviving spouse, and the surviving spouse's property and
nonprobate transfers to others.
HIST: 1994 c 472 s 17
==524.2-204
524.2-204 Decedent's net probate estate.
The value of the augmented estate includes the value of the
decedent's probate estate, reduced by funeral and administration
expenses, the homestead, family allowances and exemptions,
liens, mortgages, and enforceable claims.
HIST: 1994 c 472 s 18
==524.2-205
524.2-205 Decedent's nonprobate transfers to others.
The value of the augmented estate includes the value of the
decedent's nonprobate transfers to others, other than the
homestead, of any of the following types, in the amount provided
respectively for each type of transfer.
(1) Property owned or owned in substance by the decedent
immediately before death that passed outside probate at the
decedent's death. Property included under this category
consists of:
(i) Property over which the decedent alone, immediately
before death, held a presently exercisable general power of
appointment. The amount included is the value of the property
subject to the power, to the extent the property passed at the
decedent's death, by exercise, release, lapse, default, or
otherwise, to or for the benefit of any person other than the
decedent's estate or surviving spouse.
(ii) The decedent's interest in property held with the
right of survivorship. The amount included is the value of the
decedent's interest, to the extent the interest passed by right
of survivorship at the decedent's death to someone other than
the decedent's surviving spouse.
(iii) Proceeds of insurance, including accidental death
benefits, on the life of the decedent, if the decedent owned the
insurance policy immediately before death or if and to the
extent the decedent alone and immediately before death held a
presently exercisable general power of appointment over the
policy or its proceeds. The amount included is the value of the
proceeds, to the extent they were payable at the decedent's
death to or for the benefit of any person other than the
decedent's estate or surviving spouse.
(iv) The value payable after the decedent's death to or for
the benefit of any person other than the decedent's surviving
spouse of the proceeds of annuity contracts under which the
decedent was the primary annuitant. The amount included is any
amount over which the person has an immediate right of
withdrawal after the decedent's death plus the commuted value of
other amounts payable in the future.
(v) The value payable after the decedent's death to or for
the benefit of any person other than the decedent's surviving
spouse of amounts under any public or private pension,
disability compensation, benefit, or retirement plan or account,
excluding the federal Social Security system. The amount
included is any amount over which the person has an immediate
right of withdrawal after the decedent's death plus the commuted
value of other amounts payable in the future.
(2) Property transferred in any of the following forms by
the decedent during marriage, to the extent not included under
paragraph (1):
(i) Any irrevocable transfer in which the decedent retained
the right to the possession or enjoyment of, or to the income
from, the property if and to the extent the decedent's right
terminated at or continued beyond the decedent's death. The
amount included is the value of the fraction of the property to
which the decedent's right related, to the extent the fraction
of the property passed outside probate to or for the benefit of
any person other than the decedent's estate or surviving spouse.
(ii) Any transfer in which the decedent created a general
power of appointment over income or property exercisable by the
decedent alone or in conjunction with any other person, or
exercisable by a nonadverse party. The amount included with
respect to a power over property is the value of the property
subject to the power, and the amount included with respect to a
power over income is the value of the property that produces or
produced the income, to the extent in either case that the
property passed at the decedent's death to or for the benefit of
any person other than the decedent's estate or surviving
spouse. If the power is a power over both income and property
and the preceding sentence produces different amounts, the
amount included is the greater amount.
(3) Property that passed during marriage and during the
two-year period next preceding the decedent's death as a result
of a transfer by the decedent if the transfer was of any of the
following types:
(i) Any property that passed as a result of the termination
of a right or interest in, or power over, property that would
have been included in the augmented estate under paragraph (1),
clause (i), (ii), (iv), or (v), or under paragraph (2), if the
right, interest, or power had not terminated until the
decedent's death. The amount included is the value of the
property that would have been included under those paragraphs if
the property were valued at the time the right, interest, or
power terminated, and is included only to the extent the
property passed upon termination to or for the benefit of any
person other than the decedent or the decedent's estate, spouse,
or surviving spouse. As used in this paragraph, "termination,"
with respect to a right or interest in property, occurs when the
power is terminated by exercise, release, default, or otherwise,
but with respect to a power described in paragraph (1), clause
(i), "termination" occurs when the power is terminated by
exercise or release, but not otherwise.
(ii) Any transfer of or relating to an insurance policy on
the life of the decedent if the proceeds would have been
included in the augmented estate under paragraph (1), clause
(iii), had the transfer not occurred. The amount included is
the value of the insurance proceeds to the extent the proceeds
were payable at the decedent's death to or for the benefit of
any person other than the decedent's estate or surviving spouse.
(iii) Any transfer of property, to the extent not otherwise
included in the augmented estate, made to or for the benefit of
a person other than the decedent's surviving spouse. The amount
included is the value of the transferred property to the extent
the aggregate transfers to any one donee in either of the two
years exceeded $10,000.
HIST: 1994 c 472 s 19
==524.2-206
524.2-206 Decedent's nonprobate transfers to the
surviving spouse.
Excluding the homestead and property passing to the
surviving spouse under the federal Social Security system, the
value of the augmented estate includes the value of the
decedent's nonprobate transfers to the decedent's spouse, which
consists of all property that passed outside probate at the
decedent's death from the decedent to the surviving spouse by
reason of the decedent's death that would have been included in
the augmented estate under section 524.2-205, paragraph (1) or
(2), had the property passed to or for the benefit of a person
other than the decedent's spouse, the decedent, or the
decedent's creditors, estate, or estate creditors.
HIST: 1994 c 472 s 20
==524.2-207
524.2-207 Surviving spouse's property and nonprobate
transfers to others.
(a) Included property. Except to the extent included
in the augmented estate under section 524.2-204 or 524.2-206,
the value of the augmented estate includes the value of:
(1) property, other than the homestead, that was owned by
the surviving spouse at the decedent's death, including the
surviving spouse's interest in property held with right of
survivorship; and
(2) property that would have been included in the surviving
spouse's nonprobate transfers to others, other than the spouse's
interest in property held with right of survivorship included
under clause (1), had the spouse been the decedent.
(b) Time of valuation. Property included under this
section is valued at the decedent's death, taking the fact that
the decedent predeceased the spouse into account, but, for
purposes of the surviving spouse's interest in property held
with right of survivorship included under paragraph (a), clause
(1), the value of the spouse's interest is determined
immediately before the decedent's death if the decedent was then
a joint tenant or a coowner of the property or accounts. For
purposes of paragraph (a), clause (2), proceeds of insurance
that would have been included in the spouse's nonprobate
transfers to others under section 524.2-205, paragraph (1),
clause (iii), are not valued as if the spouse were deceased.
(c) Reduction for enforceable claims. The value of
property included under this section is reduced by mortgages,
liens, and enforceable claims against the property or against
the surviving spouse.
HIST: 1994 c 472 s 21
==524.2-208
524.2-208 Exclusions, valuation, and overlapping
application.
(a) Exclusions. The value of any property is
excluded from the decedent's nonprobate transfers to others (i)
to the extent the decedent received adequate and full
consideration in money or money's worth for a transfer of the
property, or (ii) if the property was transferred with the
written joinder of, or if the transfer was consented to in
writing by, the surviving spouse.
(b) Protection of bona fide purchasers. A bona fide
purchaser who purchases property from a successor or successors
in interest of the decedent or from a transferee of the decedent
is neither obligated under this part to return the payment, item
of property, or benefit nor is liable under this part for the
amount of the payment or the value of the item of property or
benefit.
(c) Valuation. The value of property:
(1) included in the augmented estate under section
524.2-205, 524.2-206, or 524.2-207 is reduced in each category
by mortgages, liens, and enforceable claims against the included
property; and
(2) includes the commuted value of any present or future
interest and the commuted value of amounts payable under any
trust, life insurance settlement option, annuity contract,
public or private pension, disability compensation, death
benefit or retirement plan, or any similar arrangement,
exclusive of the federal Social Security system. The commuted
value of the surviving spouse's interest in a life estate or in
any trust shall be calculated as if worth one-half of the total
value of the property subject to the life estate, or of the
trust estate, unless higher or lower values for these interests
are established by proof.
(d) Overlapping application; no double inclusion. In
case of overlapping application to the same property of portions
of section 524.2-205, 524.2-206, or 524.2-207, the property is
included in the augmented estate under the provision yielding
the greatest value, and under only one overlapping provision if
they all yield the same value.
HIST: 1994 c 472 s 22
==524.2-209
524.2-209 Sources from which elective share payable.
(a) Elective-share amount only. In a proceeding for
an elective share, the following are applied first to satisfy
the elective-share amount and to reduce or eliminate any
contributions due from the decedent's probate estate and
recipients of the decedent's nonprobate transfers to others:
(1) amounts included in the augmented estate under section
524.2-204 which pass or have passed to the surviving spouse by
testate or intestate succession and amounts included in the
augmented estate under section 524.2-206;
(2) amounts included in the augmented estate which would
have passed to the spouse but were disclaimed; and
(3) amounts included in the augmented estate under section
524.2-207 up to the applicable percentage thereof. For the
purposes of this paragraph, the "applicable percentage" is twice
the elective-share percentage set forth in the schedule in
section 524.2-202, paragraph (a), appropriate to the length of
time the spouse and the decedent were married to each other.
(b) Unsatisfied balance of elective-share amount;
supplemental elective-share amount. If, after the application
of paragraph (a), the elective-share amount is not fully
satisfied or the surviving spouse is entitled to a supplemental
elective-share amount, amounts included in the decedent's
probate estate and in the decedent's nonprobate transfers to
others, other than amounts included under section 524.2-205,
paragraph (3), clause (i) or (iii), are applied first to satisfy
the unsatisfied balance of the elective-share amount or the
supplemental elective-share amount. The decedent's probate
estate and that portion of the decedent's nonprobate transfers
to others are so applied that liability for the unsatisfied
balance of the elective-share amount or for the supplemental
elective-share amount is equitably apportioned among the
recipients of the decedent's probate estate and of that portion
of the decedent's nonprobate transfers to others in proportion
to the value of their interests therein.
(c) Unsatisfied balance of elective-share and
supplemental elective-share amounts. If, after the
application of paragraphs (a) and (b), the elective-share or
supplemental elective-share amount is not fully satisfied, the
remaining portion of the decedent's nonprobate transfers to
others is so applied that liability for the unsatisfied balance
of the elective-share or supplemental elective-share amount is
equitably apportioned among the recipients of the remaining
portion of the decedent's nonprobate transfers to others in
proportion to the value of their interests therein.
HIST: 1994 c 472 s 23
==524.2-210
524.2-210 Personal liability of recipients.
(a) Only original recipients of the decedent's nonprobate
transfers to others, and the donees of the recipients of the
decedent's nonprobate transfers to others, to the extent the
donees have the property or its proceeds, are liable to make a
proportional contribution toward satisfaction of the surviving
spouse's elective-share or supplemental elective-share amount.
A person liable to make contribution may choose to give up the
proportional part that has been received of the decedent's
nonprobate transfers or to pay the value of the amount for which
the person is liable.
(b) If any section or part of any section of this part is
preempted by federal law with respect to a payment, an item of
property, or any other benefit included in the decedent's
nonprobate transfers to others, a person who is not a bona fide
purchaser and who receives the payment, item of property, or any
other benefit is obligated to return the payment, item of
property, or benefit, or is personally liable for the amount of
the payment or the value of that item of property or benefit, as
provided in section 524.2-209, to the person who would have been
entitled to it were that section or part of that section not
preempted.
HIST: 1994 c 472 s 24; 1995 c 186 s 96
==524.2-211
524.2-211 Proceeding for elective share; time limit.
(a) Except as provided in paragraph (b), the election must
be made by filing in the court and mailing or delivering to the
personal representative, if any, a petition for the elective
share within nine months after the date of the decedent's death,
or within six months after the probate of the decedent's will,
whichever limitation later expires. The surviving spouse must
give notice of the time and place set for hearing to persons
interested in the estate and to the distributees and recipients
of portions of the augmented estate whose interests will be
adversely affected by the taking of the elective share. Except
as provided in paragraph (b), the decedent's nonprobate
transfers to others are not included within the augmented estate
for the purpose of computing the elective share, if the petition
is filed more than nine months after the decedent's death.
(b) Within nine months after a decedent's death, the
surviving spouse may petition the court for an extension of time
for making an election. If, within nine months after the
decedent's death, the spouse gives notice of the petition to all
persons interested in the decedent's nonprobate transfers to
others, the court for cause shown by the surviving spouse may
extend the time for election. If the court grants the spouse's
petition for an extension, the decedent's nonprobate transfers
to others are not excluded from the augmented estate for the
purpose of computing the elective-share and supplemental
elective-share amounts, if the spouse makes an election by
filing in the court and mailing or delivering to the personal
representative, if any, a petition for the elective share within
the time allowed by the extension.
(c) The surviving spouse may withdraw a demand for an
elective share at any time before entry of a final determination
by the court.
(d) After notice and hearing, the court shall determine the
elective-share and supplemental elective-share amounts, and
shall order its payment from the assets of the augmented estate
or by contribution as appears appropriate under sections
524.2-209 and 524.2-210. If it appears that a fund or property
included in the augmented estate has not come into the
possession of the personal representative, or has been
distributed by the personal representative, the court
nevertheless shall fix the liability of any person who has any
interest in the fund or property or who has possession thereof,
whether as trustee or otherwise. The proceeding may be
maintained against fewer than all persons against whom relief
could be sought, but no person is subject to contribution in any
greater amount than would have been the case under sections
524.2-209 and 524.2-210 had relief been secured against all
persons subject to contribution.
(e) An order of judgment of the court may be enforced as
necessary in suit for contribution or payment in other courts of
this state or other jurisdictions.
(f) Whether or not an election has been made under
paragraph (a), the surviving spouse may elect statutory rights
in the homestead by filing in the manner provided in this
section a petition in which the spouse asserts the rights
provided in section 524.2-402, provided that:
(1) when the homestead is subject to a testamentary
disposition, the filing must be within nine months after the
date of death, or within six months after the probate of the
decedent's will, whichever limitation last expires; or
(2) where the homestead is subject to other disposition,
the filing must be within nine months after the date of death.
The court may extend the time for election in the manner
provided in paragraph (b).
HIST: 1994 c 472 s 25
==524.2-212
524.2-212 Right of election personal to surviving spouse.
The right of election of the surviving spouse may be
exercised only during the surviving spouse's lifetime. In the
case of a protected person, the right of election may be
exercised only by order of the court in which protective
proceedings as to the protected person's property are pending,
after finding (1) that exercise is necessary to provide adequate
support for the protected person during the protected person's
probable life expectancy and (2) that the election will be
consistent with the best interests of the natural bounty of the
protected person's affection.
HIST: 1994 c 472 s 26
==524.2-213
524.2-213 Waiver of right to elect and of other rights.
The right of election of a surviving spouse and the rights
of the surviving spouse to the homestead, exempt property, and
family allowance, or any of them, may be waived, wholly or
partially, after marriage, by a written contract, agreement, or
waiver signed by the party waiving after fair disclosure.
Unless it provides to the contrary, a waiver of "all rights," or
equivalent language, in the property or estate of a spouse is a
waiver only of the right to the elective share. Any waiver
prior to marriage must be made pursuant to section 519.11.
HIST: 1994 c 472 s 27
==524.2-214
524.2-214 Protection of payors and other third parties.
(a) Although under section 524.2-205 a payment, item of
property, or other benefit is included in the decedent's
nonprobate transfers to others, a payor or other third party is
not liable for having made a payment or transferred an item of
property or other benefit to a beneficiary designated in a
governing instrument, or for having taken any other action in
good faith reliance on the validity of a governing instrument,
upon request and satisfactory proof of the decedent's death,
before the payor or other third party received written notice
from the surviving spouse or spouse's representative of an
intention to file a petition for the elective share or that a
petition for the elective share has been filed. A payor or
other third party is liable for payments made or other actions
taken after the payor or other third party received written
notice of an intention to file a petition for the elective share
or that a petition for the elective share has been filed.
(b) A written notice of intention to file a petition for
the elective share or that a petition for the elective share has
been filed must be mailed to the payor's or other third party's
main office or home by registered or certified mail, return
receipt requested, or served upon the payor or other third party
in the same manner as a summons in a civil action. Upon receipt
of written notice of intention to file a petition for the
elective share or that a petition for the elective share has
been filed, a payor or other third party may pay any amount owed
or transfer or deposit any item of property held by it to or
with the court having jurisdiction of the probate proceedings
relating to the decedent's estate or, if no proceedings have
been commenced, to or with the court having jurisdiction of
probate proceedings relating to decedents' estates located in
the county of the decedent's residence. The court shall hold
the funds or item of property and, upon its determination under
section 524.2-211, paragraph (d), shall order disbursement in
accordance with the determination. If no petition is filed in
the court within the specified time under section 524.2-211,
paragraph (a), or, if filed, the demand for an elective share is
withdrawn under section 524.2-211, paragraph (c), the court
shall order disbursement to the designated beneficiary.
Payments or transfers to the court or deposits made into court
discharge the payor or other third party from all claims for
amounts so paid or the value of property so transferred or
deposited.
(c) Upon petition to the court described in paragraph (b)
by the beneficiary designated in the governing instrument, the
court may order that all or part of the property be paid to the
beneficiary in an amount and subject to conditions consistent
with this part.
HIST: 1994 c 472 s 28
==524.2-215
524.2-215 Surviving spouse receiving medical assistance.
(a) Notwithstanding any law to the contrary, if a surviving
spouse is receiving medical assistance under chapter 256B, or
general assistance medical care under chapter 256D, when the
person's spouse dies, then the provisions in paragraphs (b) to
(f) apply.
(b) Any time before an order or decree is entered under
section 524.3-1001 or 524.3-1002 or a closing statement is filed
under section 524.3-1003 the surviving spouse may:
(1) exercise the right to take an elective share amount of
the decedent's estate under section 524.2-211, in which case the
decedent's nonprobate transfers to others shall be included in
the augmented estate for purposes of computing the elective
share and supplemental elective share amounts;
(2) petition the court for an extension of time for
exercising the right to an elective share amount under section
524.2-211, in which case the decedent's nonprobate transfers to
others shall be included in the augmented estate for purposes of
computing the elective share and supplemental elective share
amounts; or
(3) elect statutory rights in the homestead or petition the
court for an extension of time to make the election as provided
in section 524.2-211, paragraph (f).
(c) Notwithstanding any law or rule to the contrary, the
personal representative of the estate of the surviving spouse
may exercise the surviving spouse's right of election and
statutory right to the homestead in the manner provided for
making those elections or petition for an extension of time as
provided for in this section.
(d) If choosing the elective share will result in the
surviving spouse receiving a share of the decedent's estate
greater in value than the share of the estate under the will or
intestate succession, then the guardian or conservator for the
surviving spouse shall exercise the surviving spouse's right to
an elective share amount and a court order is not required.
(e) A party petitioning to establish a guardianship or
conservatorship for the surviving spouse may file a certified
copy of the petition in the decedent's estate proceedings and
serve a copy of the petition on the personal representative or
the personal representative's attorney. The filing of the
petition shall toll all of the limitations provided in this
section until the entry of a final order granting or denying the
petition. The decedent's estate may not close until the entry
of a final order granting or denying the petition.
(1) Distributees of the decedent's estate shall be
personally liable to account for and turn over to the ward, the
conservatee, or the estate of the ward or conservatee any and
all amounts which the ward or conservatee is entitled to receive
from the decedent's estate.
(2) No distributee shall be liable for an amount in excess
of the value of the distributee's distribution as of the time of
the distribution.
(3) The ward, conservatee, guardian, conservator, or
personal representative may bring proceedings in district court
to enforce the rights in this section.
(f) Notwithstanding any oral or written contract,
agreement, or waiver made by the surviving spouse to waive in
whole or in part the surviving spouse's right of election
against the decedent's will, statutory right to the homestead,
exempt property, or family allowance, the surviving spouse or
the surviving spouse's guardian or conservator may exercise
these rights to the full extent permitted by law. The surviving
spouse's rights under this paragraph do not apply to the extent
there is a valid antenuptial agreement between the surviving
spouse and the decedent under which the surviving spouse has
waived some or all of these rights.
HIST: 2000 c 400 s 5
==524.2-301
524.2-301 Entitlement of spouse; premarital will.
(a) A testator's surviving spouse, who married the testator
after the testator's will was executed, is entitled to receive,
as an intestate share, no less than the value of the share of
the estate the surviving spouse would have received if the
testator had died intestate as to that portion of the testator's
estate, if any, that neither is devised to a child of the
testator who was born before the testator married the surviving
spouse and who is not a child of the surviving spouse nor is
devised to a descendant of such a child or passes under section
524.2-6031 or 524.2-604 to such a child or to a descendant of
such a child, unless:
(1) it appears from the will or other evidence that the
will was made in contemplation of the testator's marriage to the
surviving spouse;
(2) the will expresses the intention that it is to be
effective notwithstanding any subsequent marriage; or
(3) the testator provided for the spouse by transfer
outside the will and the intent that the transfer be in lieu of
a testamentary provision is shown by the testator's statements
or is reasonably inferred from the amount of the transfer or
other evidence.
(b) In satisfying the share provided by this section,
devises made by the will to the testator's surviving spouse, if
any, are applied first, and other devises, other than a devise
to a child of the testator who was born before the testator
married the surviving spouse and who is not a child of the
surviving spouse or a devise or substitute gift under section
524.2-6031 or 524.2-604 to a descendant of such a child, abate
as provided in section 524.3-902.
HIST: 1985 c 250 s 21; 1986 c 444; 1994 c 472 s 29; 2002 c 379
art 1 s 101
==524.2-302
524.2-302 Omitted children.
(a) Except as provided in paragraph (b), if a testator's
will fails to provide for any of the testator's children born or
adopted after the execution of the will, the omitted after-born
or after-adopted child receives a share in the estate as follows:
(1) If the testator had no child living when the will was
executed, an omitted after-born or after-adopted child receives
a share in the estate equal in value to that which the child
would have received had the testator died intestate, unless the
will devised all or substantially all the estate to the other
parent of the omitted child and that other parent survives the
testator and is entitled to take under the will.
(2) If the testator had one or more children living when
the will was executed, and the will devised property or an
interest in property to one or more of the then-living children,
an omitted after-born or after-adopted child is entitled to
share in the testator's estate as follows:
(i) The portion of the testator's estate in which the
omitted after-born or after-adopted child is entitled to share
is limited to devises made to the testator's then-living
children under the will.
(ii) The omitted after-born or after-adopted child is
entitled to receive the share of the testator's estate, as
limited in subclause (i), that the child would have received had
the testator included all omitted after-born and after-adopted
children with the children to whom devises were made under the
will and had given an equal share of the estate to each child.
(iii) To the extent feasible, the interest granted an
omitted after-born or after-adopted child under this section
must be of the same character, whether equitable or legal,
present or future, as that devised to the testator's then-living
children under the will.
(iv) In satisfying a share provided by this paragraph,
devises to the testator's children who were living when the will
was executed abate ratably. In abating the devises of the
then-living children, the court shall preserve to the maximum
extent possible the character of the testamentary plan adopted
by the testator.
(b) Neither paragraph (a), clause (1) or (2), nor paragraph
(c), applies if:
(1) it appears from the will that the omission was
intentional; or
(2) the testator provided for the omitted after-born or
after-adopted child by transfer outside the will and the intent
that the transfer be in lieu of a testamentary provision is
shown by the testator's statements or is reasonably inferred
from the amount of the transfer or other evidence.
(c) If at the time of execution of the will the testator
fails to provide in the will for a living child solely because
the testator believes the child to be dead, the child receives a
share in the estate equal in value to that which the child would
have received had the testator died intestate.
(d) In satisfying a share provided by paragraph (a), clause
(1), or (c), devises made by the will abate under section
524.3-902.
HIST: 1985 c 250 s 22; 1986 c 444; 1994 c 472 s 30
==524.2-401
524.2-401 Applicable law.
This part applies to the estate of a decedent who dies
domiciled in this state. Rights to homestead, exempt property,
and family allowance for a decedent who dies not domiciled in
this state are governed by the law of the decedent's domicile at
death.
HIST: 1994 c 472 s 31
==524.2-402
524.2-402 Descent of homestead.
(a) If there is a surviving spouse, the homestead,
including a manufactured home which is the family residence,
descends free from any testamentary or other disposition of it
to which the spouse has not consented in writing or as provided
by law, as follows:
(1) if there is no surviving descendant of decedent, to the
spouse; or
(2) if there are surviving descendants of decedent, then to
the spouse for the term of the spouse's natural life and the
remainder in equal shares to the decedent's descendants by
representation.
(b) If there is no surviving spouse and the homestead has
not been disposed of by will it descends as other real estate.
(c) If the homestead passes by descent or will to the
spouse or decedent's descendants, it is exempt from all debts
which were not valid charges on it at the time of decedent's
death except that the homestead is subject to a claim filed
pursuant to section 246.53 for state hospital care or 256B.15
for medical assistance benefits. If the homestead passes to a
person other than a spouse or decedent's descendants, it is
subject to the payment of expenses of administration, funeral
expenses, expenses of last illness, taxes, and debts. The
claimant may seek to enforce a lien or other charge against a
homestead so exempted by an appropriate action in the district
court.
(d) For purposes of this section, except as provided in
section 524.2-301, the surviving spouse is deemed to consent to
any testamentary or other disposition of the homestead to which
the spouse has not previously consented in writing unless the
spouse files in the manner provided in section 524.2-211,
paragraph (f), a petition that asserts the homestead rights
provided to the spouse by this section.
HIST: 1994 c 472 s 32; 1997 c 7 art 1 s 165; 1997 c 9 s 6
==524.2-403
524.2-403 Exempt property.
(a) If there is a surviving spouse, then, in addition to
the homestead and family allowance, the surviving spouse is
entitled from the estate to:
(1) property not exceeding $10,000 in value in excess of
any security interests therein, in household furniture,
furnishings, appliances, and personal effects, subject to an
award of sentimental value property under section 525.152; and
(2) one automobile, if any, without regard to value.
(b) If there is no surviving spouse, the decedent's
children are entitled jointly to the same property as provided
in paragraph (a), except that where it appears from the
decedent's will a child was omitted intentionally, the child is
not entitled to the rights conferred by this section.
(c) If encumbered chattels are selected and the value in
excess of security interests, plus that of other exempt
property, is less than $10,000, or if there is not $10,000 worth
of exempt property in the estate, the surviving spouse or
children are entitled to other personal property of the estate,
if any, to the extent necessary to make up the $10,000 value.
(d) Rights to exempt property and assets needed to make up
a deficiency of exempt property have priority over all claims
against the estate, but the right to any assets to make up a
deficiency of exempt property abates as necessary to permit
earlier payment of the family allowance.
(e) The rights granted by this section are in addition to
any benefit or share passing to the surviving spouse or children
by the decedent's will, unless otherwise provided, by intestate
succession or by way of elective share.
(f) No rights granted to a decedent's adult children under
this section shall have precedence over a claim under section
246.53, 256B.15, 256D.16, 261.04, or 524.3-805, paragraph (a),
clause (1), (2), or (3).
HIST: 1994 c 472 s 33; 1996 c 338 art 2 s 2; 1996 c 451 art 2
s 54; 1997 c 9 s 7; 1998 c 262 s 9
==524.2-404
524.2-404 Family allowance.
(a) In addition to the right to the homestead and exempt
property, the decedent's surviving spouse and minor children
whom the decedent was obligated to support, and children who
were in fact being supported by the decedent, shall be allowed a
reasonable family allowance in money out of the estate for their
maintenance as follows:
(1) for one year if the estate is inadequate to discharge
allowed claims; or
(2) for 18 months if the estate is adequate to discharge
allowed claims.
(b) The amount of the family allowance may be determined by
the personal representative in an amount not to exceed $1,500
per month.
(c) The family allowance is payable to the surviving
spouse, if living; otherwise to the children, their guardian or
conservator, or persons having their care and custody.
(d) The family allowance is exempt from and has priority
over all claims.
(e) The family allowance is not chargeable against any
benefit or share passing to the surviving spouse or children by
the will of the decedent unless otherwise provided, by intestate
succession or by way of elective share. The death of any person
entitled to family allowance does not terminate the right of
that person to the allowance.
(f) The personal representative or an interested person
aggrieved by any determination, payment, proposed payment, or
failure to act under this section may petition the court for
appropriate relief, which may include a family allowance other
than that which the personal representative determined or could
have determined.
HIST: 1994 c 472 s 34
==524.2-405
524.2-405 Source, determination, and documentation.
(a) If the estate is otherwise sufficient, property
specifically devised may not be used to satisfy rights to exempt
property. Subject to this restriction, the surviving spouse,
guardians or conservators of minor children, or children who are
adults may select property of the estate as exempt property.
The personal representative may make those selections if the
surviving spouse, the children, or the guardians of the minor
children are unable or fail to do so within a reasonable time or
there is no guardian of a minor child.
(b) The personal representative may execute an instrument
or deed of distribution to establish the ownership of property
taken as exempt property.
(c) The personal representative or an interested person
aggrieved by any selection, determination, payment, proposed
payment, or failure to act under this section may petition the
court for appropriate relief, which may include a selection or
determination under this section other than that which the
surviving spouse, guardians or conservators of minor children,
children who are adults, or the personal representative
selected, could have selected, determined, or could have
determined.
HIST: 1994 c 472 s 35
==524.2-501
524.2-501 Who may make a will.
Any person 18 or more years of age who is of sound mind may
make a will.
HIST: 1975 c 347 s 22
==524.2-502
524.2-502 Execution; witnessed wills.
Except as provided in sections 524.2-506 and 524.2-513, a
will must be:
(1) in writing;
(2) signed by the testator or in the testator's name by
some other individual in the testator's conscious presence and
by the testator's direction; and
(3) signed by at least two individuals, each of whom signed
within a reasonable time after witnessing either the signing of
the will as described in clause (2) or the testator's
acknowledgment of that signature or acknowledgment of the will.
HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 36
==524.2-504
524.2-504 Self-proved will.
(a) A will may be contemporaneously executed, attested, and
made self-proved, by acknowledgment thereof by the testator and
affidavits of the witnesses, each made before an officer
authorized to administer oaths under the laws of the state in
which execution occurs and evidenced by the officer's
certificate, under official seal, in substantially the following
form:
I, ............, the testator, sign my name to this
instrument this ... day of ............, and being first duly
sworn, do hereby declare to the undersigned authority that I
sign and execute this instrument as my will and that I sign it
willingly (or willingly direct another to sign for me), that I
execute it as my free and voluntary act for the purposes therein
expressed, and that I am 18 years of age or older, of sound
mind, and under no constraint or undue influence.
........................
Testator
We, ............, ............, the witnesses, sign our
names to this instrument, being first duly sworn, and do hereby
declare to the undersigned authority that the testator signs and
executes this instrument as the testator's will and that the
testator signs it willingly (or willingly directs another to
sign for the testator), and that each of us, in the presence and
hearing of the testator, hereby signs this will as witness to
the testator's signing, and that to the best of our knowledge
the testator is 18 years of age or older, of sound mind, and
under no constraint or undue influence.
...............................
Witness
...............................
Witness
State of ................
County of ...............
Subscribed, sworn to, and acknowledged before me by
............, the testator, and subscribed and sworn to before
me by ............, and ............, witnesses, this ... day of
........, .... .
(Seal)
(Signed)......................................
..............................................
(Official capacity of officer)
(b) An attested will may be made self-proved at any time
after its execution by the acknowledgment thereof by the
testator and the affidavits of the witnesses, each made before
an officer authorized to administer oaths under the laws of the
state in which the acknowledgment occurs and evidenced by the
officer's certificate, under the official seal, attached or
annexed to the will in substantially the following form:
State of ................
County of ...............
We, ............, ............, and ............, the
testator and the witnesses, respectively, whose names are signed
to the attached or foregoing instrument, being first duly sworn,
do hereby declare to the undersigned authority that the testator
signed and executed the instrument as the testator's will and
that the testator had signed willingly (or willingly directed
another to sign for the testator), and that the testator
executed it as the testator's free and voluntary act for the
purposes therein expressed, and each of the witnesses, in the
presence and hearing of the testator, signed the will as witness
and that to the best of the witness' knowledge the testator was
at the time 18 years of age or older, of sound mind, and under
no constraint or undue influence.
.............................
Testator
.............................
Witness
.............................
Witness
Subscribed, sworn to, and acknowledged before me by
............, the testator, and subscribed and sworn to before
me by ............, and ............, witnesses, this ... day of
.........., .... .
(Seal)
(Signed)..........................
..................................
(Official capacity of officer)
(c) A signature affixed to a self-proving affidavit
attached to a will is considered a signature affixed to the
will, if necessary to prove the will's due execution.
HIST: 1975 c 347 s 22; 1979 c 240 s 1; 1986 c 444; 1994 c 472
s 37
==524.2-505
524.2-505 Who may witness.
(a) An individual generally competent to be a witness may
act as a witness to a will.
(b) The signing of a will by an interested witness does not
invalidate the will or any provision of it.
HIST: 1975 c 347 s 22; 1994 c 472 s 38
==524.2-506
524.2-506 Choice of law as to execution.
A written will is valid if executed in compliance with
section 524.2-502 or if its execution complies with the law at
the time of execution of the place where the will is executed,
or of the law of the place where at the time of execution or at
the time of death the testator is domiciled, has a place of
abode or is a national.
HIST: 1975 c 347 s 22
==524.2-507
524.2-507 Revocation by writing or by act.
(a) A will or any part thereof is revoked:
(1) by executing a subsequent will that revokes the
previous will or part expressly or by inconsistency; or
(2) by performing a revocatory act on the will, if the
testator performed the act with the intent and for the purpose
of revoking the will or part or if another individual performed
the act in the testator's conscious presence and by the
testator's direction. For purposes of this clause, "revocatory
act on the will" includes burning, tearing, canceling,
obliterating, or destroying the will or any part of it. A
burning, tearing, or canceling may be a "revocatory act on the
will," whether or not the burn, tear, or cancellation touched
any of the words on the will.
(b) If a subsequent will does not expressly revoke a
previous will, the execution of the subsequent will wholly
revokes the previous will by inconsistency if the testator
intended the subsequent will to replace rather than supplement
the previous will.
(c) The testator is presumed to have intended a subsequent
will to replace rather than supplement a previous will if the
subsequent will makes a complete disposition of the testator's
estate. If this presumption arises and is not rebutted by clear
and convincing evidence, the previous will is revoked; only the
subsequent will is operative on the testator's death.
(d) The testator is presumed to have intended a subsequent
will to supplement rather than replace a previous will if the
subsequent will does not make a complete disposition of the
testator's estate. If this presumption arises and is not
rebutted by clear and convincing evidence, the subsequent will
revokes the previous will only to the extent the subsequent will
is inconsistent with the previous will; each will is fully
operative on the testator's death to the extent they are not
inconsistent.
HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 39
==524.2-508
524.2-508 Revocation by changes of circumstances.
Except as provided in sections 524.2-803 and 524.2-804, a
change of circumstances does not revoke a will or any part of it.
HIST: 1975 c 347 s 22; 1994 c 472 s 40; 1995 c 130 s 12
==524.2-509
524.2-509 Revival of revoked will.
(a) If a subsequent will that wholly revoked a previous
will is thereafter revoked by a revocatory act under section
524.2-507, paragraph (a), clause (2), the previous will remains
revoked unless it is revived. The previous will is revived if
it is evident from the circumstances of the revocation of the
subsequent will or from the testator's contemporary or
subsequent declarations that the testator intended the previous
will to take effect as executed.
(b) If a subsequent will that partly revoked a previous
will is thereafter revoked by a revocatory act under section
524.2-507, paragraph (a), clause (2), a revoked part of the
previous will is revived unless it is evident from the
circumstances of the revocation of the subsequent will or from
the testator's contemporary or subsequent declarations that the
testator did not intend the revoked part to take effect as
executed.
(c) If a subsequent will that revoked a previous will in
whole or in part is thereafter revoked by another later will,
the previous will remains revoked in whole or in part, unless it
or its revoked part is revived. The previous will or its
revoked part is revived to the extent it appears from the terms
of the later will that the testator intended the previous will
to take effect.
HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 41
==524.2-510
524.2-510 Incorporation by reference.
Any writing in existence when a will is executed may be
incorporated by reference if the language of the will manifests
this intent and describes the writing sufficiently to permit its
identification.
HIST: 1975 c 347 s 22
==524.2-511
524.2-511 Testamentary additions to trusts.
(a) A will may validly devise property to the trustee of a
trust established or to be established (i) during the testator's
lifetime by the testator, by the testator and some other person,
or by some other person, including a funded or unfunded life
insurance trust, although the settlor has reserved any or all
rights of ownership of the insurance contracts, or (ii) at the
testator's death by the testator's devise to the trustee, if, in
either case, the trust is identified in the testator's will and
its terms are set forth in a written instrument, other than a
will, executed before, concurrently with, or after the execution
of the testator's will or in another individual's will if that
other individual has predeceased the testator, regardless of the
existence, size, or character of the corpus of the trust. The
devise is not invalid because the trust is amendable or
revocable, or because the trust was amended after the execution
of the will or the testator's death.
(b) Unless the testator's will provides otherwise, property
devised to a trust described in paragraph (a) is not held under
a testamentary trust of the testator, but it becomes a part of
the trust to which it is devised, and must be administered and
disposed of in accordance with the provisions of the governing
instrument setting forth the terms of the trust, including any
amendments thereto made before or after the testator's death.
(c) Unless the testator's will provides otherwise, a
revocation or termination of the trust before the testator's
death causes the devise to lapse.
(d) This section does not invalidate a devise made by a
will executed before February 21, 1963.
HIST: 1994 c 472 s 42
==524.2-512
524.2-512 Events of independent significance.
A will may dispose of property by reference to acts and
events that have significance apart from their effect upon the
dispositions made by the will, whether they occur before or
after the execution of the will or before or after the
testator's death. The execution or revocation of another
individual's will is such an event.
HIST: 1975 c 347 s 22; 1994 c 472 s 43
==524.2-513
524.2-513 Separate writing identifying bequest of
tangible property.
A will may refer to a written statement or list to dispose
of items of tangible personal property not otherwise
specifically disposed of by the will, other than money and coin
collections, and property used in trade or business. To be
admissible under this section as evidence of the intended
disposition, the writing must be referred to in the will, must
be either in the handwriting of the testator or be signed by the
testator, and must describe the items and the devisees with
reasonable certainty. The writing may be referred to as one to
be in existence at the time of the testator's death; it may be
prepared before or after the execution of the will; it may be
altered by the testator after its preparation; and it may be a
writing which has no significance apart from its effect upon the
dispositions made by the will.
A writing may include multiple writings and if an item of
tangible personal property is disposed of to different persons
by different writings, the most recent writing controls the
disposition of the item.
HIST: 1975 c 347 s 22; 1986 c 444; 2000 c 362 s 2
==524.2-514
524.2-514 Contracts concerning succession.
A contract to make a will or devise, or not to revoke a
will or devise, or to die intestate, if executed after January
1, 1976, may be established only by (i) provisions of a will
stating material provisions of the contract, (ii) an express
reference in a will to a contract and extrinsic evidence proving
the terms of the contract, or (iii) a writing signed by the
decedent evidencing the contract. The execution of a joint will
or mutual wills does not create a presumption of a contract not
to revoke the will or wills.
HIST: 1994 c 472 s 44
==524.2-515
524.2-515 Deposit of will with court in testator's
lifetime.
A will may be deposited by the testator or the testator's
agent with any court for safekeeping, under rules of the court.
The will must be sealed and kept confidential. During the
testator's lifetime, a deposited will must be delivered only to
the testator or to a person authorized in writing signed by the
testator to receive the will. A conservator or guardian may be
allowed to examine a deposited will of a protected testator
under procedures designed to maintain the confidential character
of the document to the extent possible, and to ensure that it
will be resealed and kept on deposit after the examination.
Upon being informed of the testator's death, the court may
deliver the will to the appropriate court.
HIST: 1994 c 472 s 45
==524.2-516
524.2-516 Duty of custodian of will; liability.
After the death of a testator and on request of an
interested person, a person having custody of a will of the
testator shall deliver it with reasonable promptness to an
appropriate court. A person who willfully fails to deliver a
will is liable to any person aggrieved for any damages that may
be sustained by the failure. A person who willfully refuses or
fails to deliver a will after being ordered by the court in a
proceeding brought for the purpose of compelling delivery is
subject to penalty for contempt of court.
HIST: 1994 c 472 s 46
==524.2-517
524.2-517 Penalty clause for contest.
A provision in a will purporting to penalize an interested
person for contesting the will or instituting other proceedings
relating to the estate is unenforceable if probable cause exists
for instituting proceedings.
HIST: 1994 c 472 s 47
==524.2-601
524.2-601 Scope.
In the absence of a finding of a contrary intention, the
rules of construction in this part control the construction of a
will.
HIST: 1994 c 472 s 48
==524.2-602
524.2-602 Will may pass all property and after-acquired
property.
A will may provide for the passage of all property the
testator owns at death and all property acquired by the estate
after the testator's death.
HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 49
==524.2-603
524.2-603 Repealed, 2001 c 15 s 14
==524.2-6031
524.2-6031 Antilapse; deceased devisee; class gifts;
words of survivorship.
Subdivision 1. Deceased devisee. If a devisee who is
a grandparent or a lineal descendant of a grandparent of the
testator is dead at the time of execution of the will, fails to
survive the testator, or is treated as if the devisee
predeceased the testator, the issue of the deceased devisee who
survive the testator by 120 hours take in place of the deceased
devisee. If they are all of the same degree of kinship to the
devisee, they take equally. If they are of unequal degree,
those of more remote degree take by representation. A person
who would have been a devisee under a class gift if the person
had survived the testator is treated as a devisee for purposes
of this section, whether the death occurred before or after the
execution of the will.
Subd. 2. Definition. For the purposes of section
524.2-601, words of survivorship, such as, in a devise to an
individual, "if he or she survives me," or, in a class gift, to
"my surviving children," are a sufficient indication of an
intent contrary to the application of this section.
HIST: 2001 c 15 s 13
==524.2-604
524.2-604 Failure of testamentary provision.
(a) Except as provided in section 524.2-6031, a devise,
other than a residuary devise, that fails for any reason becomes
a part of the residue.
(b) Except as provided in section 524.2-6031, if the
residue is devised to two or more persons, the share of a
residuary devisee that fails for any reason passes to the other
residuary devisee, or to other residuary devisees in proportion
to the interest of each in the remaining part of the residue.
HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 51; 2002 c 379
art 1 s 102
==524.2-605
524.2-605 Increase in securities; accessions.
(a) If a testator executes a will that devises securities
and the testator then owned securities that meet the description
in the will, the devise includes additional securities owned by
the testator at death to the extent the additional securities
were acquired by the testator after the will was executed as a
result of the testator's ownership of the described securities
and are securities of any of the following types:
(1) securities of the same organization acquired by reason
of action initiated by the organization or any successor,
related, or acquiring organization, excluding any acquired by
exercise of purchase options;
(2) securities of another organization acquired as a result
of a merger, consolidation, reorganization, or other
distribution by the organization or any successor, related, or
acquiring organization; or
(3) securities of the same organization acquired as a
result of a plan of reinvestment.
(b) Distributions in cash before death with respect to a
described security are not part of the devise.
HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 52
==524.2-606
524.2-606 Nonademption of specific devises; unpaid
proceeds of sale, condemnation, or insurance; sale by
conservator or guardian.
(a) A specific devisee has a right to the specifically
devised property in the testator's estate at death and:
(1) any balance of the purchase price, together with any
security agreement, owing from a purchaser to the testator at
death by reason of sale of the property;
(2) any amount of a condemnation award for the taking of
the property unpaid at death;
(3) any proceeds unpaid at death on fire or casualty
insurance on or other recovery for injury to the property; and
(4) property owned by the testator at death and acquired as
a result of foreclosure, or obtained in lieu of foreclosure, of
the security interest for a specifically devised obligation.
(b) If specifically devised property is sold or mortgaged
by a conservator or guardian or by an agent acting within the
authority of a durable power of attorney for an incapacitated
principal, or if a condemnation award, insurance proceeds, or
recovery for injury to the property are paid to a conservator or
guardian or to an agent acting within the authority of a durable
power of attorney for an incapacitated principal, the specific
devisee has the right to a general pecuniary devise equal to the
net sale price, the amount of the unpaid loan, the condemnation
award, the insurance proceeds, or the recovery.
(c) The right of a specific devisee under paragraph (b) is
reduced by any right the devisee has under paragraph (a).
(d) For the purposes of the references in paragraph (b) to
a conservator or guardian or an agent acting within the
authority of a durable power of attorney, paragraph (b) does not
apply if after the sale, mortgage, condemnation, casualty, or
recovery;
(1) in the case of a conservator or guardian, it was
adjudicated that the testator's incapacity ceased and the
testator survived the adjudication by one year; or
(2) in the case of an agent acting within the authority of
a durable power of attorney, the testator's incapacity ceased
and the testator survived for one year after the incapacity
ceased.
(e) For the purposes of the references in paragraph (b) to
an agent acting within the authority of a durable power of
attorney for an incapacitated principal, (i) "incapacitated
principal" means a principal who is an incapacitated person as
defined in section 525.54, subdivision 3, and (ii) a finding of
the principal's incapacity need not occur during the principal's
life.
HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 53; 1997 c 9 s
8
==524.2-607
524.2-607 Nonexoneration.
A specific devise passes subject to any mortgage or
security interest existing at the date of death, without right
of exoneration, regardless of a general directive in the will to
pay debts.
HIST: 1975 c 347 s 22; 1994 c 472 s 54
==524.2-608
524.2-608 Exercise of power of appointment.
A general residuary clause in a will, or a will making
general disposition of all of the testator's property, does not
exercise a power of appointment held by the testator unless the
testator's will manifests an intention to include property
subject to the power.
HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 55
==524.2-609
524.2-609 Ademption by satisfaction.
(a) Property a testator, while living, gave to a person is
treated as a satisfaction of a devise in whole or in part, only
if (i) the will provides for deduction of the gift, (ii) the
testator declared in a contemporaneous writing that the gift is
in satisfaction of the devise or that its value is to be
deducted from the value of the devise, or (iii) the devisee
acknowledged in writing that the gift is in satisfaction of the
devise or that its value is to be deducted from the value of the
devise.
(b) For purposes of partial satisfaction, property given
during lifetime is valued as of the time the devisee came into
possession or enjoyment of the property or at the testator's
death, whichever occurs first.
(c) If the devisee fails to survive the testator, the gift
is treated as a full or partial satisfaction of the devise, as
appropriate, in applying sections 524.2-6031 and 524.2-604,
unless the testator's contemporaneous writing provides otherwise.
HIST: 1975 c 347 s 22; 1994 c 472 s 56; 2002 c 379 art 1 s 103
==524.2-610
524.2-610 Repealed, 1994 c 472 s 64
==524.2-612
524.2-612 Repealed, 1994 c 472 s 64
==524.2-701
524.2-701 Scope.
In the absence of a finding of a contrary intention, the
rules of construction in this part control the construction of a
governing instrument. The rules of construction in this part
apply to a governing instrument of any type, except as the
application of a particular section is limited by its terms to a
specific type or types of provision or governing instrument.
HIST: 1975 c 347 s 22; 1994 c 472 s 57
==524.2-702
524.2-702 Requirement of survival for 120 hours for
devisees, beneficiaries of certain trusts, and appointees of
certain powers of appointment; simultaneous death act for other
cases.
(a) Requirement of survival for 120 hours. A
beneficiary of a trust in which the grantor has reserved a power
to alter, amend, revoke, or terminate the provisions of the
trust who fails to survive the grantor by 120 hours, a devisee
who fails to survive the testator by 120 hours, or an appointee
of a power of appointment taking effect at the death of the
holder of the power who fails to survive the holder of the power
by 120 hours is deemed to have predeceased the grantor,
testator, or holder of the power for purposes of determining
title to property passing by the trust instrument, by the
testator's will, or by the exercise of the power of appointment.
(b)(1) Title to property in other cases. In cases
not governed by section 524.2-104 or paragraph (a), where the
title to property or the devolution thereof depends upon
priority of death and there is no sufficient evidence that the
persons have died otherwise than simultaneously, the property of
each person shall be disposed of as if the person had survived,
except as provided otherwise in this paragraph.
(2) Division of property. Where two or more
beneficiaries are designated to take successively by reason of
survivorship under another person's disposition of property and
there is no sufficient evidence that these beneficiaries have
died otherwise than simultaneously the property thus disposed of
shall be divided into as many equal portions as there are
successive beneficiaries and these portions shall be distributed
respectively to those who would have taken in the event that
each designated beneficiary had survived.
(3) Division of property. Where there is no
sufficient evidence that two joint tenants or tenants by the
entirety have died otherwise than simultaneously the property so
held shall be distributed one-half as if one had survived and
one-half as if the other had survived. If there are more than
two joint tenants and all of them have so died the property thus
distributed shall be in the proportion that one bears to the
whole number of joint tenants.
(4) Division of property. Where the insured and the
beneficiary in a policy of life or accident insurance have died
and there is no sufficient evidence that they have died
otherwise than simultaneously the proceeds of the policy shall
be distributed as if the insured had survived the beneficiary.
(c) Not retroactive. This section does not apply to
the distribution of the property of a person who has died before
it takes effect. Paragraph (a) applies only to persons who die
on or after August 1, 1999.
(d) Application. This section does not apply in the
case of wills, trusts, deeds, contracts of insurance, or
documents exercising powers of appointment wherein provision has
been made for distribution of property different from the
provisions of this section. Paragraph (a) does not apply to
trusts which are part of a qualified or nonqualified retirement
plan or individual retirement accounts.
HIST: 1943 c 248 s 1-7; 1986 c 444; 1994 c 472 s 63; 1999 c
171 s 2
==524.2-703
524.2-703 Choice of law as to meaning and effect of
governing instrument.
The meaning and legal effect of a governing instrument is
determined by the local law of the state selected in the
governing instrument, unless the application of that law is
contrary to the provisions relating to the elective share
described in part 2, the provisions relating to exempt property
and allowances described in part 4, or any other public policy
of this state otherwise applicable to the disposition.
HIST: 1994 c 472 s 58
==524.2-704
524.2-704 Power of appointment; meaning of specific
reference requirement.
If a governing instrument creating a power of appointment
expressly requires that the power be exercised by a reference,
an express reference, or a specific reference, to the power or
its source, it is presumed that the donor's intention, in
requiring that the donee exercise the power by making reference
to the particular power or to the creating instrument, was to
prevent an inadvertent exercise of the power and an attempt to
exercise the power by a donee who had knowledge of and intended
to exercise the power is effective.
HIST: 1994 c 472 s 59
==524.2-705
524.2-705 Class gifts construed to accord with intestate
succession.
Adopted individuals and individuals born out of wedlock,
and their respective descendants if appropriate to the class,
are included in class gifts and other terms of relationship in
accordance with the rules for intestate succession. Terms of
relationship that do not differentiate relationships by blood
from those by affinity, such as "uncles," "aunts," "nieces," or
"nephews," are presumed to exclude relatives by affinity. Terms
of relationship that do not differentiate relationships by the
half blood from those by the whole blood, such as "brothers,"
"sisters," "nieces," or "nephews," are presumed to include both
types of relationships.
HIST: 1994 c 472 s 60
==524.2-708
524.2-708 Class gifts to "descendants," "issue," or
"heirs of the body"; form of distribution if none specified.
If a class gift in favor of "descendants," "issue," or
"heirs of the body" does not specify the manner in which the
property is to be distributed among the class members, the
property is distributed among the class members who are living
when the interest is to take effect in possession or enjoyment,
in such shares as they would receive, under the applicable law
of intestate succession, if the designated ancestor had then
died intestate owning the subject matter of the class gift.
HIST: 1994 c 472 s 61
==524.2-709
524.2-709 Representation; per stirpes; per capita at
each generation.
(a) Definitions. In this section:
(1) "Deceased child" or "deceased descendant" means a child
or a descendant who either predeceased the distribution date or
is deemed to have predeceased the distribution date under
section 524.2-702.
(2) "Distribution date," with respect to an interest, means
the time when the interest is to take effect in possession or
enjoyment. The distribution date need not occur at the
beginning or end of a calendar day, but can occur at a time
during the course of a day.
(3) "Surviving ancestor," "surviving child," or "surviving
descendant" means an ancestor, a child, or a descendant who
neither predeceased the distribution date nor is deemed to have
predeceased the distribution date under section 524.2-702.
(b) Representation; per stirpes. If an applicable
statute or governing instrument calls for property to be
distributed by "representation" or "per stirpes," the property
is divided into as many equal shares as there are (i) surviving
children of the designated ancestor and (ii) deceased children
who left surviving descendants. Each surviving child, if any,
is allocated one share. The share of each deceased child with
surviving descendants is divided in the same manner, with
subdivision repeating at each succeeding generation until the
property is fully allocated among surviving descendants.
(c) Per capita at each generation. If a governing
instrument calls for property to be distributed "per capita at
each generation," the property is divided into as many equal
shares as there are (i) surviving descendants in the generation
nearest to the designated ancestor which contains one or more
surviving descendants and (ii) deceased descendants in the same
generation who left surviving descendants, if any. Each
surviving descendant in the nearest generation is allocated one
share. The remaining shares, if any, are combined and then
divided in the same manner among the surviving descendants of
the deceased descendants as if the surviving descendants who
were allocated a share and their surviving descendants had
predeceased the distribution date.
(d) Deceased descendant with no surviving descendant
disregarded. For the purposes of paragraphs (b) and (c), an
individual who is deceased and left no surviving descendant is
disregarded, and an individual who leaves a surviving ancestor
who is a descendant of the designated ancestor is not entitled
to a share.
HIST: 1994 c 472 s 62
==524.2-711
524.2-711 Future interests in "heirs," "heirs at law,"
or "next of kin."
If a governing instrument calls for a future distribution
to or creates a future interest in a designated individual's
"heirs," "heirs at law," or "next of kin," the property passes
to those persons, including the state of Minnesota under section
524.2-105, and in such shares as would succeed to the designated
individual's intestate estate under the laws of intestate
succession of the state of Minnesota if the designated
individual died when the disposition is to take effect in
possession or enjoyment. If the designated individual's
surviving spouse is living at the time the disposition is to
take effect in possession or enjoyment, the surviving spouse is
an heir of the designated individual for the purposes of this
section, whether or not the surviving spouse is remarried.
HIST: 1997 c 9 s 9
==524.2-802
524.2-802 Effect of dissolution of marriage, annulment,
and decree of separation.
A person whose marriage to the decedent has been dissolved
or annulled is not a surviving spouse unless, by virtue of a
subsequent marriage, the person is married to the decedent at
the time of death. A decree of separation which does not
terminate the status of husband and wife is not a dissolution of
marriage for purposes of this section.
HIST: 1975 c 347 s 22; 1986 c 444
==524.2-803
524.2-803 Effect of homicide on intestate succession,
wills, joint assets, life insurance and beneficiary designations.
(a) A surviving spouse, heir or devisee who feloniously and
intentionally kills the decedent is not entitled to any benefits
under the will or under this article, including an intestate
share, an elective share, an omitted spouse's or child's share,
homestead, exempt property, and a family allowance, and the
estate of decedent passes as if the killer had predeceased the
decedent. Property appointed by the will of the decedent to or
for the benefit of the killer passes as if the killer had
predeceased the decedent.
(b) Any joint tenant who feloniously and intentionally
kills another joint tenant thereby effects a severance of the
interest of the decedent so that the share of the decedent
passes as the decedent's property and the killer has no rights
by survivorship. This provision applies to joint tenancies in
real and personal property, joint accounts in banks, savings
associations, credit unions and other institutions, and any
other form of coownership with survivorship incidents.
(c) A named beneficiary of a bond or other contractual
arrangement who feloniously and intentionally kills the
principal obligee is not entitled to any benefit under the bond
or other contractual arrangement and it becomes payable as
though the killer had predeceased the decedent.
(d) A named beneficiary of a life insurance policy who
feloniously and intentionally kills the person upon whose life
the policy is issued is not entitled to any benefit under the
policy and the proceeds of the policy shall be paid and
distributed by order of the court as hereinafter provided. If a
person who feloniously and intentionally kills a person upon
whose life a life insurance policy is issued is a beneficial
owner as shareholder, partner or beneficiary of a corporation,
partnership, trust or association which is the named beneficiary
of the life insurance policy, to the extent of the killer's
beneficial ownership of the corporation, partnership, trust or
association, the proceeds of the policy shall be paid and
distributed by order of the court as hereinafter provided.
Upon receipt of written notice by the insurance company at
its home office that the insured may have been intentionally and
feloniously killed by one or more named beneficiaries or that
the insured may have been intentionally and feloniously killed
by one or more persons who have a beneficial ownership in a
corporation, partnership, trust or association, which is the
named beneficiary of the life insurance policy, the insurance
company shall, pending court order, withhold payment of the
policy proceeds to all beneficiaries. In the event that the
notice has not been received by the insurance company before
payment of the policy proceeds, the insurance company shall be
fully and finally discharged and released from any and all
responsibility under the policy to the extent that the policy
proceeds have been paid.
The named beneficiary, the insurance company or any other
party claiming an interest in the policy proceeds may commence
an action in the district court to compel payment of the policy
proceeds. The court may order the insurance company to pay the
policy proceeds to any person equitably entitled thereto,
including the deceased insured's spouse, children, issue,
parents, creditors or estate, and may order the insurance
company to pay the proceeds of the policy to the court pending
the final determination of distribution of the proceeds by the
court. The insurance company, upon receipt of a court order,
judgment or decree ordering payment of the policy proceeds,
shall pay the policy proceeds according to the terms of the
order, and upon payment of such proceeds according to the terms
of the court order, shall be fully and completely discharged and
released from any and all responsibility for payment under the
policy.
(e) Any other acquisition of property or interest by the
killer shall be treated in accordance with the principles of
this section.
(f) A final judgment of conviction of felonious and
intentional killing is conclusive for purposes of this section.
In the absence of a conviction of felonious and intentional
killing the court may determine by a preponderance of evidence
whether the killing was felonious and intentional for purposes
of this section.
(g) This section does not affect the rights of any person
who, before rights under this section have been adjudicated,
purchases from the killer for value and without notice property
which the killer would have acquired except for this section,
but the killer is liable for the amount of the proceeds or the
value of the property. Any insurance company, bank, or other
obligor making payment according to the terms of its policy or
obligation is not liable by reason of this section unless prior
to payment it has received at its home office or principal
address written notice of a claim under this section.
HIST: 1975 c 347 s 22; 1981 c 315 s 1; 1986 c 444; 1995 c 202
art 1 s 25; 1996 c 338 art 2 s 3
==524.2-804
524.2-804 Revocation by dissolution of marriage; no
revocation by other changes of circumstances.
Subdivision 1. Revocation upon dissolution. Except
as provided by the express terms of a governing instrument,
other than a trust instrument under section 501B.90, executed
prior to the dissolution or annulment of an individual's
marriage, a court order, a contract relating to the division of
the marital property made between individuals before or after
their marriage, dissolution, or annulment, or a plan document
governing a qualified or nonqualified retirement plan, the
dissolution or annulment of a marriage revokes any revocable:
(1) disposition, beneficiary designation, or appointment of
property made by an individual to the individual's former spouse
in a governing instrument;
(2) provision in a governing instrument conferring a
general or nongeneral power of appointment on an individual's
former spouse; and
(3) nomination in a governing instrument, nominating an
individual's former spouse to serve in any fiduciary or
representative capacity, including a personal representative,
executor, trustee, conservator, agent, or guardian.
Subd. 2. Effect of revocation. Provisions of a
governing instrument are given effect as if the former spouse
died immediately before the dissolution or annulment.
Subd. 3. Revival if dissolution nullified.
Provisions revoked solely by this section are revived by the
individual's remarriage to the former spouse or by a
nullification of the dissolution or annulment.
Subd. 4. No revocation for other change of
circumstances. No change of circumstances other than as
described in this section and in section 524.2-803 effects a
revocation.
Subd. 5. Protection of payors and other third parties.
(a) A payor or other third party is not liable for having
made a payment or transferred an item of property or any other
benefit to a beneficiary designated in a governing instrument
affected by a dissolution, annulment, or remarriage, or for
having taken any other action in good faith reliance on the
validity of the governing instrument, before the payor or other
third party received written notice of the dissolution,
annulment, or remarriage. A payor or other third party is
liable for a payment made or other action taken after the payor
or other third party received written notice of a claimed
forfeiture or revocation under this section.
(b) Written notice of the dissolution, annulment, or
remarriage under paragraph (a) must be delivered to the payor's
or other third party's main office or home. Upon receipt of
written notice of the dissolution, annulment, or remarriage, a
payor or other third party may pay any amount owed or transfer
or deposit any item of property held by it to or with the court
having jurisdiction of the probate proceedings relating to the
decedent's estate or, if no proceedings have been commenced, to
or with the court having jurisdiction of probate proceedings
relating to decedents' estates located in the county of the
decedent's residence. The court shall hold the funds or item of
property and, upon its determination under this section, shall
order disbursement or transfer in accordance with the
determination. Payments, transfers, or deposits made to or with
the court discharge the payor or other third party from all
claims for the value of amounts paid to or items of property
transferred to or deposited with the court.
HIST: 1995 c 130 s 13; 2002 c 347 s 2
==524.3-1001
524.3-1001 Formal proceedings terminating
administration; testate or intestate; order of distribution,
decree, and general protection.
(a)(1) A personal representative or any interested person
may petition for an order of complete settlement of the estate.
The personal representative may petition at any time, and any
other interested person may petition after one year from the
appointment of the original personal representative except that
no petition under this section may be entertained until the time
for presenting claims which arose prior to the death of the
decedent has expired. The petition may request the court to
determine testacy, if not previously determined, to consider the
final account or compel or approve an accounting and
distribution, to construe any will or determine heirs and
adjudicate the final settlement and distribution of the estate.
After notice to all interested persons and hearing the court may
enter an order or orders, on appropriate conditions, determining
the persons entitled to distribution of the estate, and, as
circumstances require, approving settlement and directing or
approving distribution of the estate and discharging the
personal representative from further claim or demand of any
interested person.
(2) In such petition for complete settlement of the estate,
the petitioner may apply for a decree. Upon the hearing, if in
the best interests of interested persons, the court may issue
its decree which shall determine the persons entitled to the
estate and assign the same to them in lieu of ordering the
assignment by the personal representative. The decree shall
name the heirs and distributees, state their relationship to the
decedent, describe the property, and state the proportions or
part thereof to which each is entitled. In the estate of a
testate decedent, no heirs shall be named in the decree unless
all heirs be ascertained.
(3) In solvent estates, the hearing may be waived by
written consent to the proposed account and decree of
distribution or order of distribution by all heirs or
distributees, and the court may then enter its order allowing
the account and issue its decree or order of distribution.
(4) Where a decree or order for distribution is issued, the
personal representative shall not be discharged until all
property is paid or transferred to the persons entitled to the
property, and the personal representative has otherwise fully
discharged the duties of a personal representative. If an order
assessing estate tax or request for documents is filed with the
court by the commissioner of revenue, no discharge shall be
issued until the assessment is paid or the request is complied
with. If no order assessing estate tax or request for documents
is filed, the court shall have the power to settle and
distribute the estate and discharge the personal representative
without regard to tax obligations.
(b) If one or more heirs or devisees were omitted as
parties in, or were not given notice of, a previous formal
testacy proceeding, the court, on proper petition for an order
of complete settlement of the estate under this section, and
after notice to the omitted or unnotified persons and other
interested parties determined to be interested on the assumption
that the previous order concerning testacy is conclusive as to
those given notice of the earlier proceeding, may determine
testacy as it affects the omitted persons and confirm or alter
the previous order of testacy as it affects all interested
persons as appropriate in the light of the new proofs. In the
absence of objection by an omitted or unnotified person,
evidence received in the original testacy proceeding shall
constitute prima facie proof of due execution of any will
previously admitted to probate, or of the fact that the decedent
left no valid will if the prior proceedings determined this fact.
HIST: 1974 c 442 art 3 s 524.3-1001; 1975 c 347 s 66; 1979 c
303 art 3 s 34; 1980 c 439 s 31; 1986 c 444; 1990 c 480 art 2 s
17; 1995 c 130 s 16
==524.3-1002
524.3-1002 Formal proceedings terminating testate
administration; order construing will without adjudicating
testacy.
A personal representative administering an estate under an
informally probated will or any devisee under an informally
probated will may petition for an order of settlement of the
estate which will not adjudicate the testacy status of the
decedent. The personal representative may petition at any time,
and a devisee may petition after one year, from the appointment
of the original personal representative, except that no petition
under this section may be entertained until the time for
presenting claims which arose prior to the death of the decedent
has expired. The petition may request the court to consider the
final account or compel or approve an accounting and
distribution, to construe the will and adjudicate final
settlement and distribution of the estate. After notice to all
devisees and the personal representative and hearing, the court
may enter an order or orders, on appropriate conditions,
determining the persons entitled to distribution of the estate
under the will, and, as circumstances require, approving
settlement and directing or approving distribution of the estate
and discharging the personal representative from further claim
or demand of any devisee who is a party to the proceeding and
those the devisee represents. If it appears that a part of the
estate is intestate, the proceedings shall be dismissed or
amendments made to meet the provisions of section 524.3-1001.
HIST: 1974 c 442 art 3 s 524.3-1002; 1986 c 444
==524.3-1003
524.3-1003 Closing estates; by sworn statement of
personal representative.
(a) Unless prohibited by order of the court and except for
estates being administered in supervised administration
proceedings, a personal representative may close an estate by
filing with the court no earlier than four months after the date
of original appointment of a general personal representative for
the estate, a statement stating that the filer, or a prior
personal representative whom the filer has succeeded, has or
have:
(1) published notice to creditors and that the first
publication occurred more than four months prior to the date of
filing of the statement;
(2) fully administered the estate of the decedent by making
payment, settlement or other disposition of all claims which
were presented, expenses of administration and estate and other
taxes, except as specified in the statement, and that the assets
of the estate have been inventoried and distributed to the
persons entitled. If any claims, expenses or taxes remain
undischarged, the statement shall state in detail other
arrangements which have been made to accommodate outstanding
liabilities; and
(3) prior to filing the statement, sent a copy thereof to
all distributees of the estate and to all creditors or other
known claimants whose claims are neither paid nor barred and has
furnished a full account in writing of the personal
representative's administration to the distributees whose
interests are affected thereby.
(b) If no proceedings involving the personal representative
are pending in the court one year after the closing statement is
filed, the appointment of the personal representative
terminates. Letters of appointment remain in full force until
one year after the filing of the closing statement at which time
the authority of the personal representative shall terminate.
HIST: 1974 c 442 art 3 s 524.3-1003; 1976 c 161 s 11; 1978 c
525 s 16; 1980 c 439 s 32; 1984 c 438 s 1; 1986 c 444
==524.3-1004
524.3-1004 Liability of distributees to claimants.
After assets of an estate have been distributed and subject
to section 524.3-1006, an undischarged claim not barred may be
prosecuted in a proceeding against one or more distributees. If
a personal representative closes an estate without giving notice
as required under section 524.3-801, paragraph (d),
notwithstanding any other law to the contrary, claims arising
under sections 246.53, 256B.15, 256D.16, and 261.04 shall be
undischarged and unbarred claims. The governmental entities
entitled to file claims under those sections shall be entitled
to prosecute their claims against distributees as provided for
in this section, and the limitations in section 524.3-1006 shall
not apply. No distributee shall be liable to claimants for
amounts in excess of the value of the distributee's distribution
as of the time of distribution. As between distributees, each
shall bear the cost of satisfaction of unbarred claims as if the
claim had been satisfied in the course of administration. Any
distributee who shall have failed to notify other distributees
of the demand made by the claimant in sufficient time to permit
them to join in any proceeding in which the claim was asserted
against the first distributee loses the right of contribution
against other distributees.
HIST: 1974 c 442 art 3 s 524.3-1004; 1986 c 444; 1997 c 217
art 2 s 17
==524.3-1005
524.3-1005 Limitations on proceedings against personal
representative.
Unless previously barred by adjudication and except as
provided in the closing statement, the rights of successors and
of creditors whose claims have not otherwise been barred against
the personal representative for breach of fiduciary duty are
barred unless a proceeding to assert the same is commenced
within six months after the filing of the closing statement.
The rights thus barred do not include rights to recover from a
personal representative for fraud, misrepresentation, or
inadequate disclosure related to the settlement of the
decedent's estate.
HIST: 1974 c 442 art 3 s 524.3-1005
==524.3-1006
524.3-1006 Limitations on actions and proceedings
against distributees.
Unless previously adjudicated in a formal testacy
proceeding or in a proceeding settling the accounts of a
personal representative or otherwise barred, the claim of any
claimant to recover from a distributee who is liable to pay the
claim, and the right of any heir or devisee, or of a successor
personal representative acting in their behalf, to recover
property improperly distributed or the value thereof from any
distributee is forever barred at the later of (1) three years
after the decedent's death; or (2) one year after the time of
distribution thereof. This section does not bar an action to
recover property or value received as the result of fraud.
HIST: 1974 c 442 art 3 s 524.3-1006
==524.3-1007
524.3-1007 Certificate discharging liens securing
fiduciary performance.
After the appointment has terminated, the personal
representative, the personal representative's sureties, or any
successor of either, upon the filing of an application showing,
so far as is known by the applicant, that no action concerning
the estate is pending in any court, is entitled to receive a
certificate from the registrar that the personal representative
appears to have fully administered the estate in question. The
certificate evidences discharge of any lien on any property
given to secure the obligation of the personal representative in
lieu of bond or any surety, but does not preclude action against
the personal representative or the surety.
HIST: 1974 c 442 art 3 s 524.3-1007; 1976 c 161 s 12; 1986 c
444
==524.3-1008
524.3-1008 Subsequent administration.
If property of the estate is omitted or discovered after an
estate has been settled and the personal representative
discharged or after one year after a closing statement has been
filed, the court upon petition or the registrar upon application
of any interested person and upon notice as it directs may
appoint the same or a successor personal representative to
administer the subsequently discovered estate. If a new
appointment is made, unless the court or registrar orders
otherwise, the provisions of this chapter apply as appropriate;
but no claim previously barred may be asserted in the subsequent
administration.
HIST: 1974 c 442 art 3 s 524.3-1008; 1975 c 347 s 67; 1995 c
130 s 17
==524.3-101
524.3-101 Devolution of estate at death; restrictions.
The power of a person to leave property by will, and the
rights of creditors, devisees, and heirs to the person's
property are subject to the restrictions and limitations
contained in chapters 524 and 525 to facilitate the prompt
settlement of estates. Upon death, a person's real and personal
property devolves to the persons to whom it is devised by last
will or to those indicated as substitutes for them in cases
involving lapse, disclaimer, renunciation, or other
circumstances affecting the devolution of testate estates, or in
the absence of testamentary disposition, to the decedent's
heirs, or to those indicated as substitutes for them in cases
involving disclaimer, renunciation or other circumstances
affecting devolution of intestate estates, subject to the
provisions of sections 525.14 and 524.2-402, the allowances
provided for by sections 524.2-403 and 524.2-404, to the rights
of creditors, elective share of the surviving spouse, and to
administration.
HIST: 1974 c 442 art 3 s 524.3-101; 1975 c 347 s 23; 1986 c
444; 1996 c 305 art 1 s 111
==524.3-102
524.3-102 Necessity of order of probate for will.
Except as provided in section 524.3-1201, to be effective
to prove the transfer of any property, to nominate an executor
or to exercise a power of appointment, a will must be declared
to be valid by an order of informal probate by the registrar, or
an adjudication of probate by the court in a formal proceeding
or proceedings to determine descent, except that a duly executed
and unrevoked will which has not been probated may be admitted
as evidence of a devise if (1) no court proceeding concerning
the succession or administration of the estate has occurred, and
(2) either the devisee or the devisee's successors and assigns
possessed the property devised in accordance with the provisions
of the will, or the property devised was not possessed or
claimed by anyone by virtue of the decedent's title during the
time period for testacy proceedings.
HIST: 1974 c 442 art 3 s 524.3-102; 1975 c 347 s 24; 1986 c
444
==524.3-103
524.3-103 Necessity of appointment for administration.
Except as otherwise provided in article 4, to acquire the
powers and undertake the duties and liabilities of a personal
representative of a decedent, a person must be appointed by
order of the court or registrar, qualify and be issued letters.
Administration of an estate is commenced by the issuance of
letters.
HIST: 1974 c 442 art 3 s 524.3-103
==524.3-104
524.3-104 Claims against decedent; necessity of
administration.
No proceeding to enforce a claim against the estate of a
decedent or the decedent's successors may be revived or
commenced before the appointment of a personal representative.
After the appointment and until distribution, all proceedings
and actions to enforce a claim against the estate are governed
by this article. After distribution a creditor whose claim has
not been barred may recover from the distributees as provided in
section 524.3-1004 or from a former personal representative
individually liable as provided in section 524.3-1005. This
section has no application to a proceeding by a secured creditor
of the decedent to enforce the creditor's right to the security
except as to any deficiency judgment which might be sought
therein.
HIST: 1974 c 442 art 3 s 524.3-104; 1975 c 347 s 25; 1986 c
444
==524.3-105
524.3-105 Proceedings affecting devolution and
administration; jurisdiction of subject matter.
Any interested person in a decedent's estate may apply to
the registrar for determination in the informal proceedings
provided in this article, and may petition the court for orders
in formal proceedings within the court's jurisdiction including
but not limited to those described in this article. Interim
orders approving or directing partial distributions, sale of
property or granting other relief may be issued by the court at
any time during the pendency of an administration on the
petition of the personal representative or any interested
person. The court has exclusive jurisdiction of proceedings, to
determine how decedents' estates subject to the laws of this
state are to be administered, expended and distributed. The
court has concurrent jurisdiction of any other action or
proceeding concerning a succession or to which an estate,
through a personal representative, may be a party, including
actions to determine title to property alleged to belong to the
estate, and of any action or proceeding in which property
distributed by a personal representative or its value is sought
to be subjected to rights of creditors or successors of the
decedent.
The court shall not have jurisdiction of foreclosure of
mechanic liens, or of any action under section 573.02.
HIST: 1974 c 442 art 3 s 524.3-105; 1975 c 347 s 26; 1977 c
154 s 1; 1978 c 525 s 12; 1979 c 132 s 1; 1980 c 439 s 29
==524.3-106
524.3-106 Proceedings within the exclusive jurisdiction
of court; service; jurisdiction over persons.
In proceedings within the exclusive jurisdiction of the
court where notice is required by this chapter or by rule,
interested persons may be bound by the orders of the court in
respect to property in or subject to the laws of this state by
notice in conformity with section 524.1-401. An order is
binding as to all who are given notice of the proceeding though
less than all interested persons are notified.
HIST: 1974 c 442 art 3 s 524.3-106
==524.3-107
524.3-107 Scope of proceedings; proceedings independent;
exception.
Unless supervised administration as described in part 5 is
involved, (1) each proceeding before the court or registrar is
independent of any other proceeding involving the same estate;
(2) petitions for formal orders of the court may combine various
requests for relief in a single proceeding if the orders sought
may be finally granted without delay. Except as required for
proceedings which are particularly described by other sections
of this article, no petition is defective because it fails to
embrace all matters which might then be the subject of a final
order; (3) proceedings for probate of wills or adjudications of
no will may be combined with proceedings for appointment of
personal representatives; and (4) a proceeding for appointment
of a personal representative is concluded by an order making or
declining the appointment.
HIST: 1974 c 442 art 3 s 524.3-107
==524.3-108
524.3-108 Probate, testacy and appointment proceedings;
ultimate time limit.
No informal probate or appointment proceeding or formal
testacy or appointment proceeding, other than a proceeding to
probate a will previously probated at the testator's domicile
and appointment proceedings relating to an estate in which there
has been a prior appointment, may be commenced more than three
years after the decedent's death, except (1) if a previous
proceeding was dismissed because of doubt about the fact of the
decedent's death, appropriate probate, appointment or testacy
proceedings may be maintained at any time thereafter upon a
finding that the decedent's death occurred prior to the
initiation of the previous proceeding and the applicant or
petitioner has not delayed unduly in initiating the subsequent
proceeding; (2) appropriate probate, appointment or testacy
proceedings may be maintained in relation to the estate of an
absentee, or disappeared or missing person, at any time within
three years after the death of the absentee or disappeared or
missing person is established; and (3) a proceeding to contest
an informally probated will and to secure appointment of the
person with legal priority for appointment in the event the
contest is successful, may be commenced within the later of 12
months from the informal probate or three years from the
decedent's death. These limitations do not apply to proceedings
to construe probated wills, determine heirs of an intestate, or
proceedings to determine descent. In cases under (1) or (2)
above, the date on which a testacy or appointment proceeding is
properly commenced shall be deemed to be the date of the
decedent's death for purposes of other limitations provisions of
this chapter which relate to the date of death. Nothing herein
contained prohibits the formal appointment of a special
administrator at any time for the purposes of reducing assets to
possession, administering the same under direction of the court,
or making distribution of any residue to the heirs or
distributees determined to be entitled thereto pursuant to a
descent proceeding under section 525.31 or an exempt summary
proceeding under section 524.3-1203, even though the three-year
period above referred to has expired.
HIST: 1974 c 442 art 3 s 524.3-108; 1975 c 347 s 27; 1977 c
440 s 3; 1996 c 305 art 1 s 112
==524.3-109
524.3-109 Statutes of limitation on decedent's cause of
action.
No statute of limitation running on a cause of action
belonging to a decedent which had not been barred as of the date
of death, shall apply to bar a cause of action surviving the
decedent's death sooner than one year after death. A cause of
action which, but for this section, would have been barred less
than one year after death, is barred after one year unless
tolled.
HIST: 1974 c 442 art 3 s 524.3-109; 1975 c 347 s 28; 1986 c
444
==524.3-1101
524.3-1101 Effect of approval of agreements involving
trusts, inalienable interests, or interests of third persons.
A compromise of any controversy as to admission to probate
of any instrument offered for formal probate as the will of a
decedent, the construction, validity, or effect of any probated
will, the rights or interests in the estate of the decedent, of
any successor, or the administration of the estate, if approved
in a formal proceeding in the court for that purpose, is binding
on all the parties thereto including those unborn, unascertained
or who could not be located. An approved compromise is binding
even though it may affect a trust or an inalienable interest.
HIST: 1974 c 442 art 3 s 524.3-1101; 1975 c 347 s 68
==524.3-1102
524.3-1102 Procedure for securing court approval of
compromise.
The procedure for securing court approval of a compromise
is as follows:
(1) The terms of the compromise shall be set forth in an
agreement in writing which shall be executed by all competent
persons and parents acting for any minor child having beneficial
interests or having claims which will or may be affected by the
compromise. Execution is not required by any person whose
identity cannot be ascertained or whose whereabouts is unknown
and cannot reasonably be ascertained.
(2) Any interested person, including the personal
representative or a trustee, then may submit the agreement to
the court for its approval and for execution by the personal
representative, the trustee of every affected testamentary
trust, and other fiduciaries and representatives.
(3) After notice to all interested persons or their
representatives, including the personal representative of the
estate and all affected trustees of trusts, the court, if it
finds that the contest or controversy is in good faith and that
the effect of the agreement upon the interests of persons
represented by fiduciaries or other representatives is just and
reasonable, shall make an order approving the agreement and
directing all fiduciaries under its supervision to execute the
agreement. Minor children represented only by their parents may
be bound only if their parents join with other competent persons
in execution of the compromise. Upon the making of the order
and the execution of the agreement, all further disposition of
the estate is in accordance with the terms of the agreement.
HIST: 1974 c 442 art 3 s 524.3-1102
==524.3-1201
524.3-1201 Collection of personal property by affidavit.
(a) Thirty days after the death of a decedent, (i) any
person indebted to the decedent, (ii) any person having
possession of tangible personal property or an instrument
evidencing a debt, obligation, stock, or chose in action
belonging to the decedent, or (iii) any safe deposit company, as
defined in section 55.01, controlling the right of access to
decedent's safe deposit box shall make payment of the
indebtedness or deliver the tangible personal property or an
instrument evidencing a debt, obligation, stock, or chose in
action or deliver the entire contents of the safe deposit box to
a person claiming to be the successor of the decedent, or a
state or county agency with a claim authorized by section
256B.15, upon being presented a certified death record of the
decedent and an affidavit, in duplicate, made by or on behalf of
the successor stating that:
(1) the value of the entire probate estate, determined as
of the date of death, wherever located, including specifically
any contents of a safe deposit box, less liens and encumbrances,
does not exceed $20,000;
(2) 30 days have elapsed since the death of the decedent
or, in the event the property to be delivered is the contents of
a safe deposit box, 30 days have elapsed since the filing of an
inventory of the contents of the box pursuant to section 55.10,
paragraph (h);
(3) no application or petition for the appointment of a
personal representative is pending or has been granted in any
jurisdiction;
(4) if presented, by a state or county agency with a claim
authorized by section 256B.15, to a financial institution with a
multiple-party account in which the decedent had an interest at
the time of death, the amount of the affiant's claim and a good
faith estimate of the extent to which the decedent was the
source of funds or beneficial owner of the account; and
(5) the claiming successor is entitled to payment or
delivery of the property.
(b) A transfer agent of any security shall change the
registered ownership on the books of a corporation from the
decedent to the successor or successors upon the presentation of
an affidavit as provided in subsection (a).
(c) The claiming successor or state or county agency shall
disburse the proceeds collected under this section to any person
with a superior claim under section 524.2-403 or 524.3-805.
(d) A motor vehicle registrar shall issue a new certificate
of title in the name of the successor upon the presentation of
an affidavit as provided in subsection (a).
(e) The person controlling access to decedent's safe
deposit box need not open the box or deliver the contents of the
box if:
(1) the person has received notice of a written or oral
objection from any person or has reason to believe that there
would be an objection; or
(2) the lessee's key or combination is not available.
HIST: 1974 c 442 art 3 s 524.3-1201; 1976 c 161 s 13; 1977 c
159 s 1; 1978 c 741 s 9; 1984 c 655 art 1 s 74; 1987 c 403 art 2
s 151; 1991 c 11 s 1; 1992 c 461 art 1 s 2; 1995 c 130 s 18;
1997 c 217 art 2 s 18; 3Sp1997 c 3 s 13; 1Sp2001 c 9 art 15 s
32; 2002 c 347 s 3
==524.3-1202
524.3-1202 Effect of affidavit.
The person paying, delivering, transferring, or issuing
personal property or the evidence thereof pursuant to an
affidavit meeting the requirements of section 524.3-1201 is
discharged and released to the same extent as if the person
dealt with a personal representative of the decedent. The
person is not required to see to the application of the personal
property or evidence thereof or to inquire into the truth of any
statement in the affidavit. In particular, the person
delivering the contents of a safe deposit box is not required to
inquire into the value of the contents of the box and is
authorized to rely solely upon the representation in the
affidavit concerning the value of the entire probate estate. If
any person to whom an affidavit is delivered refuses to pay,
deliver, transfer, or issue any personal property or evidence
thereof, it may be recovered or its payment, delivery, transfer,
or issuance compelled upon proof of their right in a proceeding
brought for the purpose by or on behalf of the persons entitled
thereto. Any person to whom payment, delivery, transfer or
issuance is made is answerable and accountable therefor to any
personal representative of the estate or to any other person
having a superior right.
HIST: 1974 c 442 art 3 s 524.3-1202; 1978 c 741 s 10; 1Sp1985
c 14 art 13 s 13; 1986 c 444; 1995 c 130 s 19
==524.3-1203
524.3-1203 Summary proceedings.
Subdivision 1. Petition and payment. Upon petition
of an interested person, the court, with or without notice, may
determine that the decedent had no estate, or that the property
has been destroyed, abandoned, lost, or rendered valueless, and
that no recovery has been had nor can be had for it, or if there
is no property except property recovered for death by wrongful
act, property that is exempt from all debts and charges in the
probate court, or property that may be appropriated for the
payment of the property selection as provided in section
524.2-403, the allowances to the spouse and children mentioned
in section 524.2-404, and the expenses and claims provided in
section 524.3-805, paragraph (a), clauses (1) to (6), inclusive,
the personal representative by order of the court may pay the
estate in the order named. The court may then, with or without
notice, summarily determine the heirs, legatees, and devisees in
its final decree or order of distribution assigning to them
their share or part of the property with which the personal
representative is charged.
Subd. 2. Final decree or order. If upon hearing of a
petition for summary assignment or distribution, for special
administration, or for any administration, or for the probate of
a will, the court determines that there is no need for the
appointment of a representative and that the administration
should be closed summarily for the reason that all of the
property in the estate is exempt from all debts and charges in
the probate court, a final decree or order of distribution may
be entered, with or without notice, assigning that property to
the persons entitled to it under the terms of the will, or if
there is no will, under the law of intestate succession in force
at the time of the decedent's death.
Subd. 3. Summary distribution. Summary distribution
may be made under this section in any proceeding of any real,
personal, or other property in kind in reimbursement or payment
of the property selection as provided in section 524.2-403, the
allowances to the spouse and children mentioned in section
524.2-404, and the expenses and claims provided in section
524.3-805, paragraph (a), clauses (1) to (6), inclusive, in the
order named, if the court is satisfied as to the propriety of
the distribution and as to the valuation, based upon appraisal
in the case of real estate other than homestead, of the property
being assigned to exhaust the assets of the estate.
Subd. 4. Personal representative. Summary
proceedings may be had with or without the appointment of a
personal representative. In all summary proceedings in which no
personal representative is appointed, the court may require the
petitioner to file a corporate surety bond in an amount fixed
and approved by the court. The condition of the bond must be
that the petitioner has made a full, true, and correct
disclosure of all the facts related in the petition and will
perform the terms of the decree or order of distribution issued
pursuant to the petition. Any interested person suffering
damages as a result of misrepresentation or negligence of the
petitioner in stating facts in the petition pursuant to which an
improper decree or order of distribution is issued, or the terms
of the decree or order of distribution are not performed by the
petitioner as required, has a cause of action against the
petitioner and the surety to recover those damages in the court
in which the proceeding took place. That court has jurisdiction
of the cause of action.
Subd. 5. Exhaustion of estate. In any summary,
special, or other administration in which it appears that the
estate will not be exhausted in payment of the priority items
enumerated in subdivisions 1 to 4, the estate may nevertheless
be summarily closed without further notice, and the property
assigned to the proper persons, if the gross probate estate,
exclusive of any exempt homestead as defined in section
524.2-402, and any exempt property as defined in section
524.2-403, does not exceed the value of $100,000. If the
closing and distribution of assets is made pursuant to the terms
of a will, no decree shall issue until a hearing has been held
for formal probate of the will as provided in sections 524.3-401
to 524.3-413.
No summary closing of an estate shall be made to any
distributee under this subdivision, unless a showing is made by
the personal representative or the petitioner, that all property
selected by and allowances to the spouse and children as
provided in section 524.2-403 and the expenses and claims
provided in section 524.3-805 have been paid, and provided,
further, that a bond shall be filed by the personal
representative or the petitioner, conditioned upon the fact that
all such obligations have been paid and that all the facts shown
on the petition are true, with sufficient surety approved by the
court in an amount as may be fixed by the court to cover
potential improper distributions. If a personal representative
is appointed, the representative's bond shall be sufficient for
such purpose unless an additional bond is ordered, and the
sureties on the bond shall have the same obligations and
liabilities as provided for sureties on a distribution bond.
In the event that an improper distribution or disbursement
is made in a summary closing, in that not all of said
obligations have been paid or that other facts as shown by the
personal representative or the petitioner, are not true,
resulting in damage to any party, the court may vacate its
summary decree or closing order, and the petitioner or the
personal representative, together with the surety, shall be
liable for damages to any party determined to be injured thereby
as herein provided. The personal representative, petitioner, or
the surety, may seek reimbursement for damages so paid or
incurred from any distributee or recipient of assets under
summary decree or order, who shall be required to make a
contribution to cover such damages upon a pro rata basis or as
may be equitable to the extent of assets so received. The court
is hereby granted complete and plenary jurisdiction of any and
all such proceedings and may enter such orders and judgments as
may be required to effectuate the purposes of this subdivision.
Any judgment rendered for damages or the recovery of assets
in such proceedings shall be upon petition and only after
hearing held thereon on 14 days' notice of hearing and a copy of
petition served personally upon the personal representative and
the surety and upon any distributee or recipient of assets where
applicable. Any action for the recovery of money or damages
under this subdivision is subject to the time and other
limitations imposed by section 525.02.
HIST: 1974 c 442 art 3 s 524.3-1203; 1975 c 347 s 69; 1995 c
130 s 20; 2000 c 362 s 3
==524.3-1204
524.3-1204 Small estates; closing by sworn statement of
personal representative.
(a) Unless prohibited by order of the court and except for
estates being administered by supervised personal
representatives, a personal representative may close an estate
administered under the summary procedures of section 524.3-1203
by filing with the court, at any time after disbursement and
distribution of the estate, a statement stating that:
(1) to the best knowledge of the personal representative,
the entire estate, less liens and encumbrances, did not exceed
an exempt homestead as provided for in section 524.2-402, the
allowances provided for in sections 524.2-403 and 524.2-404,
costs and expenses of administration, reasonable funeral
expenses, and reasonable, necessary medical and hospital
expenses of the last illness of the decedent;
(2) the personal representative has fully administered the
estate by disbursing and distributing it to the persons entitled
thereto; and
(3) the personal representative has sent a copy of the
closing statement to all distributees of the estate and to all
creditors or other known claimants whose claims are neither paid
nor barred and has furnished a full account in writing of the
personal representative's administration to the distributees
whose interests are affected.
(b) If no actions or proceedings involving the personal
representative are pending in the court one year after the
closing statement is filed, the appointment of the personal
representative terminates.
(c) A closing statement filed under this section has the
same effect as one filed under section 524.3-1003.
HIST: 1974 c 442 art 3 s 524.3-1204; 1975 c 347 s 70; 1976 c
161 s 14; 1986 c 444; 1996 c 305 art 1 s 114
==524.3-201
524.3-201 Venue for first and subsequent estate
proceedings; location of property.
(a) Venue for the first informal or formal testacy or
appointment proceedings after a decedent's death is:
(1) in the county of the decedent's domicile at the time of
death; or
(2) if the decedent was not domiciled in this state, in any
county where property of the decedent was located at the time of
death.
(b) Venue for all subsequent proceedings within the
exclusive jurisdiction of the court is in the place where the
initial proceeding occurred, unless the initial proceeding has
been transferred as provided in section 524.1-303 or (c) of this
section.
(c) If the first proceeding was informal, on application of
an interested person and after notice to the proponent in the
first proceeding, the court, upon finding that venue is
elsewhere, may transfer the proceeding and the file to the other
court.
(d) For the purpose of aiding determinations concerning
location of assets which may be relevant in cases involving
nondomiciliaries, a debt, other than one evidenced by investment
or commercial paper or other instrument in favor of a
nondomiciliary, is located where the debtor resides or, if the
debtor is a person other than an individual, at the place where
it has its principal office. Commercial paper, investment paper
and other instruments are located where the instrument is. An
interest in property held in trust is located where the trustee
may be sued.
HIST: 1974 c 442 art 3 s 524.3-201; 1986 c 444
==524.3-202
524.3-202 Appointment or testacy proceedings;
conflicting claim of domicile in another state.
If conflicting claims as to the domicile of a decedent are
made in a formal testacy or appointment proceeding commenced in
this state, and in a testacy or appointment proceeding after
notice pending at the same time in another state, the court of
this state must stay, dismiss, or permit suitable amendment in,
the proceeding here unless it is determined that the local
proceeding was commenced before the proceeding elsewhere. The
determination of domicile in the proceeding first commenced must
be accepted as determinative in the proceeding in this state.
HIST: 1974 c 442 art 3 s 524.3-202
==524.3-203
524.3-203 Priority among persons seeking appointment as
personal representative.
(a) Whether the proceedings are formal or informal, persons
who are not disqualified have priority for appointment in the
following order:
(1) the person with priority as determined by a probated
will including a person nominated by a power conferred in a
will;
(2) the surviving spouse of the decedent who is a devisee
of the decedent;
(3) other devisees of the decedent;
(4) the surviving spouse of the decedent;
(5) other heirs of the decedent;
(6) 45 days after the death of the decedent, any creditor.
(b) An objection to an appointment can be made only in
formal proceedings. In case of objection the priorities stated
in (a) apply except that
(1) if the estate appears to be more than adequate to meet
exemptions and costs of administration but inadequate to
discharge anticipated unsecured claims, the court, on petition
of creditors, may appoint any qualified person;
(2) in case of objection to appointment of a person other
than one whose priority is determined by will by an heir or
devisee appearing to have a substantial interest in the estate,
the court may appoint a person who is acceptable to heirs and
devisees whose interests in the estate appear to be worth in
total more than half of the probable distributable value, or, in
default of this accord any suitable person.
(c) A person entitled to letters under (2) to (5) of (a)
above may nominate a qualified person to act as personal
representative. Any person aged 18 and over may renounce the
right to nominate or to an appointment by appropriate writing
filed with the court. When two or more persons share a
priority, those of them who do not renounce must concur in
nominating another to act for them, or in applying for
appointment.
(d) Conservators of the estates of protected persons, or if
there is no conservator, any guardian except a guardian ad litem
of a minor or incapacitated person, may exercise the same right
to nominate, to object to another's appointment, or to
participate in determining the preference of a majority in
interest of the heirs and devisees that the protected person or
ward would have if qualified for appointment.
(e) Appointment of one who does not have priority,
including priority resulting from disclaimer, renunciation or
nomination determined pursuant to this section, may be made only
in formal proceedings. Before appointing one without priority,
the court must determine that those having priority, although
given notice of the proceedings, have failed to request
appointment or to nominate another for appointment, and that
administration is necessary.
(f) No person is qualified to serve as a personal
representative who is:
(1) under the age of 18;
(2) a person whom the court finds unsuitable in formal
proceedings;
(g) A personal representative appointed by a court of the
decedent's domicile has priority over all other persons except
as provided in (b)(1) or where the decedent's will nominates
different persons to be personal representative in this state
and in the state of domicile. The domiciliary personal
representative may nominate another, who shall have the same
priority as the domiciliary personal representative.
(h) This section governs priority for appointment of a
successor personal representative but does not apply to the
selection of a special administrator.
HIST: 1974 c 442 art 3 s 524.3-203; 1975 c 347 s 29; 1986 c
444
==524.3-204
524.3-204 Demand for notice of order or filing
concerning decedent's estate.
Any person desiring notice of any order or filing
pertaining to a decedent's estate in which the person has a
financial or property interest, may file a demand for notice
with the court at any time after the death of the decedent
stating the name of the decedent, the nature of the interest in
the estate, and the demandant's address or that of the
demandant's attorney. The court administrator shall mail a copy
of the demand to the personal representative if one has been
appointed. After filing of a demand, no personal representative
or other person shall apply to the court for an order or filing
to which the demand relates unless demandant or the demandant's
attorney is given notice thereof at least 14 days before the
date of such order or filing, except that this requirement shall
not apply to any order entered or petition filed in any formal
proceeding. Such notice shall be given by delivery of a copy
thereof to the person being notified or by mailing a copy
thereof by certified, registered or ordinary first class mail
addressed to the person at the post office address given in the
demand or at the person's office or place of residence, if known.
The court for good cause shown may provide for a different
method or time of giving such notice and proof thereof shall be
made on or before the making or acceptance of such order or
filing and filed in the proceeding. The validity of an order
which is issued or filing which is accepted without compliance
with this requirement shall not be affected by the error, but
the petitioner receiving the order or the person making the
filing may be liable for any damage caused by the absence of
notice. The requirement of notice arising from a demand under
this provision may be waived in writing by the demandant and
shall cease upon the termination of the demandant's interest in
the estate.
HIST: 1974 c 442 art 3 s 524.3-204; 1975 c 347 s 30; 1986 c
444; 1Sp1986 c 3 art 1 s 82
==524.3-301
524.3-301 Informal probate or appointment proceedings;
application; contents.
An informal probate proceeding is an informal proceeding
for the probate of decedent's will with or without an
application for informal appointment. An informal appointment
proceeding is an informal proceeding for appointment of a
personal representative in testate or intestate estates. These
proceedings may be combined in a single proceeding.
Applications for informal probate or informal appointment shall
be directed to the registrar, and verified by the applicant, in
accordance with section 524.1-310, to be accurate and complete
to the best of applicant's knowledge and belief as to the
following information:
(1) Every application for informal probate of a will or for
informal appointment of a personal representative, other than a
special or successor representative, shall contain the following:
(i) a statement of the interest of the applicant;
(ii) the name, social security number, birthdate, and date
of death of the decedent, and the county and state of the
decedent's domicile at the time of death, and the names and
addresses of the spouse, children, heirs, and devisees and the
ages of any who are minors so far as known or ascertainable with
reasonable diligence by the applicant;
(iii) if the decedent was not domiciled in the state at the
time of death, a statement showing venue;
(iv) a statement identifying and indicating the address of
any personal representative of the decedent appointed in this
state or elsewhere whose appointment has not been terminated;
(v) a statement indicating whether the applicant has
received a demand for notice, or is aware of any demand for
notice of any probate or appointment proceeding concerning the
decedent that may have been filed in this state or elsewhere.
(2) An application for informal probate of a will shall
state the following in addition to the statements required by
(1):
(i) that the original of the decedent's last will is in the
possession of the court, or accompanies the application, or that
an authenticated copy of a will probated in another jurisdiction
accompanies the application;
(ii) that the applicant, to the best of the applicant's
knowledge, believes the will to have been validly executed;
(iii) that after the exercise of reasonable diligence, the
applicant is unaware of any instrument revoking the will, and
that the applicant believes that the instrument which is the
subject of the application is the decedent's last will;
(iv) that the time limit for informal probate as provided
in this article has not expired either because three years or
less have passed since the decedent's death, or, if more than
three years from death have passed, that circumstances as
described by section 524.3-108 authorizing tardy probate have
occurred.
(3) An application for informal appointment of a personal
representative to administer an estate under a will shall
describe the will by date of execution and state the time and
place of probate or the pending application or petition for
probate. The application for appointment shall adopt the
statements in the application or petition for probate and state
the name, address and priority for appointment of the person
whose appointment is sought.
(4) An application for informal appointment of an
administrator in intestacy shall state in addition to the
statements required by (1):
(i) that after the exercise of reasonable diligence, the
applicant is unaware of any unrevoked testamentary instrument
relating to property having a situs in this state under section
524.1-301, or, a statement why any such instrument of which the
applicant may be aware is not being probated;
(ii) the priority of the person whose appointment is sought
and the names of any other persons having a prior or equal right
to the appointment under section 524.3-203.
(5) An application for appointment of a personal
representative to succeed a personal representative appointed
under a different testacy status shall refer to the order in the
most recent testacy proceeding, state the name and address of
the person whose appointment is sought and of the person whose
appointment will be terminated if the application is granted,
and describe the priority of the applicant.
(6) An application for appointment of a personal
representative to succeed a personal representative who has
tendered a resignation as provided in section 524.3-610(c), or
whose appointment has been terminated by death or removal, shall
adopt the statements in the application or petition which led to
the appointment of the person being succeeded except as
specifically changed or corrected, state the name and address of
the person who seeks appointment as successor, and describe the
priority of the applicant.
HIST: 1974 c 442 art 3 s 524.3-301; 1975 c 347 s 31; 1976 c
161 s 4; 1986 c 444; 1990 c 480 art 10 s 11
==524.3-302
524.3-302 Informal probate; duty of registrar; effect of
informal probate.
Upon receipt of an application requesting informal probate
of a will, the registrar, upon making the findings required by
section 524.3-303 shall issue a written statement of informal
probate if at least 120 hours have elapsed since the decedent's
death. Informal probate is conclusive as to all persons until
superseded by an order in a formal testacy proceeding. No
defect in the application or procedure relating thereto which
leads to informal probate of a will renders the probate void.
HIST: 1974 c 442 art 3 s 524.3-302
==524.3-303
524.3-303 Informal probate; proof and findings required.
(a) In an informal proceeding for original probate of a
will, the registrar shall determine whether:
(1) the application is complete;
(2) the applicant has made oath or affirmation that the
statements contained in the application are true to the best of
the applicant's knowledge and belief;
(3) the applicant appears from the application to be an
interested person as defined in section 524.1-201, clause (19);
(4) on the basis of the statements in the application,
venue is proper;
(5) an original, duly executed and apparently unrevoked
will is in the registrar's possession;
(6) any notice required by section 524.3-204 has been
given; and
(7) it appears from the application that the time limit for
original probate has not expired.
(b) The application shall be denied if it indicates that a
personal representative has been appointed in another county of
this state or except as provided in subsection (d), if it
appears that this or another will of the decedent has been the
subject of a previous probate order.
(c) A will which appears to have the required signatures
and which contains an attestation clause showing that
requirements of execution under section 524.2-502 or 524.2-506
have been met shall be probated without further proof. In other
cases, the registrar may assume execution if the will appears to
have been properly executed, or the registrar may accept a sworn
statement or affidavit of any person having knowledge of the
circumstances of execution, whether or not the person was a
witness to the will.
(d) Informal probate of a will which has been previously
probated elsewhere may be granted at any time upon written
application by any interested person, together with deposit of
an authenticated copy of the will and of the statement probating
it from the office or court where it was first probated.
(e) A will from a place which does not provide for probate
of a will after death and which is not eligible for probate
under subsection (a), may be probated in this state upon receipt
by the registrar of a duly authenticated copy of the will and a
duly authenticated certificate of its legal custodian that the
copy filed is a true copy and that the will has become operative
under the law of the other place.
HIST: 1974 c 442 art 3 s 524.3-303; 1975 c 347 s 32; 1979 c 50
s 68; 1986 c 444; 1992 c 423 s 3
==524.3-304
524.3-304 Repealed, 1975 c 347 s 144
==524.3-305
524.3-305 Informal probate; registrar not satisfied.
If the registrar is not satisfied that a will is entitled
to be probated in informal proceedings because of failure to
meet the requirements of section 524.3-303 or any other reason,
the registrar may decline the application. A declination of
informal probate is not an adjudication and does not preclude
formal probate proceedings.
HIST: 1974 c 442 art 3 s 524.3-305; 1975 c 347 s 33; 1986 c
444
==524.3-306
524.3-306 Informal probate; notice requirements.
The moving party must give notice as described by section
524.1-401 of application for informal probate (1) to any person
demanding it pursuant to section 524.3-204; and (2) to any
personal representative of the decedent whose appointment has
not been terminated. Upon issuance of the written statement by
the registrar pursuant to section 524.3-302, notice of the
informal probate proceedings, in the form prescribed by court
rule, shall be given under the direction of the court
administrator by publication once a week for two consecutive
weeks in a legal newspaper in the county where the application
is filed and by mailing a copy of the notice by ordinary first
class mail to all interested persons, other than creditors.
Further if the decedent was born in a foreign country or left
heirs or devisees in any foreign country, notice shall be given
to the consul or other representative of such country, if the
representative resides in this state and has filed a copy of
appointment with the secretary of state. The secretary of state
shall forward any notice received to the appropriate consul
residing in Minnesota and on file with that office.
HIST: 1974 c 442 art 3 s 524.3-306; 1975 c 347 s 34; 1978 c
525 s 13; 1984 c 615 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82
==524.3-307
524.3-307 Informal appointment proceedings; delay in
order; duty of registrar; effect of appointment.
(a) Upon receipt of an application for informal appointment
of a personal representative other than a special administrator
as provided in section 524.3-614, if at least 120 hours have
elapsed since the decedent's death, the registrar, after making
the findings required by section 524.3-308, shall appoint the
applicant subject to qualification and acceptance; provided,
that if the decedent was a nonresident, the registrar shall
delay the order of appointment until 30 days have elapsed since
death unless the personal representative appointed at the
decedent's domicile is the applicant, or unless the decedent's
will directs that the estate be subject to the laws of this
state.
(b) The status of personal representative and the powers
and duties pertaining to the office are fully established by
informal appointment. An appointment, and the office of
personal representative created thereby, is subject to
termination as provided in sections 524.3-608 to 524.3-612, but
is not subject to retroactive vacation.
HIST: 1974 c 442 art 3 s 524.3-307; 1986 c 444
==524.3-308
524.3-308 Informal appointment proceedings; proof and
findings required.
(a) In informal appointment proceedings, the registrar must
determine whether:
(1) the application for informal appointment of a personal
representative is complete;
(2) the applicant has made oath or affirmation that the
statements contained in the application are true to the best of
the applicant's knowledge and belief;
(3) the applicant appears from the application to be an
interested person as defined in section 524.1-201, clause (19);
(4) on the basis of the statements in the application,
venue is proper;
(5) any will to which the requested appointment relates has
been formally or informally probated; but this requirement does
not apply to the appointment of a special administrator;
(6) any notice required by section 524.3-204 has been
given;
(7) from the statements in the application, the person
whose appointment is sought has a priority entitlement to the
appointment.
(b) Unless section 524.3-612 controls, the application must
be denied if it indicates that a personal representative who has
not filed a written statement of resignation as provided in
section 524.3-610(c) has been appointed in this or another
county of this state, that, unless the applicant is the
domiciliary personal representative or the representative's
nominee, the decedent was not domiciled in this state and that a
personal representative whose appointment has not been
terminated has been appointed by a court in the state of
domicile, or that other requirements of this section have not
been met.
HIST: 1974 c 442 art 3 s 524.3-308; 1986 c 444; 1992 c 423 s 4
==524.3-309
524.3-309 Informal appointment proceedings; registrar
not satisfied.
If the registrar is not satisfied that a requested informal
appointment of a personal representative should be made because
of failure to meet the requirements of sections 524.3-307 and
524.3-308, or for any other reason, the registrar may decline
the application. A declination of informal appointment is not
an adjudication and does not preclude appointment in formal
proceedings.
HIST: 1974 c 442 art 3 s 524.3-309; 1986 c 444
==524.3-310
524.3-310 Informal appointment proceedings; notice
requirements.
The moving party must give notice as described by section
524.1-401 of an intention to seek an appointment informally; (1)
to any person demanding it pursuant to section 524.3-204; and
(2) to any person having a prior or equal right to appointment
not waived in writing and filed with the court. Notice of the
appointment of the personal representative shall be given under
the direction of the court administrator by publication once a
week for two consecutive weeks in a legal newspaper in the
county where the application is filed and by mailing a copy of
the notice by ordinary first class mail to all interested
persons, other than creditors. The notice, in the form
prescribed by court rule, shall state that any heir, devisee or
other interested person may be entitled to appointment as
personal representative or may object to the appointment of the
personal representative and that the personal representative is
empowered to fully administer the estate including, after 30
days from the date of issuance of letters, the power to sell,
encumber, lease or distribute real estate, unless objections
thereto are filed with the court (pursuant to section 524.3-607)
and the court otherwise orders. Further, if the decedent was
born in a foreign country or left heirs or devisees in any
foreign country, notice shall be given to the consul or other
representative of such country, if the representative resides in
this state and has filed a copy of appointment with the
secretary of state. The secretary of state shall forward any
notice received to the appropriate consul residing in Minnesota
and on file with that office. No defect in any notice nor in
publication or service thereof shall limit or affect the
validity of the appointment, powers, or other duties of the
personal representative.
HIST: 1974 c 442 art 3 s 524.3-310; 1975 c 347 s 35; 1978 c
525 s 14; 1984 c 615 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82
==524.3-311
524.3-311 Informal appointment unavailable in certain
cases.
If an application for informal appointment indicates the
existence of a possible unrevoked will or codicil which may
relate to property subject to the laws of this state, and which
is not filed for probate in this court, the registrar shall
decline the application.
HIST: 1974 c 442 art 3 s 524.3-311; 1975 c 347 s 36
==524.3-401
524.3-401 Formal testacy proceedings; nature; when
commenced.
A formal testacy proceeding is one conducted with notice to
interested persons before a court to establish a will or
determine intestacy. A formal testacy proceeding may be
commenced by an interested person or a personal representative
named in the will filing a petition as described in section
524.3-402(a) in which it is requested that the court, after
notice and hearing, enter an order probating a will, or a
petition to set aside an informal probate of a will or to
prevent informal probate of a will which is the subject of a
pending application, or a petition in accordance with section
524.3-402(b) for an order that the decedent died intestate.
A petition may seek formal probate of a will without regard
to whether the same or a conflicting will has been informally
probated. A formal testacy proceeding may, but need not,
involve a request for appointment of a personal representative.
During the pendency of a formal testacy proceeding, the
registrar shall not act upon any application for informal
probate of any will of the decedent or any application for
informal appointment of a personal representative of the
decedent.
Unless a petition in a formal testacy proceeding also
requests confirmation of the previous informal appointment, a
previously appointed personal representative, after receipt of
notice of the commencement of a formal probate proceeding, shall
refrain from exercising power to make any further distribution
of the estate during the pendency of the formal proceeding. A
petitioner who seeks the appointment of a different personal
representative in a formal proceeding also may request an order
restraining the acting personal representative from exercising
any of the powers of office and requesting the appointment of a
special administrator. In the absence of a request, or if the
request is denied, the commencement of a formal proceeding has
no effect on the powers and duties of a previously appointed
personal representative other than those relating to
distribution.
HIST: 1974 c 442 art 3 s 524.3-401; 1975 c 347 s 37; 1986 c
444
==524.3-402
524.3-402 Formal testacy or appointment proceedings;
petition; contents.
(a) Petitions for formal probate of a will, or for
adjudication of intestacy with or without request for
appointment of a personal representative, shall be directed to
the court, request a judicial order after notice and hearing and
contain further statements as indicated in this section. A
petition for formal probate of a will
(1) requests an order as to the testacy of the decedent in
relation to a particular instrument which may or may not have
been informally probated and determining the heirs,
(2) contains the statements required for informal
applications as stated in the five subparagraphs under section
524.3-301(1), the statements required by subparagraphs (ii) and
(iii) of section 524.3-301(2), and
(3) states whether the original of the last will of the
decedent is in the possession of the court or accompanies the
petition.
If the original will is neither in the possession of the
court nor accompanies the petition and no authenticated copy of
a will probated in another jurisdiction accompanies the
petition, the petition also shall state the contents of the
will, and indicate that it is lost, destroyed, or otherwise
unavailable.
(b) A petition for adjudication of intestacy and
appointment of an administrator in intestacy shall request a
judicial finding and order that the decedent left no will and
determining the heirs, contain the statements required by (1)
and (4) of section 524.3-301 and indicate whether supervised
administration is sought. A petition may request an order
determining intestacy and heirs without requesting the
appointment of an administrator, in which case, the statements
required by subparagraph (ii) of section 524.3-301(4) may be
omitted.
HIST: 1974 c 442 art 3 s 524.3-402; 1975 c 347 s 38
==524.3-403
524.3-403 Formal testacy proceeding; notice of hearing
on petition.
(a) Upon commencement of a formal testacy proceeding, the
court shall fix a time and place of hearing. Notice, in the
form prescribed by court rule, shall be given in the manner
prescribed by section 524.1-401 by the petitioner to the persons
herein enumerated and to any additional person who has filed a
demand for notice under section 524.3-204. The petitioner,
having reason to believe that the will has been lost or
destroyed, shall include a statement to that effect in the
notice.
Notice shall be given to the following persons: the
surviving spouse, children, and other heirs of the decedent, the
devisees and personal representatives named in any will that is
being or has been probated, or offered for informal or formal
probate in the county, or that is known by the petitioner to
have been probated, or offered for informal or formal probate
elsewhere, and any personal representative of the decedent whose
appointment has not been terminated. Notice of the hearing, in
the form prescribed by court rule, shall also be given under the
direction of the court administrator by publication once a week
for two consecutive weeks in a legal newspaper in the county
where the hearing is to be held, the last publication of which
is to be at least ten days before the time set for hearing.
If the decedent was born in a foreign country or has heirs
or devisees in a foreign country, notice of a formal testacy
proceeding shall be given to the consul of that country, if the
consul resides in this state and has filed a copy of the
appointment with the secretary of state. Any notice received by
the secretary of state shall be forwarded to the appropriate
consul.
(b) If it appears by the petition or otherwise that the
fact of the death of the alleged decedent may be in doubt, the
court shall direct the petitioner to proceed in the manner
provided in chapter 576.
HIST: 1974 c 442 art 3 s 524.3-403; 1975 c 347 s 39; 1981 c
161 s 1; 1984 c 615 s 3; 1986 c 444; 1Sp1986 c 3 art 1 s 82
==524.3-404
524.3-404 Formal testacy proceedings; written objections
to probate.
Any party to a formal proceeding who opposes the probate of
a will for any reason shall state in pleadings the objections to
probate of the will.
HIST: 1974 c 442 art 3 s 524.3-404; 1986 c 444
==524.3-405
524.3-405 Formal testacy proceedings; uncontested cases;
hearings and proof.
If a petition in a testacy proceeding is unopposed, the
court may order probate or intestacy on the strength of the
pleadings if satisfied that the conditions of section 524.3-409
have been met, or conduct a hearing in open court and require
proof of the matters necessary to support the order sought. If
evidence concerning execution of the will is necessary, the
affidavit or testimony of one of any attesting witnesses to the
instrument is sufficient. If the affidavit or testimony of an
attesting witness is not available, execution of the will may be
proved by other evidence or affidavit.
HIST: 1974 c 442 art 3 s 524.3-405
==524.3-406
524.3-406 Formal testacy proceedings; contested cases;
testimony of attesting witnesses.
(a) If evidence concerning execution of an attested will
which is not self-proved is necessary in contested cases, the
testimony of at least one of the attesting witnesses, if within
the state competent and able to testify, is required. Due
execution of a will may be proved by other evidence.
(b) If the will is self-proved, compliance with signature
requirements for execution is conclusively presumed and other
requirements of execution are presumed subject to rebuttal
without the testimony of any witness upon filing the will and
the acknowledgment and affidavits annexed or attached thereto,
unless there is proof of fraud or forgery affecting the
acknowledgment or affidavit.
HIST: 1974 c 442 art 3 s 524.3-406; 1975 c 347 s 40
==524.3-407
524.3-407 Formal testacy proceedings; burdens in
contested cases.
In contested cases, petitioners who seek to establish
intestacy have the burden of establishing prima facie proof of
death, venue and heirship. Proponents of a will have the burden
of establishing prima facie proof of due execution in all cases,
and, if they are also petitioners, prima facie proof of death
and venue. Contestants of a will have the burden of
establishing lack of testamentary intent or capacity, undue
influence, fraud, duress, mistake or revocation. Parties have
the ultimate burden of persuasion as to matters with respect to
which they have the initial burden of proof. If a will is
opposed by the petition for probate of a later will revoking the
former, it shall be determined first whether the later will is
entitled to probate, and if a will is opposed by a petition for
a declaration of intestacy, it shall be determined first whether
the will is entitled to probate.
HIST: 1974 c 442 art 3 s 524.3-407
==524.3-408
524.3-408 Formal testacy proceedings; will construction;
effect of final order in another jurisdiction.
A final order of a court of another state determining
testacy, the validity or construction of a will, made in a
proceeding involving notice to and an opportunity for contest by
all interested persons must be accepted as determinative by the
courts of this state if it includes, or is based upon, a finding
that the decedent was domiciled at death in the state where the
order was made.
HIST: 1974 c 442 art 3 s 524.3-408; 1986 c 444
==524.3-409
524.3-409 Formal testacy proceedings; order; foreign
will.
After the time required for any notice has expired, upon
proof of notice, and after any hearing that may be necessary, if
the court finds that the testator is dead, venue is proper and
that the proceeding was commenced within the limitation
prescribed by section 524.3-108, it shall determine the
decedent's domicile at death, and decedent's heirs and state of
testacy. Any will found to be valid and unrevoked shall be
formally probated. Termination of any previous informal
appointment of a personal representative, which may be
appropriate in view of the relief requested and findings, is
governed by section 524.3-612. A will from a place which does
not provide for probate of a will after death, may be proved for
probate in this state by a duly authenticated certificate of its
legal custodian that the copy introduced is a true copy and that
the will has become effective under the law of the other place.
HIST: 1974 c 442 art 3 s 524.3-409; 1975 c 347 s 41; 1986 c
444
==524.3-410
524.3-410 Formal testacy proceedings; probate of more
than one instrument.
If two or more instruments are offered for probate before a
final order is entered in a formal testacy proceeding, more than
one instrument may be probated if neither expressly revokes the
other or contains provisions which work a total revocation by
implication. If more than one instrument is probated, the order
shall indicate what provisions control in respect to the
nomination of an executor, if any. The order may, but need not,
indicate how any provisions of a particular instrument are
affected by the other instrument. After a final order in a
testacy proceeding has been entered, no petition for probate of
any other instrument of the decedent may be entertained, except
incident to a petition to vacate or modify a previous probate
order and subject to the time limits of section 524.3-412.
HIST: 1974 c 442 art 3 s 524.3-410
==524.3-411
524.3-411 Formal testacy proceedings; partial intestacy.
If it becomes evident in the course of a formal testacy
proceeding that, though one or more instruments are entitled to
be probated, the decedent's estate is or may be partially
intestate, the court shall enter an order to that effect.
HIST: 1974 c 442 art 3 s 524.3-411
==524.3-412
524.3-412 Formal testacy proceedings; effect of order;
vacation.
Subject to appeal and subject to vacation as provided
herein and in section 524.3-413, a formal testacy order under
sections 524.3-409 to 524.3-411, including an order that the
decedent left no valid will and determining heirs, is final as
to all persons with respect to all issues concerning the
decedent's estate that the court considered or might have
considered incident to its rendition relevant to the question of
whether the decedent left a valid will, and to the determination
of heirs, except that:
(1) The court shall entertain a petition for modification
or vacation of its order and probate of another will of the
decedent if it is shown that the proponents of the later-offered
will were unaware of its existence at the time of the earlier
proceeding or were unaware of the earlier proceeding and were
given no notice thereof, except by publication.
(2) If intestacy of all or part of the estate has been
ordered, the determination of heirs of the decedent may be
reconsidered if it is shown that one or more persons were
omitted from the determination and it is also shown that the
persons were unaware of their relationship to the decedent, were
unaware of the death or were given no notice of any proceeding
concerning the estate, except by publication.
(3) A petition for vacation under either (1) or (2) must be
filed prior to the earlier of the following time limits:
(i) If a personal representative has been appointed for the
estate, the time of entry of any order approving final
distribution of the estate, or, if the estate is closed by
statement, six months after the filing of the closing statement.
(ii) Whether or not a personal representative has been
appointed for the estate of the decedent, the time prescribed by
section 524.3-108 when it is no longer possible to initiate an
original proceeding to probate a will of the decedent.
(iii) 12 months after the entry of the order sought to be
vacated.
(4) The order originally rendered in the testacy proceeding
may be modified or vacated, if appropriate under the
circumstances, by the order of probate of the later-offered will
or the order redetermining heirs.
HIST: 1974 c 442 art 3 s 524.3-412; 1975 c 347 s 42; 1986 c
444
==524.3-413
524.3-413 Formal testacy proceedings; vacation of order
for other cause and modification of orders, judgments, and
decrees.
For good cause shown, an order, judgment or decree in a
formal proceeding may be modified or vacated within the time
limits and upon the grounds stated in section 525.02, except
that the same may be modified to include omitted property or to
correct a description at any time, as hereinafter provided.
Whenever real or personal property or any interest therein
has been omitted from probate proceedings, from a deed or
transfer of distribution, a decree of distribution, or an order
for distribution, or has been incorrectly described therein, any
person interested in the estate or claiming an interest in such
property may petition the probate court of the county in which
such proceedings were had for a decree to determine its descent
and to assign it to the persons entitled thereto, or to amend
the deed or transfer of distribution, decree of distribution, or
order of distribution to include such omitted property, or to
correct the description, with or without notice. No order or
decree of omitted property shall be entered under this section
until any inheritance taxes due are paid or the court finds
there are no taxes due.
HIST: 1974 c 442 art 3 s 524.3-413; 1975 c 347 s 43
==524.3-414
524.3-414 Formal proceedings concerning appointment of
personal representative.
(a) A formal proceeding for adjudication regarding the
priority or qualification of one who is an applicant for
appointment as personal representative, or of one who previously
has been appointed personal representative in informal
proceedings, if an issue concerning the testacy of the decedent
is or may be involved, is governed by section 524.3-402, as well
as by this section. In other cases, the petition shall contain
or adopt the statements required by section 524.3-301(1) and
describe the question relating to priority or qualification of
the personal representative which is to be resolved. If the
proceeding precedes any appointment of a personal
representative, it shall stay any pending informal appointment
proceedings as well as any commenced thereafter. If the
proceeding is commenced after appointment, the previously
appointed personal representative, after receipt of notice
thereof, shall refrain from exercising any power of
administration except as necessary to preserve the estate or
unless the court orders otherwise.
(b) After notice to interested persons, including all
persons interested in the administration of the estate as
successors under the applicable assumption concerning testacy,
any previously appointed personal representative and any person
having or claiming priority for appointment as personal
representative, the court shall determine who is entitled to
appointment under section 524.3-203, make a proper appointment
and, if appropriate, terminate any prior appointment found to
have been improper as provided in cases of removal under section
524.3-611.
HIST: 1974 c 442 art 3 s 524.3-414
==524.3-501
524.3-501 Supervised administration; nature of
proceeding.
Supervised administration is a single in rem proceeding to
secure complete administration and settlement of a decedent's
estate under the continuing authority of the court which extends
until entry of an order approving distribution of the estate and
discharging the personal representative or other order
terminating the proceeding. A supervised personal
representative is responsible to the court, as well as to the
interested parties, and is subject to directions concerning the
estate made by the court on its own motion or on the motion of
any interested party. Except as otherwise provided in this
part, or as otherwise ordered by the court, a supervised
personal representative has the same duties and powers as a
personal representative who is not supervised.
HIST: 1974 c 442 art 3 s 524.3-501
==524.3-502
524.3-502 Supervised administration; petition; order.
A petition for supervised administration may be filed by
any interested person or by an appointed personal representative
or one named in the will at any time or the prayer for
supervised administration may be joined with a petition in a
testacy or appointment proceeding. If the testacy of the
decedent and the priority and qualification of any personal
representative have not been adjudicated previously, the
petition for supervised administration shall include the matters
required of a petition in a formal testacy proceeding and the
notice requirements and procedures applicable to a formal
testacy proceeding apply. If not previously adjudicated, the
court shall adjudicate the testacy of the decedent and questions
relating to the priority and qualifications of the personal
representative in any case involving a request for supervised
administration, even though the request for supervised
administration may be denied. After notice to interested
persons, the court shall order supervised administration of a
decedent's estate: (1) if the decedent's will directs
supervised administration, it shall be ordered unless the court
finds that circumstances bearing on the need for supervised
administration have changed since the execution of the will and
that there is no necessity for supervised administration; (2) if
the decedent's will directs unsupervised administration,
supervised administration shall be ordered only upon a finding
that it is necessary for protection of persons interested in the
estate; or (3) in other cases if the court finds that supervised
administration is necessary under the circumstances.
HIST: 1974 c 442 art 3 s 524.3-502; 1975 c 347 s 44
==524.3-503
524.3-503 Supervised administration; effect on other
proceedings.
(a) The pendency of a proceeding for supervised
administration of a decedent's estate stays action on any
informal application then pending or thereafter filed.
(b) If a will has been previously probated in informal
proceedings, the effect of the filing of a petition for
supervised administration is as provided for formal testacy
proceedings by section 524.3-401.
(c) After having received notice of the filing of a
petition for supervised administration, a personal
representative who has been appointed previously shall not
exercise the power to distribute any estate. The filing of the
petition does not affect the representative's other powers and
duties unless the court restricts the exercise of any of them
pending full hearing on the petition.
HIST: 1974 c 442 art 3 s 524.3-503; 1986 c 444
==524.3-504
524.3-504 Supervised administration; powers of personal
representative.
Unless restricted by the court, a supervised personal
representative has, without interim orders approving exercise of
a power, all powers of personal representatives under this
chapter, but shall not exercise the power to make any
distribution of the estate without prior order of the court.
Any other restriction on the power of a personal representative
which may be ordered by the court must be endorsed on the
letters of appointment and, unless so endorsed, is ineffective
as to persons dealing in good faith with the personal
representative.
HIST: 1974 c 442 art 3 s 524.3-504; 1986 c 444
==524.3-505
524.3-505 Supervised administration; interim orders;
distribution and closing orders.
Unless otherwise ordered by the court, supervised
administration is terminated by order in accordance with time
restrictions, notices and contents of orders prescribed for
proceedings under section 524.3-1001. Interim orders approving
or directing partial distributions, sale of property or granting
other relief may be issued by the court at any time during the
pendency of a supervised administration on the application of
the personal representative or any interested person.
HIST: 1974 c 442 art 3 s 524.3-505; 1976 c 161 s 5; 1980 c 439
s 30
==524.3-601
524.3-601 Qualification.
Prior to receiving letters, a personal representative shall
qualify by filing with the appointing court any required bond
and an oath of office or, in the case of a corporate
representative, a statement of acceptance of the duties of the
office.
HIST: 1974 c 442 art 3 s 524.3-601; 1975 c 347 s 45; 1986 c
444
==524.3-602
524.3-602 Acceptance of appointment; consent to
jurisdiction.
By accepting appointment, a personal representative submits
personally to the jurisdiction of the court in any proceeding
relating to the estate that may be instituted by any interested
person. Notice of any proceeding shall be delivered to the
personal representative, or mailed by ordinary first class mail
the address listed in the application or petition for
appointment or thereafter reported to the court and to the
address as then known to the petitioner. Service of process on
a nonresident personal representative appointed in Minnesota
shall be made pursuant to section 524.4-303.
HIST: 1974 c 442 art 3 s 524.3-602; 1975 c 347 s 46; 1986 c
444
==524.3-603
524.3-603 Bond not required without court order;
exceptions.
No bond is required of a personal representative appointed
in informal proceedings, except (1) upon the appointment of a
special administrator; (2) when an executor or other personal
representative is appointed to administer an estate under a will
containing an express requirement of bond or (3) when bond is
required under section 524.3-605. No bond shall be required of a
personal representative appointed in formal proceedings (1) if
the will relieves the personal representative of bond, or (2) if
all interested persons with an apparent interest in the estate
in excess of $1,000, other than creditors, make a written
request that no bond be required, unless in either case the
court determines that bond is required for the protection of
interested persons. The court may by its order dispense with
the requirement of bond at the time of appointment of a personal
representative appointed in formal proceedings. No bond shall
be required of any personal representative who, pursuant to
statute, has deposited cash or collateral with an agency of this
state to secure performance of duties. If two or more persons
are appointed corepresentatives and one of them has complied
with the preceding sentence, no bond shall be required of any
such corepresentatives.
HIST: 1974 c 442 art 3 s 524.3-603; 1975 c 347 s 47; 1976 c
161 s 6; 1986 c 444
==524.3-604
524.3-604 Bond amount; security; procedure; reduction.
If bond is required then the personal representative shall
file the bond with the court or give other suitable security in
an amount not less than the bond. The court shall determine
that the bond is duly executed by a corporate surety, or one or
more individual sureties whose performance is secured by pledge
of personal property, mortgage on real property or other
adequate security. The court may permit the amount of the bond
to be reduced by the value of assets of the estate deposited
with a domestic financial institution, in a manner that prevents
their unauthorized disposition. The court on its own motion or
on petition of the personal representative or another interested
person may excuse a requirement of bond, increase or reduce the
amount of the bond, release sureties, or permit the substitution
of another bond with the same or different sureties.
HIST: 1974 c 442 art 3 s 524.3-604; 1975 c 347 s 48
==524.3-605
524.3-605 Demand for bond by interested person.
Any person apparently having an interest in the estate
worth in excess of $1,000, or any creditor having a claim in
excess of $1,000, may make a written demand that a personal
representative give bond. The demand must be filed with the
court and a copy mailed to the personal representative, if
appointment and qualification have occurred. Thereupon, the
court may require or excuse the requirement of a bond. After
having received notice and until the filing of the bond or until
the requirement of bond is excused, the personal representative
shall refrain from exercising any powers of office except as
necessary to preserve the estate. Failure of the personal
representative to meet a requirement of bond by giving suitable
bond within 30 days after receipt of notice is cause for removal
and appointment of a successor personal representative. An
interested person who initially waived bond may demand bond
under this section.
HIST: 1974 c 442 art 3 s 524.3-605; 1975 c 347 s 49; 1986 c
444
==524.3-606
524.3-606 Terms and conditions of bonds.
(a) The following requirements and provisions apply to any
bond required by this part:
(1) Bonds shall name the state as obligee for the benefit
of the persons interested in the estate and shall be conditioned
upon the faithful discharge by the fiduciary of all duties
according to law.
(2) Unless otherwise provided by the terms of the approved
bond, sureties are jointly and severally liable with the
personal representative and with each other. The address of
sureties shall be stated in the bond.
(3) By executing an approved bond of a personal
representative, the surety consents to the jurisdiction of the
probate court which issued letters to the primary obligor in any
proceedings pertaining to the fiduciary duties of the personal
representative and naming the surety as a party. Notice of such
proceeding shall be delivered to the surety or mailed by
registered or certified mail at the address listed with the
court where the bond is filed and to the address then known to
the petitioner.
(4) On petition of a successor personal representative, any
other personal representative of the same decedent, or any
interested person, a proceeding in the court may be initiated
against a surety for breach of the obligation of the bond of the
personal representative.
(5) The bond of the personal representative is not void
after the first recovery but may be proceeded against from time
to time until the whole penalty is exhausted.
(b) No action or proceeding may be commenced against the
surety on any matter as to which an action or proceeding against
the primary obligor is barred by adjudication or limitation.
(c) If a sole or last surviving representative is removed,
is disabled or dies, the court may, upon notice and hearing,
order the representative's surety to file a verified final
account and petition for complete settlement and, if proper, for
distribution and closing of the estate.
If in a proceeding under this clause the court determines
that the representative has mismanaged the estate,
misappropriated funds or committed other misconduct for which
the surety is liable, the court shall settle the account and
enter judgment against the representative and the surety as may
be appropriate. The judgment may be filed, docketed and
enforced in the same manner as any other judgment. This remedy
is in addition to any other remedy for breach of the obligations
of the bond.
HIST: 1974 c 442 art 3 s 524.3-606; 1975 c 347 s 50; 1977 c
154 s 2; 1986 c 444
==524.3-607
524.3-607 Order restraining personal representative.
(a) On petition of any person who appears to have an
interest in the estate, the court by temporary order may
restrain a personal representative from performing specified
acts of administration, disbursement, or distribution, or
exercise of any powers or discharge of any duties of office, or
make any other order to secure proper performance of a duty, if
it appears to the court that the personal representative
otherwise may take some action which would jeopardize
unreasonably the interest of the applicant or of some other
interested person. Persons with whom the personal
representative may transact business may be made parties.
(b) The matter shall be set for hearing within ten days
unless the parties otherwise agree. Notice as the court directs
shall be given to the personal representative and the
representative's attorney of record, if any, and to any other
parties named defendant in the petition.
HIST: 1974 c 442 art 3 s 524.3-607; 1986 c 444
==524.3-608
524.3-608 Termination of appointment; general.
Termination of appointment of a personal representative
occurs as indicated in sections 524.3-609 to 524.3-612,
inclusive. Termination ends the right and power pertaining to
the office of personal representative as conferred by this
chapter or any will, except that a personal representative, at
any time prior to distribution or until restrained or enjoined
by court order, may perform acts necessary to protect the estate
and may deliver the assets to a successor representative.
Termination does not discharge a personal representative from
liability for transactions or omissions occurring before
termination, or relieve the representative of the duty to
preserve assets subject to the representative's control, to
account therefor and to deliver the assets. Termination does
not affect the jurisdiction of the court over the personal
representative, but terminates the authority to represent the
estate in any pending or future proceeding.
HIST: 1974 c 442 art 3 s 524.3-608; 1986 c 444
==524.3-609
524.3-609 Termination of appointment; death or
disability.
The death of a personal representative or the appointment
of a conservator or guardian for the estate of a personal
representative, terminates the personal representative's
appointment. Until appointment and qualification of a successor
or special representative to replace the deceased or protected
representative, the representative of the estate of the deceased
or protected personal representative, if any, has the duty to
protect the estate possessed and being administered by the
deceased or protected representative at the time the appointment
terminates, has the power to perform acts necessary for
protection and shall account for and deliver the estate assets
to a successor or special personal representative upon
appointment and qualification.
HIST: 1974 c 442 art 3 s 524.3-609; 1975 c 347 s 51; 1986 c
444
==524.3-610
524.3-610 Termination of appointment; voluntary.
(a) An appointment of a personal representative terminates
as provided in section 524.3-1003, one year after the filing of
a closing statement.
(b) An order closing an estate as provided in section
524.3-1001 or 524.3-1002 terminates an appointment of a personal
representative.
(c) A personal representative may resign the position by
filing a written statement of resignation with the registrar
after having given at least 15 days written notice to the
persons known to be interested in the estate. If no one applies
or petitions for appointment of a successor representative
within the time indicated in the notice, the filed statement of
resignation is ineffective as a termination of appointment and
in any event is effective only upon the appointment and
qualification of a successor representative and delivery of the
assets to the successor.
HIST: 1974 c 442 art 3 s 524.3-610; 1986 c 444
==524.3-611
524.3-611 Termination of appointment by removal; cause;
procedure.
(a) A person interested in the estate may petition for
removal of a personal representative for cause at any time.
Upon filing of the petition, the court shall fix a time and
place for hearing. Notice shall be given by the petitioner to
the personal representative, and to other persons as the court
may order. Except as otherwise ordered as provided in section
524.3-607, after receipt of notice of removal proceedings, the
personal representative shall not act except to account, to
correct maladministration or preserve the estate. If removal is
ordered, the court also shall direct by order the disposition of
the assets remaining in the name of, or under the control of,
the personal representative being removed.
(b) Cause for removal exists when removal is in the best
interests of the estate, or if it is shown that a personal
representative or the person seeking the personal
representative's appointment intentionally misrepresented
material facts in the proceedings leading to the appointment, or
that the personal representative has disregarded an order of the
court, has become incapable of discharging the duties of office,
or has mismanaged the estate or failed to perform any duty
pertaining to the office. In determining the best interests of
the estate, the personal representative's compensation and fees,
and administrative expenses, shall also be considered. Unless
the decedent's will directs otherwise, a personal representative
appointed at the decedent's domicile, incident to securing
personal appointment or the appointment of a nominee as
ancillary personal representative, may obtain removal of another
who was appointed personal representative in this state to
administer local assets.
HIST: 1974 c 442 art 3 s 524.3-611; 1979 c 137 s 2; 1986 c 444
==524.3-612
524.3-612 Termination of appointment; change of testacy
status.
Except as otherwise ordered in formal proceedings, the
probate of a will subsequent to the appointment of a personal
representative in intestacy or under a will which is superseded
by formal probate of another will, or the vacation of an
informal probate of a will subsequent to the appointment of the
personal representative thereunder, does not terminate the
appointment of the personal representative although the personal
representative's powers may be reduced as provided in section
524.3-401. Termination occurs upon appointment in informal or
formal appointment proceedings of a person entitled to
appointment under the later assumption concerning testacy. If
no request for new appointment is made within 30 days after
expiration of time for appeal from the order in formal testacy
proceedings, or from the informal probate, changing the
assumption concerning testacy, the previously appointed personal
representative upon request may be appointed personal
representative under the subsequently probated will, or as in
intestacy as the case may be.
HIST: 1974 c 442 art 3 s 524.3-612; 1986 c 444
==524.3-613
524.3-613 Successor personal representative.
Upon notice, if any, as the court or registrar shall
require, the court upon petition and the registrar upon
application may appoint a personal representative to succeed one
whose appointment has been terminated. After appointment and
qualification, a successor personal representative may be
substituted in all actions and proceedings to which the former
personal representative was a party, and no notice, process or
claim which was given or served upon the former personal
representative need be given to or served upon the successor in
order to preserve any position or right the person giving the
notice or filing the claim may thereby have obtained or
preserved with reference to the former personal representative.
Except as otherwise ordered by the court, the successor personal
representative has the powers and duties in respect to the
continued administration which the former personal
representative would have had if the appointment had not been
terminated.
HIST: 1974 c 442 art 3 s 524.3-613; 1977 c 155 s 1; 1986 c 444
==524.3-614
524.3-614 Special administrator; appointment.
A special administrator may be appointed:
(1) informally by the registrar on the application of any
interested person when necessary to protect the estate of a
decedent prior to the appointment of a general personal
representative or if a prior appointment has been terminated as
provided in section 524.3-609;
(2) in a formal proceeding by order of the court on the
petition of any interested person and finding, after notice and
hearing, that appointment is necessary to preserve the estate or
to secure its proper administration including its administration
in circumstances where a general personal representative cannot
or should not act. If it appears to the court that an emergency
exists, appointment may be ordered without notice.
HIST: 1974 c 442 art 3 s 524.3-614
==524.3-615
524.3-615 Special administrator; who may be appointed.
(a) If a special administrator is to be appointed pending
the probate of a will which is the subject of a pending
application or petition for probate, the person named executor
in the will shall be appointed if available, and qualified.
(b) In other cases, any proper person may be appointed
special administrator.
HIST: 1974 c 442 art 3 s 524.3-615
==524.3-616
524.3-616 Special administrator; appointed informally;
powers and duties.
A special administrator appointed by the registrar in
informal proceedings pursuant to section 524.3-614(1) has the
duty to collect and manage the assets of the estate, to preserve
them, to account therefor and to deliver them to the general
personal representative upon qualification. The special
administrator has the power of a personal representative under
the chapter necessary to perform these duties.
HIST: 1974 c 442 art 3 s 524.3-616; 1986 c 444
==524.3-617
524.3-617 Special administrator; formal proceedings;
power and duties.
A special administrator appointed by order of the court in
any formal proceeding has the power of a general personal
representative except as limited in the appointment and duties
as prescribed in the order. The appointment may be for a
specified time, to perform particular acts or on other terms as
the court may direct.
HIST: 1974 c 442 art 3 s 524.3-617
==524.3-618
524.3-618 Termination of appointment; special
administrator.
The appointment of a special administrator terminates in
accordance with the provisions of the order of appointment or on
the appointment of a general personal representative. In other
cases, the appointment of a special administrator is subject to
termination as provided in sections 524.3-608 to 524.3-611.
HIST: 1974 c 442 art 3 s 524.3-618
==524.3-701
524.3-701 Time of accrual of duties and powers.
The duties and powers of a personal representative commence
upon appointment. The powers of a personal representative
relate back in time to give acts by the person appointed which
are beneficial to the estate occurring prior to appointment the
same effect as those occurring thereafter. Prior to
appointment, a person named executor in a will may carry out
written instructions of the decedent relating to the body,
funeral and burial arrangements. A personal representative may
ratify and accept acts on behalf of the estate done by others
where the acts would have been proper for a personal
representative.
HIST: 1974 c 442 art 3 s 524.3-701; 1986 c 444
==524.3-702
524.3-702 Priority among different letters.
A person to whom general letters are issued first has
exclusive authority under the letters until the appointment is
terminated or modified. If, through error, general letters are
afterwards issued to another, the first appointed representative
may recover any property of the estate in the hands of the
representative subsequently appointed, but the acts of the
latter done in good faith before notice of the first letters are
not void for want of validity of appointment.
HIST: 1974 c 442 art 3 s 524.3-702; 1986 c 444
==524.3-703
524.3-703 General duties; relation and liability to
persons interested in estate; standing to sue.
(a) A personal representative is a fiduciary who shall
observe the standards of care in dealing with the estate assets
that would be observed by a prudent person dealing with the
property of another, and if the personal representative has
special skills or is named personal representative on a basis of
representation of special skills or expertise, the personal
representative is under a duty to use those skills. A personal
representative is under a duty to settle and distribute the
estate of the decedent in accordance with the terms of any
probated and effective will and applicable law, and as
expeditiously and efficiently as is consistent with the best
interests of the estate. The personal representative shall use
the authority conferred by applicable law, the terms of the
will, if any, and any order in proceedings to which the personal
representative is party for the best interests of successors to
the estate.
(b) A personal representative shall not be surcharged for
acts of administration or distribution if the conduct in
question was authorized at the time. Subject to other
obligations of administration, an informally probated will is
authority to administer and distribute the estate according to
its terms. An order of appointment of a personal
representative, whether issued in informal or formal
proceedings, is authority to distribute apparently intestate
assets to the heirs of the decedent if, at the time of
distribution, the personal representative is not aware of a
pending testacy proceeding, a proceeding to vacate an order
entered in an earlier testacy proceeding, a formal proceeding
questioning the appointment or fitness to continue, or a
supervised administration proceeding. Nothing in this section
affects the duty of the personal representative to administer
and distribute the estate in accordance with the rights of
claimants, the surviving spouse, any minor and dependent
children and any pretermitted child of the decedent as described
elsewhere.
(c) Except as to proceedings which do not survive the death
of the decedent, a personal representative of a decedent
domiciled in this state at death has the same standing to sue
and be sued in the courts of this state and the courts of any
other jurisdiction as the decedent had immediately prior to
death.
HIST: 1974 c 442 art 3 s 524.3-703; 1975 c 347 s 52; 1986 c
444
==524.3-704
524.3-704 Personal representative to proceed without
court order; exception.
A personal representative shall proceed expeditiously with
the settlement and distribution of a decedent's estate and,
except as otherwise specified or ordered in regard to a
supervised personal representative, do so without adjudication,
order, or direction of the court, but the personal
representative may invoke the jurisdiction of the court, in
proceedings authorized by this chapter, to resolve questions
concerning the estate or its administration.
HIST: 1974 c 442 art 3 s 524.3-704; 1986 c 444
==524.3-705
524.3-705 Repealed, 1975 c 347 s 144
==524.3-706
524.3-706 Duty of personal representative; inventory and
appraisement.
Within six months after appointment, or nine months after
the death of the decedent, whichever is later, a personal
representative, who is not a special administrator or a
successor to another representative who has previously
discharged this duty, shall prepare and file or mail an
inventory of property owned by the decedent at the time of
death, listing it with reasonable detail, and indicating as to
each listed item, its fair market value as of the date of the
decedent's death, and the type and amount of any encumbrance
that may exist with reference to any item.
The personal representative shall mail or deliver a copy of
the inventory to the surviving spouse, if there be one, to all
residuary distributees, and to interested persons or creditors
who request a copy thereof. The personal representative need
not personally receive a copy as a surviving spouse or as a
residuary distributee.
HIST: 1974 c 442 art 3 s 524.3-706; 1975 c 347 s 53; 1979 c
303 art 3 s 32; 1982 c 529 s 1; 1986 c 444
==524.3-707
524.3-707 Employment of appraisers.
The personal representative may employ a qualified and
disinterested appraiser to assist in ascertaining the fair
market value as of the date of the decedent's death of any asset
the value of which may be subject to reasonable doubt.
Different persons may be employed to appraise different kinds of
assets included in the estate. The names and addresses of any
appraiser shall be indicated on the inventory with the item or
items appraised.
HIST: 1974 c 442 art 3 s 524.3-707; 1986 c 444
==524.3-708
524.3-708 Duty of personal representative; supplementary
inventory.
If any property not included in the original inventory
comes to the knowledge of a personal representative or if the
personal representative learns that the value or description
indicated in the original inventory for any item is erroneous or
misleading, the personal representative shall make a
supplementary inventory or appraisement showing the market value
as of the date of the decedent's death of the new item or the
revised market value or descriptions, and the appraisers or
other data relied upon, if any, and furnish copies thereof or
information thereof to persons interested in the new
information, and file it with the court if the original
inventory was filed.
HIST: 1974 c 442 art 3 s 524.3-708; 1986 c 444; 1996 c 338 art
2 s 4
==524.3-709
524.3-709 Duty of personal representative; possession of
estate.
Except as otherwise provided by a decedent's will, every
personal representative has a right to, and shall take
possession or control of, the decedent's property, except that
any real property or tangible personal property may be left with
or surrendered to the person presumptively entitled thereto
unless or until, in the judgment of the personal representative,
possession of the property by the personal representative will
be necessary for purposes of administration. The request by a
personal representative for delivery of any property possessed
by an heir or devisee is conclusive evidence, in any action
against the heir or devisee for possession thereof, that the
possession of the property by the personal representative is
necessary for purposes of administration. The personal
representative shall pay taxes on, and take all steps reasonably
necessary for the management, protection and preservation of,
the estate in possession and may maintain an action to recover
possession of property or to determine the title thereto.
HIST: 1974 c 442 art 3 s 524.3-709; 1986 c 444
==524.3-710
524.3-710 Power to avoid transfers.
The property liable for the payment of unsecured debts of a
decedent includes all property transferred by the decedent by
any means which is in law void or voidable as against creditors,
and subject to prior liens, the right to recover this property,
so far as necessary for the payment of unsecured debts of the
decedent, is exclusively in the personal representative.
HIST: 1974 c 442 art 3 s 524.3-710; 1986 c 444
==524.3-711
524.3-711 Powers of personal representatives; in general.
Until termination of the appointment a personal
representative has the same power over the title to property of
the estate that an absolute owner would have, in trust however,
for the benefit of the creditors and others interested in the
estate. This power may be exercised without notice, hearing, or
order of court and when so exercised shall transfer good title
to the transferee to the same extent that decedent had title
thereto; provided, however, that a personal representative
appointed in an informal proceeding shall not be empowered to
sell, encumber, lease or distribute any interest in real estate
owned by the decedent until 30 days have passed from the date of
the issuance of the letters.
HIST: 1974 c 442 art 3 s 524.3-711; 1975 c 347 s 54; 1986 c
444
==524.3-712
524.3-712 Improper exercise of power; breach of
fiduciary duty.
If the exercise of power concerning the estate is improper,
the personal representative is liable to interested persons for
damage or loss resulting from breach of fiduciary duty to the
same extent as a trustee of an express trust. The rights of
purchasers and others dealing with a personal representative
shall be determined as provided in sections 524.3-713 and
524.3-714.
HIST: 1974 c 442 art 3 s 524.3-712; 1986 c 444
==524.3-713
524.3-713 Sale, encumbrance or transaction involving
conflict of interest; voidable; exceptions.
Any sale or encumbrance to the personal representative, the
personal representative's spouse, agent or attorney, or any
corporation or trust in which the personal representative has a
substantial beneficial interest, or any transaction which is
affected by a substantial conflict of interest on the part of
the personal representative, is voidable by any person
interested in the estate except one who has consented after fair
disclosure, unless
(1) the will or a contract entered into by the decedent
expressly authorized the transaction; or
(2) the transaction is approved by the court after notice
to interested persons.
HIST: 1974 c 442 art 3 s 524.3-713; 1986 c 444
==524.3-714
524.3-714 Persons dealing with personal representative;
protection.
(a) A person who in good faith either assists a personal
representative or deals with the personal representative for
value is protected as if the personal representative properly
exercised power. The fact that a person knowingly deals with a
personal representative does not alone require the person to
inquire into the existence of a power or the propriety of its
exercise. Except for restrictions on powers of supervised
personal representatives which are endorsed on letters as
provided in section 524.3-504, no provision in any will or order
of court purporting to limit the power of a personal
representative is effective except as to persons with actual
knowledge thereof. A person is not bound to see to the proper
application of estate assets paid or delivered to a personal
representative. The protection here expressed extends to
instances in which some procedural irregularity or
jurisdictional defect occurred in proceedings leading to the
issuance of letters, including a case in which the alleged
decedent is found to be alive. The protection here expressed is
not by substitution for that provided by comparable provisions
of the laws relating to commercial transactions and laws
simplifying transfers of securities by fiduciaries.
(b) If property is wrongfully transferred by a person
acting as a personal representative to a person who is not in
good faith, a subsequent good faith purchaser is protected as if
the original transferee dealt in good faith. Any purchaser in
good faith is protected as if all prior transfers were made in
good faith.
HIST: 1974 c 442 art 3 s 524.3-714; 1977 c 156 s 1; 1978 c 525
s 15; 1986 c 444
==524.3-715
524.3-715 Transactions authorized for personal
representatives; exceptions.
Except as restricted or otherwise provided by the will or
by an order in a formal proceeding and subject to the priorities
stated in section 524.3-902, a personal representative, acting
reasonably for the benefit of the interested persons, may
properly:
(1) retain assets owned by the decedent pending
distribution or liquidation including those in which the
representative is personally interested or which are otherwise
improper for trust investment;
(2) receive assets from fiduciaries, or other sources;
(3) perform, compromise or refuse performance of the
decedent's contracts that continue as obligations of the estate,
as the personal representative may determine under the
circumstances. In performing enforceable contracts by the
decedent to convey or lease land, the personal representative,
among other possible courses of action, may:
(i) execute and deliver a deed of conveyance for cash
payment of all sums remaining due or the purchaser's note for
the sum remaining due secured by a mortgage or deed of trust on
the land; or
(ii) deliver a deed in escrow with directions that the
proceeds, when paid in accordance with the escrow agreement, be
paid to the successors of the decedent, as designated in the
escrow agreement;
(4) satisfy written charitable pledges of the decedent
irrespective of whether the pledges constituted binding
obligations of the decedent or were properly presented as
claims, if in the judgment of the personal representative the
decedent would have wanted the pledges completed under the
circumstances;
(5) if funds are not needed to meet debts and expenses
currently payable and are not immediately distributable, deposit
or invest liquid assets of the estate, including moneys received
from the sale of other assets, in federally insured
interest-bearing accounts, readily marketable secured loan
arrangements or other prudent investments which would be
reasonable for use by trustees generally;
(6) acquire or dispose of an asset, including land in this
or another state, for cash or on credit, at public or private
sale; and manage, develop, improve, exchange, partition, change
the character of, or abandon an estate asset;
(7) make ordinary or extraordinary repairs or alterations
in buildings or other structures, demolish any improvements,
raze existing or erect new party walls or buildings;
(8) subdivide, develop or dedicate land to public use; make
or obtain the vacation of plats and adjust boundaries; or adjust
differences in valuation on exchange or partition by giving or
receiving considerations; or dedicate easements to public use
without consideration;
(9) enter for any purpose into a lease as lessor or lessee,
with or without option to purchase or renew, for a term within
or extending beyond the period of administration;
(10) enter into a lease or arrangement for exploration and
removal of minerals or other natural resources or enter into a
pooling or unitization agreement;
(11) abandon property when, in the opinion of the personal
representative, it is valueless, or is so encumbered, or is in
condition that it is of no benefit to the estate;
(12) vote stocks or other securities in person or by
general or limited proxy;
(13) pay calls, assessments, and other sums chargeable or
accruing against or on account of securities, unless barred by
the provisions relating to claims;
(14) hold a security in the name of a nominee or in other
form without disclosure of the interest of the estate but the
personal representative is liable for any act of the nominee in
connection with the security so held;
(15) insure the assets of the estate against damage, loss
and liability and the personal representative against liability
as to third persons;
(16) borrow money with or without security to be repaid
from the estate assets or otherwise; and advance money for the
protection of the estate;
(17) effect a fair and reasonable compromise with any
debtor or obligor, or extend, renew or in any manner modify the
terms of any obligation owing to the estate. The personal
representative on holding a mortgage, pledge or other lien upon
property of another person may, in lieu of foreclosure, accept a
conveyance or transfer of encumbered assets from the owner
thereof in satisfaction of the indebtedness secured by lien;
(18) pay in compliance with section 524.3-805, but without
the presentation of a claim, the reasonable and necessary last
illness expenses of the decedent (except as provided in section
524.3-806 (a)), reasonable funeral expenses, debts and taxes
with preference under federal or state law, and other taxes,
assessments, compensation of the personal representative and the
personal representative's attorney, and all other costs and
expenses of administration although the same may be otherwise
barred under section 524.3-803;
(19) sell or exercise stock subscription or conversion
rights; consent, directly or through a committee or other agent,
to the reorganization, consolidation, merger, dissolution, or
liquidation of a corporation or other business enterprise;
(20) allocate items of income or expense to either estate
income or principal, as permitted or provided by law;
(21) employ persons, including attorneys, auditors,
investment advisors, or agents, even if they are associated with
the personal representative, to advise or assist the personal
representative in the performance of administrative duties; act
without independent investigation upon their recommendations;
and instead of acting personally, employ one or more agents to
perform any act of administration, whether or not discretionary;
(22) prosecute or defend claims, or proceedings in any
jurisdiction for the protection of the estate and of the
personal representative in the performance of duties;
(23) sell, mortgage, or lease any real or personal property
of the estate or any interest therein for cash, credit, or for
part cash and part credit, and with or without security for
unpaid balances, provided, however, that the homestead of a
decedent when the spouse takes any interest therein shall not be
sold, mortgaged or leased unless the written consent of the
spouse has been obtained;
(24) continue any unincorporated business or venture in
which the decedent was engaged at the time of death (i) in the
same business form for a period of not more than four months
from the date of appointment of a general personal
representative if continuation is a reasonable means of
preserving the value of the business including good will, (ii)
in the same business form for any additional period of time that
may be approved by order of the court in a formal proceeding to
which the persons interested in the estate are parties; or (iii)
throughout the period of administration if the business is
incorporated by the personal representative and if none of the
probable distributees of the business who are competent adults
object to its incorporation and retention in the estate;
(25) incorporate any business or venture in which the
decedent was engaged at the time of death;
(26) provide for exoneration of the personal representative
from personal liability in any contract entered into on behalf
of the estate;
(27) satisfy and settle claims and distribute the estate as
provided in this chapter;
(28) foreclose a mortgage, lien, or pledge or collect the
debts secured thereby, or complete any such proceeding commenced
by the decedent;
(29) exercise all powers granted to guardians and
conservators by sections 525.67 and 525.68.
HIST: 1974 c 442 art 3 s 524.3-715; 1975 c 347 s 55; 1986 c
444
==524.3-716
524.3-716 Powers and duties of successor personal
representative.
A successor personal representative has the same power and
duty as the original personal representative to complete the
administration and distribution of the estate, as expeditiously
as possible, but shall not exercise any power expressly made
personal to the executor named in the will.
HIST: 1974 c 442 art 3 s 524.3-716; 1986 c 444
==524.3-717
524.3-717 Corepresentatives; when joint action required.
If two or more persons are appointed corepresentatives and
unless the will or the court provides otherwise, the concurrence
of all is required on all acts connected with the administration
and distribution of the estate. This restriction does not apply
when any corepresentative receives and receipts for property due
the estate, when the concurrence of all cannot readily be
obtained in the time reasonably available for emergency action
necessary to preserve the estate, or when a corepresentative has
been delegated to act for the others. Persons dealing with a
corepresentative if actually unaware that another has been
appointed to serve or if advised by the personal representative
with whom they deal that the personal representative has
authority to act alone for any of the reasons mentioned herein,
are as fully protected as if the person with whom they dealt had
been the sole personal representative.
HIST: 1974 c 442 art 3 s 524.3-717; 1975 c 347 s 56; 1986 c
444
==524.3-718
524.3-718 Powers of surviving personal representative.
Unless the terms of the will otherwise provide, every power
exercisable by personal corepresentatives may be exercised by
the one or more remaining after the appointment of one or more
is terminated, and if one of two or more nominated as
coexecutors is not appointed, those appointed may exercise all
the powers incident to the office.
HIST: 1974 c 442 art 3 s 524.3-718
==524.3-719
524.3-719 Compensation of personal representative.
(a) A personal representative is entitled to reasonable
compensation for services. If a will provides for compensation
of the personal representative and there is no contract with the
decedent regarding compensation, the personal representative may
renounce the provision before qualifying and be entitled to
reasonable compensation. A personal representative also may
renounce the right to all or any part of the compensation. A
written renunciation of fee may be filed with the court.
(b) In determining what is reasonable compensation, the
court shall give consideration to the following factors:
(1) The time and labor required;
(2) The complexity and novelty of problems involved; and
(3) The extent of the responsibilities assumed and the
results obtained.
HIST: 1974 c 442 art 3 s 524.3-719; 1979 c 137 s 3; 1986 c 444
==524.3-720
524.3-720 Expenses in estate litigation.
Any personal representative or person nominated as personal
representative who defends or prosecutes any proceeding in good
faith, whether successful or not, or any interested person who
successfully opposes the allowance of a will, is entitled to
receive from the estate necessary expenses and disbursements
including reasonable attorneys' fees incurred. When after
demand the personal representative refuses to prosecute or
pursue a claim or asset of the estate or a claim is made against
the personal representative on behalf of the estate and any
interested person shall then by a separate attorney prosecute or
pursue and recover such fund or asset for the benefit of the
estate, or when, and to the extent that, the services of an
attorney for any interested person contribute to the benefit of
the estate, as such, as distinguished from the personal benefit
of such person, such attorney shall be paid such compensation
from the estate as the court shall deem just and reasonable and
commensurate with the benefit to the estate from the recovery so
made or from such services.
HIST: 1974 c 442 art 3 s 524.3-720; 1975 c 347 s 57; 1986 c
444
==524.3-721
524.3-721 Proceedings for review of employment of agents
and compensation of personal representatives and employees of
estate.
After notice to all interested persons or on petition of an
interested person or on appropriate motion if administration is
supervised, the propriety of employment of any person by a
personal representative including any attorney, auditor,
investment advisor or other specialized agent or assistant, the
reasonableness of the compensation of any person so employed, or
the reasonableness of the compensation determined by the
personal representative for personal representative services,
may be reviewed by the court. Any person who has received
excessive compensation from an estate for services rendered may
be ordered to make appropriate refunds.
HIST: 1974 c 442 art 3 s 524.3-721; 1986 c 444
==524.3-801
524.3-801 Notice to creditors.
(a) Unless notice has already been given under this
section, upon appointment of a general personal representative
in informal proceedings or upon the filing of a petition for
formal appointment of a general personal representative, notice
thereof, in the form prescribed by court rule, shall be given
under the direction of the court administrator by publication
once a week for two successive weeks in a legal newspaper in the
county wherein the proceedings are pending giving the name and
address of the general personal representative and notifying
creditors of the estate to present their claims within four
months after the date of the court administrator's notice which
is subsequently published or be forever barred, unless they are
entitled to further service of notice under paragraph (b) or (c).
(b)(1) Within three months after: (i) the date of the
first publication of the notice; or (ii) June 16, 1989,
whichever is later, the personal representative may determine,
in the personal representative's discretion, that it is or is
not advisable to conduct a reasonably diligent search for
creditors of the decedent who are either not known or not
identified. If the personal representative determines that a
reasonably diligent search is advisable, the personal
representative shall conduct the search.
(2) If the notice is first published after June 16, 1989,
the personal representative shall, within three months after the
date of the first publication of the notice, serve a copy of the
notice upon each then known and identified creditor in the
manner provided in paragraph (c). Notice given under paragraph
(d) does not satisfy the notice requirements under this
paragraph and paragraph (c). If notice was first published
under the applicable provisions of law under the direction of
the court administrator before June 16, 1989, and if a personal
representative is empowered to act at any time after June 16,
1989, the personal representative shall, within three months
after June 16, 1989, serve upon the then known and identified
creditors in the manner provided in paragraph (c) a copy of the
notice as published, together with a supplementary notice
requiring each of the creditors to present any claim within one
month after the date of the service of the notice or be forever
barred.
(3) Under this section, a creditor is "known" if: (i) the
personal representative knows that the creditor has asserted a
claim that arose during the decedent's life against either the
decedent or the decedent's estate; or (ii) the creditor has
asserted a claim that arose during the decedent's life and the
fact is clearly disclosed in accessible financial records known
and available to the personal representative. Under this
section, a creditor is "identified" if the personal
representative's knowledge of the name and address of the
creditor will permit service of notice to be made under
paragraph (c).
(c) The personal representative shall serve a copy of any
notice and any supplementary notice required by paragraph (b),
clause (1) or (2), upon each creditor of the decedent who is
then known to the personal representative and identified, except
a creditor whose claim has either been presented to the personal
representative or paid, either by delivery of a copy of the
required notice to the creditor, or by mailing a copy of the
notice to the creditor by certified, registered, or ordinary
first class mail addressed to the creditor at the creditor's
office or place of residence.
(d)(1) Effective for decedents dying on or after July 1,
1997, if the decedent or a predeceased spouse of the decedent
received assistance for which a claim could be filed under
section 246.53, 256B.15, 256D.16, or 261.04, the personal
representative or the attorney for the personal representative
shall serve the commissioner of human services with notice in
the manner prescribed in paragraph (c) as soon as practicable
after the appointment of the personal representative. The
notice must state the decedent's full name, date of birth, and
social security number and, to the extent then known after
making a reasonably diligent inquiry, the full name, date of
birth, and social security number for each of the decedent's
predeceased spouses. The notice may also contain a statement
that, after making a reasonably diligent inquiry, the personal
representative has determined that the decedent did not have any
predeceased spouses or that the personal representative has been
unable to determine one or more of the previous items of
information for a predeceased spouse of the decedent. A copy of
the notice to creditors must be attached to and be a part of the
notice to the commissioner.
(2) Notwithstanding a will or other instrument or law to
the contrary, except as allowed in this paragraph, no property
subject to administration by the estate may be distributed by
the estate or the personal representative until 70 days after
the date the notice is served on the commissioner as provided in
paragraph (c), unless the local agency consents as provided for
in clause (6). This restriction on distribution does not apply
to the personal representative's sale of real or personal
property, but does apply to the net proceeds the estate receives
from these sales. The personal representative, or any person
with personal knowledge of the facts, may provide an affidavit
containing the description of any real or personal property
affected by this paragraph and stating facts showing compliance
with this paragraph. If the affidavit describes real property,
it may be filed or recorded in the office of the county recorder
or registrar of titles for the county where the real property is
located. This paragraph does not apply to proceedings under
sections 524.3-1203 and 525.31, or when a duly authorized agent
of a county is acting as the personal representative of the
estate.
(3) At any time before an order or decree is entered under
section 524.3-1001 or 524.3-1002, or a closing statement is
filed under section 524.3-1003, the personal representative or
the attorney for the personal representative may serve an
amended notice on the commissioner to add variations or other
names of the decedent or a predeceased spouse named in the
notice, the name of a predeceased spouse omitted from the
notice, to add or correct the date of birth or social security
number of a decedent or predeceased spouse named in the notice,
or to correct any other deficiency in a prior notice. The
amended notice must state the decedent's name, date of birth,
and social security number, the case name, case number, and
district court in which the estate is pending, and the date the
notice being amended was served on the commissioner. If the
amendment adds the name of a predeceased spouse omitted from the
notice, it must also state that spouse's full name, date of
birth, and social security number. The amended notice must be
served on the commissioner in the same manner as the original
notice. Upon service, the amended notice relates back to and is
effective from the date the notice it amends was served, and the
time for filing claims arising under section 246.53, 256B.15,
256D.16 or 261.04 is extended by 60 days from the date of
service of the amended notice. Claims filed during the 60-day
period are undischarged and unbarred claims, may be prosecuted
by the entities entitled to file those claims in accordance with
section 524.3-1004, and the limitations in section 524.3-1006 do
not apply. The personal representative or any person with
personal knowledge of the facts may provide and file or record
an affidavit in the same manner as provided for in clause (1).
(4) Within one year after the date an order or decree is
entered under section 524.3-1001 or 524.3-1002 or a closing
statement is filed under section 524.3-1003, any person who has
an interest in property that was subject to administration by
the estate may serve an amended notice on the commissioner to
add variations or other names of the decedent or a predeceased
spouse named in the notice, the name of a predeceased spouse
omitted from the notice, to add or correct the date of birth or
social security number of a decedent or predeceased spouse named
in the notice, or to correct any other deficiency in a prior
notice. The amended notice must be served on the commissioner
in the same manner as the original notice and must contain the
information required for amendments under clause (3). If the
amendment adds the name of a predeceased spouse omitted from the
notice, it must also state that spouse's full name, date of
birth, and social security number. Upon service, the amended
notice relates back to and is effective from the date the notice
it amends was served. If the amended notice adds the name of an
omitted predeceased spouse or adds or corrects the social
security number or date of birth of the decedent or a
predeceased spouse already named in the notice, then,
notwithstanding any other laws to the contrary, claims against
the decedent's estate on account of those persons resulting from
the amendment and arising under section 246.53, 256B.15,
256D.16, or 261.04 are undischarged and unbarred claims, may be
prosecuted by the entities entitled to file those claims in
accordance with section 524.3-1004, and the limitations in
section 524.3-1006 do not apply. The person filing the
amendment or any other person with personal knowledge of the
facts may provide and file or record an affidavit describing
affected real or personal property in the same manner as clause
(1).
(5) After one year from the date an order or decree is
entered under section 524.3-1001 or 524.3-1002, or a closing
statement is filed under section 524.3-1003, no error, omission,
or defect of any kind in the notice to the commissioner required
under this paragraph or in the process of service of the notice
on the commissioner, or the failure to serve the commissioner
with notice as required by this paragraph, makes any
distribution of property by a personal representative void or
voidable. The distributee's title to the distributed property
shall be free of any claims based upon a failure to comply with
this paragraph.
(6) The local agency may consent to a personal
representative's request to distribute property subject to
administration by the estate to distributees during the 70-day
period after service of notice on the commissioner. The local
agency may grant or deny the request in whole or in part and may
attach conditions to its consent as it deems appropriate. When
the local agency consents to a distribution, it shall give the
estate a written certificate evidencing its consent to the early
distribution of assets at no cost. The certificate must include
the name, case number, and district court in which the estate is
pending, the name of the local agency, describe the specific
real or personal property to which the consent applies, state
that the local agency consents to the distribution of the
specific property described in the consent during the 70-day
period following service of the notice on the commissioner,
state that the consent is unconditional or list all of the terms
and conditions of the consent, be dated, and may include other
contents as may be appropriate. The certificate must be signed
by the director of the local agency or the director's designees
and is effective as of the date it is dated unless it provides
otherwise. The signature of the director or the director's
designee does not require any acknowledgment. The certificate
shall be prima facie evidence of the facts it states, may be
attached to or combined with a deed or any other instrument of
conveyance and, when so attached or combined, shall constitute a
single instrument. If the certificate describes real property,
it shall be accepted for recording or filing by the county
recorder or registrar of titles in the county in which the
property is located. If the certificate describes real property
and is not attached to or combined with a deed or other
instrument of conveyance, it shall be accepted for recording or
filing by the county recorder or registrar of titles in the
county in which the property is located. The certificate
constitutes a waiver of the 70-day period provided for in clause
(2) with respect to the property it describes and is prima facie
evidence of service of notice on the commissioner. The
certificate is not a waiver or relinquishment of any claims
arising under section 246.53, 256B.15, 256D.16, or 261.04, and
does not otherwise constitute a waiver of any of the personal
representative's duties under this paragraph. Distributees who
receive property pursuant to a consent to an early distribution
shall remain liable to creditors of the estate as provided for
by law.
(7) All affidavits provided for under this paragraph:
(i) shall be provided by persons who have personal
knowledge of the facts stated in the affidavit;
(ii) may be filed or recorded in the office of the county
recorder or registrar of titles in the county in which the real
property they describe is located for the purpose of
establishing compliance with the requirements of this paragraph;
and
(iii) are prima facie evidence of the facts stated in the
affidavit.
(8) This paragraph applies to the estates of decedents
dying on or after July 1, 1997. Clause (5) also applies with
respect to all notices served on the commissioner of human
services before July 1, 1997, under Laws 1996, chapter 451,
article 2, section 55. All notices served on the commissioner
before July 1, 1997, pursuant to Laws 1996, chapter 451, article
2, section 55, shall be deemed to be legally sufficient for the
purposes for which they were intended, notwithstanding any
errors, omissions or other defects.
HIST: 1975 c 347 s 58; 1Sp1986 c 3 art 1 s 82; 1989 c 163 s 1;
1996 c 451 art 2 s 55; 1997 c 217 art 2 s 16; 2000 c 400 s 6
==524.3-802
524.3-802 Statutes of limitations.
Unless an estate is insolvent the personal representative,
with the consent of all successors, may waive any defense of
limitations available to the estate. If the defense is not
waived, no claim which was barred by any statute of limitations
at the time of the decedent's death shall be allowed or paid.
The running of any statute of limitations measured from some
other event than death or notice given under section 524.3-801
against a decedent is suspended during the 12 months following
the decedent's death but resumes thereafter as to claims not
barred pursuant to the sections which follow. For purposes of
any statute of limitations, the proper presentation of a claim
under section 524.3-804 is equivalent to commencement of a
proceeding on the claim.
HIST: 1975 c 347 s 58; 1989 c 163 s 2
==524.3-803
524.3-803 Limitations on presentation of claims.
(a) All claims as defined in section 524.1-201 (4) against
a decedent's estate which arose before the death of the
decedent, including claims of the state and any subdivision
thereof, whether due or to become due, absolute or contingent,
liquidated or unliquidated, if not barred earlier by other
statute of limitations, are barred against the estate, the
personal representative, and the heirs and devisees of the
decedent, unless presented as follows:
(1) in the case of a creditor who is only entitled, under
the United States Constitution and under the Minnesota
Constitution, to notice by publication under section 524.3-801,
within four months after the date of the court administrator's
notice to creditors which is subsequently published pursuant to
section 524.3-801;
(2) in the case of a creditor who was served with notice
under section 524.3-801, paragraph (c), within the later to
expire of four months after the date of the first publication of
notice to creditors or one month after the service;
(3) within the later to expire of one year after the
decedent's death, or one year after June 16, 1989, whether or
not notice to creditors has been published or served under
section 524.3-801, provided, however, that in the case of a
decedent who died before June 16, 1989, no claim which was then
barred by any provision of law may be deemed to have been
revived by the amendment of this section.
(b) All claims against a decedent's estate which arise at
or after the death of the decedent, including claims of the
state and any subdivision thereof, whether due or to become due,
absolute or contingent, liquidated or unliquidated, are barred
against the estate, the personal representative, and the heirs
and devisees of the decedent, unless presented as follows:
(1) a claim based on a contract with the personal
representative, within four months after performance by the
personal representative is due;
(2) any other claim, within four months after it arises.
(c) Nothing in this section affects or prevents:
(1) any proceeding to enforce any mortgage, pledge, or
other lien upon property of the estate;
(2) any proceeding to establish liability of the decedent
or the personal representative for which there is protection by
liability insurance, to the limits of the insurance protection
only;
(3) the presentment and payment at any time within one year
after the decedent's death of any claim arising before the death
of the decedent that is referred to in section 524.3-715, clause
(18), although the same may be otherwise barred under this
section; or
(4) the presentment and payment at any time before a
petition is filed in compliance with section 524.3-1001 or
524.3-1002 or a closing statement is filed under section
524.3-1003, of:
(i) any claim arising after the death of the decedent that
is referred to in section 524.3-715, clause (18), although the
same may be otherwise barred hereunder;
(ii) any other claim, including claims subject to clause
(3), which would otherwise be barred hereunder, upon allowance
by the court upon petition of the personal representative or the
claimant for cause shown on notice and hearing as the court may
direct.
HIST: 1975 c 347 s 58; 1976 c 161 s 7; 1986 c 444; 1Sp1986 c 3
art 1 s 82; 1989 c 163 s 3
==524.3-804
524.3-804 Manner of presentation of claims.
Claims against a decedent's estate may be presented as
follows:
(1) The claimant may deliver or mail to the personal
representative a written statement of the claim indicating its
basis, the name and address of the claimant, and the amount
claimed, or may file a written statement of the claim, in the
form prescribed by rule, with the court administrator. The
claim is deemed presented on the first to occur of receipt of
the written statement of claim by the personal representative,
or the filing of the claim with the court. If a claim is not
yet due, the date when it will become due shall be stated. If
the claim is contingent or unliquidated, the nature of the
uncertainty shall be stated. If the claim is secured, the
security shall be described. Failure to describe correctly the
security, the nature of any uncertainty, and the due date of a
claim not yet due does not invalidate the presentation made.
(2) The claimant may commence a proceeding against the
personal representative in any court where the personal
representative may be subjected to jurisdiction, to obtain
payment of the claim against the estate, but the commencement of
the proceeding must occur within the time limited for presenting
the claim. No presentation of claim is required in regard to
matters claimed in proceedings against the decedent which were
pending at the time of death.
(3) If a claim is presented under subsection (1), no
proceeding thereon may be commenced more than two months after
the personal representative has mailed a notice of disallowance;
but, in the case of a claim which is not presently due or which
is contingent or unliquidated, the personal representative may
consent to an extension of the two month period, or in any case,
to avoid injustice the court, on petition, may order an
extension of the two month period, but in no event shall the
extension run beyond the applicable statute of limitations.
HIST: 1975 c 347 s 58; 1986 c 444; 1Sp1986 c 3 art 1 s 82;
1996 c 338 art 2 s 5
==524.3-805
524.3-805 Classification of claims.
(a) If the applicable assets of the estate are insufficient
to pay all claims in full, the personal representative shall
make payment in the following order:
(1) costs and expenses of administration;
(2) reasonable funeral expenses;
(3) debts and taxes with preference under federal law;
(4) reasonable and necessary medical, hospital, or nursing
home expenses of the last illness of the decedent, including
compensation of persons attending the decedent and including a
claim filed pursuant to section 256B.15;
(5) reasonable and necessary medical, hospital, and nursing
home expenses for the care of the decedent during the year
immediately preceding death;
(6) debts with preference under other laws of this state,
and state taxes;
(7) all other claims.
(b) No preference shall be given in the payment of any
claim over any other claim of the same class, and a claim due
and payable shall not be entitled to a preference over claims
not due, except that if claims for expenses of the last illness
involve only claims filed under section 246.53 for costs of
state hospital care and claims filed under section 256B.15,
claims filed under section 246.53 have preference over claims
filed under section 256B.15.
HIST: 1975 c 347 s 58; 1982 c 621 s 2; 1982 c 641 art 1 s 19;
1983 c 180 s 19; 1986 c 444; 1987 c 325 s 2
==524.3-806
524.3-806 Allowance of claims.
(a) As to claims presented in the manner described in
section 524.3-804 within the time limit prescribed or permitted
in section 524.3-803, the personal representative may mail a
notice to any claimant stating that the claim has been
disallowed. If, after allowing or disallowing a claim, the
personal representative changes the decision concerning the
claim, the personal representative shall notify the claimant.
Without order of the court for cause shown, the personal
representative may not change a disallowance of a claim after
the time for the claimant to file a petition for allowance or to
commence a proceeding on the claim has run and the claim has
been barred. Every claim which is disallowed in whole or in
part by the personal representative is barred so far as not
allowed unless the claimant files a petition for allowance in
the court or commences a proceeding against the personal
representative not later than two months after the mailing of
the notice of disallowance or partial allowance if the notice
warns the claimant of the impending bar. Failure of the
personal representative to mail notice to a claimant of action
on the claim for two months after the time for original
presentation of the claim has expired has the effect of a notice
of allowance, except that upon petition of the personal
representative and upon notice to the claimant, the court at any
time before payment of such claim may for cause shown permit the
personal representative to disallow such claim. Any claim in
excess of $3,000 for personal services rendered by an individual
to the decedent including compensation of persons attending the
decedent during a last illness, and any claim of the personal
representative which arose before the death of the decedent or
in which the personal representative has an interest in excess
of $3,000 may be allowed only in compliance with subsection (b).
(b) Upon the petition of the personal representative or of
a claimant in a proceeding for the purpose, the court may allow
in whole or in part any claim or claims presented to the
personal representative or filed with the court administrator in
due time and not barred by subsection (a) of this section.
Notice in this proceeding shall be given to the claimant, the
personal representative and those other persons interested in
the estate as the court may direct by order entered at the time
the proceeding is commenced.
(c) A judgment in a proceeding in another court against a
personal representative to enforce a claim against a decedent's
estate is an allowance of the claim.
(d) Unless otherwise provided in any judgment in another
court entered against the personal representative, allowed
claims bear interest at the legal rate for the period commencing
60 days after the time for original presentation of the claim
has expired unless based on a contract making a provision for
interest, in which case they bear interest in accordance with
that provision. Notwithstanding the preceding sentence, claims
that have been disallowed pursuant to clause (a) and are
subsequently allowed by the personal representative or reduced
to judgment shall bear interest at the legal rate from the
latter of the following dates:
(1) 60 days after the time for original presentation of the
claim; or
(2) the date the claim is allowed or the date judgment is
entered.
HIST: 1975 c 347 s 58; 1976 c 161 s 8; 1986 c 444; 1Sp1986 c 3
art 1 s 82
==524.3-807
524.3-807 Payment of claims.
(a) Upon the expiration of the earliest of the time
limitations provided in section 524.3-803 for the presentation
of claims, the personal representative shall proceed to pay the
claims allowed against the estate in the order of priority
prescribed, after making provision for family maintenance and
statutory allowances, for claims already presented which have
not yet been allowed or whose allowance has been appealed, and
for unbarred claims which may yet be presented, including costs
and expenses of administration. By petition to the court in a
proceeding for the purpose, or by appropriate motion if the
administration is supervised, a claimant whose claim has been
allowed but not paid as provided herein may secure an order
directing the personal representative to pay the claim to the
extent that funds of the estate are available for the payment.
(b) The personal representative at any time may pay any
just claim which has not been barred, with or without formal
presentation, but the personal representative is personally
liable to any other claimant whose claim is allowed and who is
injured by such payment if
(1) the payment was made before the expiration of the time
limit stated in subsection (a) and the personal representative
failed to require the payee to give adequate security for the
refund of any of the payment necessary to pay other claimants;
or
(2) the payment was made, due to the negligence or willful
fault of the personal representative, in such manner as to
deprive the injured claimant of the claimant's priority.
HIST: 1975 c 347 s 58; 1986 c 444; 1989 c 163 s 4
==524.3-808
524.3-808 Individual liability of personal
representative.
(a) Unless otherwise provided in the contract, a personal
representative is not individually liable on a contract properly
entered into in a fiduciary capacity in the course of
administration of the estate unless the personal representative
fails to reveal the representative capacity and identify the
estate in the contract.
(b) A personal representative is individually liable for
obligations arising from ownership or control of the estate or
for torts committed in the course of administration of the
estate only if the personal representative is personally at
fault.
(c) Claims based on contracts entered into by a personal
representative in a fiduciary capacity, on obligations arising
from ownership or control of the estate or on torts committed in
the course of estate administration may be asserted against the
estate by proceeding against the personal representative in the
fiduciary capacity, whether or not the personal representative
is individually liable therefor.
(d) Issues of liability as between the estate and the
personal representative individually may be determined in a
proceeding for accounting, surcharge or indemnification or other
appropriate proceeding.
HIST: 1975 c 347 s 58; 1986 c 444
==524.3-809
524.3-809 Secured claims.
Payment of a secured claim is upon the basis of the amount
allowed if the creditor surrenders the security; otherwise
payment is upon the basis of one of the following:
(1) if the creditor exhausts the security before receiving
payment, unless precluded by other law, upon the amount of the
claim allowed less the fair value of the security; or
(2) if the creditor does not have the right to exhaust the
security or has not done so, upon the amount of the claim
allowed less the value of the security determined by converting
it into money according to the terms of the agreement pursuant
to which the security was delivered to the creditor, or by the
creditor and personal representative by agreement, arbitration,
compromise or litigation.
HIST: 1975 c 347 s 58; 1986 c 444
==524.3-810
524.3-810 Claims not due and contingent or unliquidated
claims.
(a) If a claim which will become due at a future time or a
contingent or unliquidated claim becomes due or certain before
the distribution of the estate, and if the claim has been
allowed or established by a proceeding, it is paid in the same
manner as presently due and absolute claims of the same class.
(b) In other cases the personal representative or, on
petition of the personal representative or the claimant in a
special proceeding for the purpose, the court may provide for
payment as follows:
(1) if the claimant consents, the claimant may be paid the
present or agreed value of the claim, taking any uncertainty
into account;
(2) arrangement for future payment, or possible payment, on
the happening of the contingency or on liquidation may be made
by creating a trust, giving a mortgage, obtaining a bond or
security from a distributee, or otherwise.
HIST: 1975 c 347 s 58; 1986 c 444
==524.3-811
524.3-811 Counterclaims.
In allowing a claim the personal representative may deduct
any counterclaim which the estate has against the claimant. In
determining a claim against an estate a court shall reduce the
amount allowed by the amount of any counterclaims and, if the
counterclaims exceed the claim, render a judgment against the
claimant in the amount of the excess. A counterclaim,
liquidated or unliquidated, may arise from a transaction other
than that upon which the claim is based. A counterclaim may
give rise to relief exceeding in amount or different in kind
from that sought in the claim.
HIST: 1975 c 347 s 58
==524.3-812
524.3-812 Execution and levies prohibited.
No execution may issue upon nor may any levy be made
against any property of the estate under any judgment against a
decedent or a personal representative, but this section shall
not be construed to prevent the enforcement of mortgages,
pledges or liens upon real or personal property in an
appropriate proceeding.
HIST: 1975 c 347 s 58
==524.3-813
524.3-813 Compromise of claims.
When a claim against the estate has been presented in any
manner, the personal representative may, if it appears for the
best interest of the estate, compromise the claim, whether due
or not due, absolute or contingent, liquidated or unliquidated.
HIST: 1975 c 347 s 58
==524.3-814
524.3-814 Encumbered assets.
If any assets of the estate are encumbered by mortgage,
pledge, lien, or other security interest, the personal
representative may pay the encumbrance or any part thereof,
renew or extend any obligation secured by the encumbrance or
convey or transfer the assets to the creditor in satisfaction of
the lien, in whole or in part, whether or not the holder of the
encumbrance has filed a claim, if it appears to be for the best
interest of the estate. Payment of an encumbrance does not
increase the share of the distributee entitled to the encumbered
assets unless the distributee is entitled to exoneration.
HIST: 1975 c 347 s 58; 1986 c 444
==524.3-815
524.3-815 Administration in more than one state; duty of
personal representative.
(a) All assets of estates being administered in this state
are subject to all claims, allowances and charges existing or
established against the personal representative wherever
appointed.
(b) If the estate either in this state or as a whole is
insufficient to cover all family exemptions and allowances
determined by the law of the decedent's domicile, prior charges
and claims, after satisfaction of the exemptions, allowances and
charges, each claimant whose claim has been allowed either in
this state or elsewhere in administrations of which the personal
representative is aware, is entitled to receive payment of an
equal proportion of the claim. If a preference or security in
regard to a claim is allowed in another jurisdiction but not in
this state, the creditor so benefited is to receive dividends
from local assets only upon the balance of the claim after
deducting the amount of the benefit.
(c) In case the family exemptions and allowances, prior
charges and claims of the entire estate exceed the total value
of the portions of the estate being administered separately and
this state is not the state of the decedent's last domicile, the
claims allowed in this state shall be paid their proportion if
local assets are adequate for the purpose, and the balance of
local assets shall be transferred to the domiciliary personal
representative. If local assets are not sufficient to pay all
claims allowed in this state the amount to which they are
entitled, local assets shall be marshalled so that each claim
allowed in this state is paid its proportion as far as possible,
after taking into account all dividends on claims allowed in
this state from assets in other jurisdictions.
HIST: 1975 c 347 s 58; 1986 c 444
==524.3-816
524.3-816 Final distribution to domiciliary
representative.
Real estate (excluding a vendor's interest in a contract
for conveyance) located in this state with regard to which the
decedent died intestate and the proceeds of the sale, mortgage
or lease of any such real estate available for distribution,
shall pass according to the laws of this state. All other
assets included in the estate of a nonresident decedent being
administered by a personal representative appointed in this
state shall, if there is a personal representative of the
decedent's domicile willing to receive it, be distributed to the
domiciliary personal representative for the benefit of the
successors of the decedent unless (1) by virtue of the
decedent's will, if any, the successors are identified pursuant
to the local law of this state without reference to the local
law of the decedent's domicile; (2) the personal representative
of this state, after reasonable inquiry, is unaware of the
existence or identity of a domiciliary personal representative;
or (3) the court orders otherwise in a proceeding for a closing
order under section 524.3-1001 or incident to the closing of a
supervised administration. In other cases, distribution of the
estate of a decedent shall be made in accordance with the other
parts of this article.
HIST: 1975 c 347 s 58
==524.3-817
524.3-817 Joint contract claims.
When two or more persons are indebted on any joint contract
or upon a judgment on a joint contract, and one of them dies,
the estate shall be liable therefor, and the amount thereof may
be allowed the same as though the contract had been joint and
several or the judgment had been against the decedent alone, but
without prejudice to right to contribution.
HIST: 1975 c 347 s 58; 1986 c 444
==524.3-901
524.3-901 Successors' rights if no administration.
In the absence of administration, the heirs and devisees
are entitled to the estate in accordance with the terms of a
probated will or the laws of intestate succession. Devisees may
establish title by the probated will to devised property.
Persons entitled to property pursuant to sections 524.2-402,
524.2-403, 525.14 or intestacy may establish title thereto by
proof of the decedent's ownership and death, and their
relationship to the decedent. Successors take subject to all
charges incident to administration, including the claims of
creditors and allowances of surviving spouse and dependent
children, and subject to the rights of others resulting from
abatement, retainer, advancement, and ademption.
HIST: 1974 c 442 art 3 s 524.3-901; 1975 c 347 s 59; 1986 c
444; 1996 c 305 art 1 s 113
==524.3-902
524.3-902 Distribution; order in which assets
appropriated; abatement.
(a) Except as provided in subsection (b) and except as
provided in connection with the share of the surviving spouse
who elects to take an elective share, shares of distributees
abate, without any preference or priority as between real and
personal property, in the following order: (1) property not
disposed of by the will; (2) residuary devises; (3) general
devises; (4) specific devises. For purposes of abatement, a
general devise charged on any specific property or fund is a
specific devise to the extent of the value of the property on
which it is charged, and upon the failure or insufficiency of
the property on which it is charged, a general devise to the
extent of the failure or insufficiency. Abatement within each
classification is in proportion to the amounts of property each
of the beneficiaries would have received if full distribution of
the property had been made in accordance with the terms of the
will.
(b) If the will expresses an order of abatement, or if the
testamentary plan or the express or implied purpose of the
devise would be defeated by the order of abatement stated in
subsection (a), the shares of the distributees abate as may be
found necessary to give effect to the intention of the testator.
(c) If the subject of a preferred devise is sold or used
incident to administration, abatement shall be achieved by
appropriate adjustments in, or contribution from, other
interests in the remaining assets.
HIST: 1974 c 442 art 3 s 524.3-902
==524.3-903
524.3-903 Right of retainer.
The amount of a noncontingent indebtedness of a successor
to the estate if due, or its present value if not due, shall be
offset against the successor's interest; but the successor has
the benefit of any defense which would be available to the
successor in a direct proceeding for recovery of the debt.
HIST: 1974 c 442 art 3 s 524.3-903; 1986 c 444
==524.3-904
524.3-904 Interest on general pecuniary devise.
General pecuniary devises bear interest at the legal rate
beginning one year after the first appointment of a personal
representative until payment, unless a contrary intent is
indicated by the will.
HIST: 1974 c 442 art 3 s 524.3-904
==524.3-905
524.3-905 Repealed, 1994 c 472 s 64
==524.3-906
524.3-906 Distribution in kind; valuation; method.
(a) Unless a contrary intention is indicated by the will,
the distributable assets of a decedent's estate shall be
distributed in kind to the extent possible through application
of the following provisions:
(1) A specific devisee is entitled to distribution of the
thing devised, and a spouse or child who has selected particular
assets of an estate shall receive the items selected.
(2) Any statutory allowances or devise payable in money may
be satisfied by value in kind provided
(i) the person entitled to the payment has not demanded
payment in cash;
(ii) the property distributed in kind is valued at fair
market value as of the date of its distribution, and
(iii) no residuary devisee has requested that the asset in
question remain a part of the residue of the estate.
(3) For the purpose of valuation under paragraph (2)
securities regularly traded on recognized exchanges, if
distributed in kind, are valued at the price for the last sale
of like securities, traded on the business day prior to
distribution, or if there was no sale on that day, at the median
between amounts bid and offered at the close of that day.
Assets consisting of sums owed the decedent or the estate by
solvent debtors as to which there is no known dispute or defense
are valued at the sum due with accrued interest or discounted to
the date of distribution. For assets which do not have readily
ascertainable values, a valuation as of a date not more than 30
days prior to the date of distribution, if otherwise reasonable,
controls. For purposes of facilitating distribution, the
personal representative may ascertain the value of the assets as
of the time of the proposed distribution in any reasonable way,
including the employment of qualified appraisers, even if the
assets may have been previously appraised.
(4) The residuary estate shall be distributed in kind if
there is no objection to the proposed distribution and it is
practicable to distribute undivided interests. In other cases,
residuary property may be converted into cash for distribution.
(b) After the probable charges against the estate are
known, the personal representative may mail or deliver a
proposal for distribution to all persons who have a right to
object to the proposed distribution. The right of any
distributee to object to the proposed distribution on the basis
of the kind or value of asset the distributee is to receive, if
not waived earlier in writing, terminates if the distributee
fails to object in writing received by the personal
representative within 30 days after mailing or delivery of the
proposal.
HIST: 1974 c 442 art 3 s 524.3-906; 1975 c 347 s 60; 1986 c
444
==524.3-907
524.3-907 Distribution in kind; evidence.
If distribution in kind is made, the personal
representative shall execute an instrument or deed of
distribution assigning, transferring or releasing the assets to
the distributee as evidence of the distributee's title to the
property.
HIST: 1974 c 442 art 3 s 524.3-907
==524.3-908
524.3-908 Distribution; right or title of distributee.
Proof that a distributee has received an instrument or deed
of distribution of assets in kind, or payment in distribution,
from a personal representative, is conclusive evidence that the
distributee has succeeded to the interest of the decedent and
the estate in the distributed assets, as against all persons
interested in the estate, except that the personal
representative may recover the assets or their value if the
distribution was improper.
HIST: 1974 c 442 art 3 s 524.3-908; 1976 c 161 s 9
==524.3-909
524.3-909 Improper distribution; liability of
distributee.
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 the distributee or claimant has the property. A distributee
or claimant who does not have the property is liable to return
the value as of the date of disposition of the property
improperly received and any income and gain received.
HIST: 1974 c 442 art 3 s 524.3-909; 1986 c 444
==524.3-910
524.3-910 Purchasers from distributees protected.
If property distributed in kind or a security interest
therein is acquired by a purchaser, or lender, for value from a
distributee who has received an instrument or deed of
distribution from the personal representative, the purchaser or
lender takes title free of any claims of the estate and any
interested person, and incurs no personal liability to them,
whether or not the distribution was proper. To be protected
under this provision, a purchaser or lender need not inquire
whether a personal representative acted properly in making the
distribution in kind.
HIST: 1974 c 442 art 3 s 524.3-910; 1975 c 347 s 61; 1976 c
161 s 10
==524.3-911
524.3-911 Partition for purpose of distribution.
When two or more heirs or devisees are entitled to
distribution of undivided interests in any real or personal
property of the estate, the personal representative or one or
more of the heirs or devisees may petition the court prior to
the formal or informal closing of the estate, to make
partition. After notice to the interested heirs or devisees,
the court shall partition the property in the same manner as
provided by the law for civil actions of partition. The court
may direct the personal representative to sell any property
which cannot be partitioned without prejudice to the owners and
which cannot conveniently be allotted to any one party.
HIST: 1974 c 442 art 3 s 524.3-911
==524.3-912
524.3-912 Private agreements among successors to
decedent binding on personal representative.
Subject to the rights of creditors and taxing authorities,
competent successors may agree among themselves to alter the
interests, shares, or amounts to which they are entitled under
the will of the decedent, or under the laws of intestacy, in any
way that they provide in a written contract executed by all who
are affected by its provisions. The personal representative
shall abide by the terms of the agreement subject to the
obligation to administer the estate for the benefit of
creditors, to pay all taxes and costs of administration, and to
carry out the responsibilities of office for the benefit of any
successors of the decedent who are not parties. Personal
representatives of decedent's estates are not required to see to
the performance of trusts if the trustee thereof is another
person who is willing to accept the trust. Accordingly,
trustees of a testamentary trust are successors for the purposes
of this section. Nothing herein relieves trustees of any duties
owed to beneficiaries of trusts.
HIST: 1974 c 442 art 3 s 524.3-912; 1986 c 444
==524.3-913
524.3-913 Distributions to trustee.
Qualification by a court of a testamentary trustee is not
required before distributions can be made by a personal
representative to the trustee, unless qualification is expressly
requested by will or demanded by an interested person as follows:
(1) by written demand delivered or mailed to the personal
representative, or
(2) by petition to the court having jurisdiction over the
probate estate.
If demand is made, the personal representative shall
require proof of qualification of the trustee in a court of
competent jurisdiction and the personal representative shall not
make distributions to the trustee until the trustee is qualified
by the court.
This section applies to all testamentary trusts without
regard to the date of execution of the will or to the date of
death of the testator.
HIST: 1974 c 442 art 3 s 524.3-913; 1975 c 347 s 62; 1985 c 10
s 1; 1991 c 4 s 2
==524.3-914
524.3-914 Unclaimed assets.
If any asset of the estate has not been distributed because
the person entitled thereto cannot be found or refuses to accept
the same, or for any other good and sufficient reason the same
has not been paid over, the court may direct the personal
representative to deposit the same with the county treasurer,
taking duplicate receipts therefor, one of which the personal
representative shall file with the county auditor and the other
in the court. If the money on hand exceeds the sum of $5,000,
the court may direct the county treasurer to invest the funds,
and the county treasurer shall collect the interest on these
investments as it becomes due, and the money so collected or
deposited shall be credited to the county revenue fund. Upon
petition to the court within 21 years after such deposit, and
upon notice to the county attorney and county treasurer, the
court may direct the county auditor to issue to the person
entitled thereto the county auditor's warrant for the amount of
the money so on deposit including the interest collected. No
interest shall be allowed or paid thereon, except as herein
provided, and if not claimed within such time no recovery
thereof shall be had. The county treasurer, with the approval
of the court, may make necessary sales, exchanges,
substitutions, and transfers of investments and may present the
same for redemption and invest the proceeds.
HIST: 1974 c 442 art 3 s 524.3-914; 1975 c 347 s 63; 1986 c
444; 1995 c 130 s 14; 1996 c 338 art 2 s 6
==524.3-915
524.3-915 Distribution to person under disability.
(a) A personal representative may discharge the obligation
to distribute to any person under legal disability by
distributing to the person's guardian or conservator, or any
other person authorized by this chapter or otherwise to give a
valid receipt and discharge for the distribution.
(b) When a minor child receives or is entitled to
distribution of personal property the court may order and direct
the personal representative of the estate to make payment of not
to exceed $2,000 thereof to the parent or parents, custodian, or
the person, corporation, or institution with whom the minor
child is, for the benefit, support, maintenance, and education
of the minor child or may direct the investment of the whole or
any part thereof in a savings account, savings certificate, or
certificate of deposit in a bank, savings bank, or savings
association having deposit insurance, in the name of the minor
child. When so invested the savings account passbook, savings
certificate, certificate of deposit, or other acknowledgment of
receipt of the deposit by the depository as the case may be, is
to be kept as provided by the court, and the depository shall be
instructed not to allow such investment to be withdrawn, except
by order of the court. The court may authorize the use of any
part or all thereof to purchase United States government savings
bonds in the minor's name the bonds to be kept as provided by
the court and to be retained until the minor reaches majority
unless otherwise authorized by an order of the court.
HIST: 1974 c 442 art 3 s 524.3-915; 1975 c 347 s 64; 1986 c
444; 1995 c 202 art 1 s 25
==524.3-916
524.3-916 Apportionment of estate taxes and
generation-skipping tax.
(a) For purposes of this section:
(1) "estate" means the gross estate of a decedent as
determined for the purpose of federal estate tax or the estate
tax payable to this state;
(2) "decedent's generation-skipping transfers" means all
generation-skipping transfers as determined for purposes of the
federal generation-skipping tax which occur by reason of the
decedent's death which relate to property which is included in
the decedent's estate;
(3) "person" means any individual, partnership,
association, joint stock company, corporation, limited liability
company, government, political subdivision, governmental agency,
or local governmental agency;
(4) "person interested in the estate" means any person
entitled to receive, or who has received, from a decedent or by
reason of the death of a decedent any property or interest
therein included in the decedent's estate. It includes a
personal representative, guardian, conservator, trustee, and
custodian;
(5) "state" means any state, territory, or possession of
the United States, the District of Columbia, and the
Commonwealth of Puerto Rico;
(6) "estate tax" means the federal estate tax and the state
estate tax determined by the commissioner of revenue pursuant to
chapter 291 and interest and penalties imposed in addition to
the tax;
(7) "decedent's generation-skipping tax" means the federal
generation-skipping tax imposed on the decedent's
generation-skipping transfers and interest and penalties imposed
in addition to the tax;
(8) "fiduciary" means personal representative or trustee.
(b) Unless the will or other governing instrument otherwise
provides:
(1) the estate tax shall be apportioned among all persons
interested in the estate. The apportionment is to be made in
the proportion that the value of the interest of each person
interested in the estate bears to the total value of the
interests of all persons interested in the estate. The values
used in determining the tax are to be used for that purpose; and
(2) the decedent's generation-skipping tax shall be
apportioned as provided by federal law. To the extent not
provided by federal law, the decedent's generation-skipping tax
shall be apportioned among all persons receiving the decedent's
generation-skipping transfers whose tax apportionment is not
provided by federal law in the proportion that the value of the
transfer to each person bears to the total value of all such
transfers.
If the decedent's will or other written instrument directs
a method of apportionment of estate tax or of the decedent's
generation-skipping tax different from the method described in
this section, the method described in the will or other written
instrument controls provided, however, that:
(i) unless the decedent's will or other written instrument
specifically indicates an intent to waive any right of recovery
under section 2207A of the Internal Revenue Code of 1986, as
amended, estate taxes must be apportioned under the method
described in this section to property included in the decedent's
estate under section 2044 of the Internal Revenue Code of 1986,
as amended; and
(ii) unless the decedent's will or other written instrument
specifically indicates an intent to waive any right of recovery
under section 2207B of the Internal Revenue Code of 1986, as
amended, estate taxes must be apportioned under the method
described in this section to property included in the decedent's
estate under section 2036 of the Internal Revenue Code of 1986,
as amended.
(c)(1) The court in which venue lies for the administration
of the estate of a decedent, on petition for the purpose may
determine the apportionment of the estate tax or of the
decedent's generation-skipping tax.
(2) If the court finds that it is inequitable to apportion
interest and penalties in the manner provided in subsection (b),
because of special circumstances, it may direct apportionment
thereof in the manner it finds equitable.
(3) If the court finds that the assessment of penalties and
interest assessed in relation to the estate tax or the
decedent's generation-skipping tax is due to delay caused by the
negligence of the fiduciary, the court may charge the fiduciary
with the amount of the assessed penalties and interest.
(4) In any action to recover from any person interested in
the estate the amount of the estate tax or of the decedent's
generation-skipping tax apportioned to the person in accordance
with this section the determination of the court in respect
thereto shall be prima facie correct.
(d)(1) The personal representative or other person in
possession of the property of the decedent required to pay the
estate tax or the decedent's generation-skipping tax may
withhold from any property distributable to any person
interested in the estate, upon its distribution, the amount of
any taxes attributable to the person's interest. If the
property in possession of the personal representative or other
person required to pay any taxes and distributable to any person
interested in the estate is insufficient to satisfy the
proportionate amount of the taxes determined to be due from the
person, the personal representative or other person required to
pay any taxes may recover the deficiency from the person
interested in the estate. If the property is not in the
possession of the personal representative or the other person
required to pay any taxes, the personal representative or the
other person required to pay any taxes may recover from any
person interested in the estate the amount of any taxes
apportioned to the person in accordance with this section.
(2) If property held by the personal representative or
other person in possession of the property of the decedent
required to pay the estate tax or the decedent's
generation-skipping tax is distributed prior to final
apportionment of the estate tax or the decedent's
generation-skipping tax, the distributee shall provide a bond or
other security for the apportionment liability in the form and
amount prescribed by the personal representative or other
person, as the case may be.
(e)(1) In making an apportionment, allowances shall be made
for any exemptions granted, any classification made of persons
interested in the estate and for any deductions and credits
allowed by the law imposing the tax.
(2) Any exemption or deduction allowed by reason of the
relationship of any person to the decedent, by reason of the
purposes of the gift, or by allocation to the gift (either by
election by the fiduciary or by operation of federal law),
inures to the benefit of the person bearing such relationship or
receiving the gift; but if an interest is subject to a prior
present interest which is not allowable as a deduction, the tax
apportionable against the present interest shall be paid from
principal.
(3) Any deduction for property previously taxed and any
credit for gift taxes or death taxes of a foreign country paid
by the decedent or the decedent's estate inures to the
proportionate benefit of all persons liable to apportionment.
(4) Any credit for inheritance, succession or estate taxes
or taxes in the nature thereof applicable to property or
interests includable in the estate, inures to the benefit of the
persons or interests chargeable with the payment thereof to the
extent proportionately that the credit reduces the tax.
(5) To the extent that property passing to or in trust for
a surviving spouse or any charitable, public or similar gift or
devise is not an allowable deduction for purposes of the estate
tax solely by reason of an estate tax imposed upon and
deductible from the property, the property is not included in
the computation provided for in subsection (b)(1) hereof, and to
that extent no apportionment is made against the property. The
sentence immediately preceding does not apply to any case if the
result would be to deprive the estate of a deduction otherwise
allowable under section 2053(d) of the Internal Revenue Code of
1986, as amended, of the United States, relating to deduction
for state death taxes on transfers for public, charitable, or
religious uses.
(f) No interest in income and no estate for years or for
life or other temporary interest in any property or fund is
subject to apportionment as between the temporary interest and
the remainder. The estate tax on the temporary interest and the
estate tax, if any, on the remainder is chargeable against the
corpus of the property or funds subject to the temporary
interest and remainder. The decedent's generation-skipping tax
is chargeable against the property which constitutes the
decedent's generation-skipping transfer.
(g) Neither the personal representative nor other person
required to pay the tax is under any duty to institute any
action to recover from any person interested in the estate the
amount of the estate tax or of the decedent's
generation-skipping tax apportioned to the person until the
final determination of the tax. A personal representative or
other person required to pay the estate tax or decedent's
generation-skipping tax who institutes the action within a
reasonable time after final determination of the tax is not
subject to any liability or surcharge because any portion of the
tax apportioned to any person interested in the estate was
collectible at a time following the death of the decedent but
thereafter became uncollectible. If the personal representative
or other person required to pay the estate tax or decedent's
generation-skipping tax cannot collect from any person
interested in the estate the amount of the tax apportioned to
the person, the amount not recoverable shall be equitably
apportioned among the other persons interested in the estate who
are subject to apportionment of the tax involved.
(h) A personal representative acting in another state or a
person required to pay the estate tax or decedent's
generation-skipping tax domiciled in another state may institute
an action in the courts of this state and may recover a
proportionate amount of the federal estate tax, of an estate tax
payable to another state or of a death duty due by a decedent's
estate to another state, or of the decedent's
generation-skipping tax, from a person interested in the estate
who is either domiciled in this state or who owns property in
this state subject to attachment or execution. For the purposes
of the action the determination of apportionment by the court
having jurisdiction of the administration of the decedent's
estate in the other state is prima facie correct.
HIST: 1975 c 347 s 65; 1979 c 303 art 3 s 33; 1986 c 444; 1995
c 130 s 15; 1999 c 171 s 3
==524.4-101
524.4-101 Definitions.
In this article
(1) "local administration" means administration by a
personal representative appointed in this state pursuant to
appointment proceedings described in article 3.
(2) "local personal representative" includes any personal
representative appointed in this state pursuant to appointment
proceedings described in article 3 and excludes foreign personal
representatives who acquire the power of a local personal
representative pursuant to section 524.4-205.
(3) "resident creditor" means a person domiciled in, or
doing business in this state, who is, or could be, a claimant
against an estate of a nonresident decedent.
HIST: 1974 c 442 art 4 s 524.4-101
==524.4-201
524.4-201 Payment of debt and delivery of property to
domiciliary foreign personal representative without local
administration.
At any time after the expiration of 60 days from the death
of a nonresident decedent, any person indebted to the estate of
the nonresident decedent or having possession or control of an
instrument evidencing a debt, obligation, stock or chose in
action belonging to the estate of the nonresident decedent may
pay the debt, deliver the instrument evidencing the debt,
obligation, stock or chose in action, to the domiciliary foreign
personal representative of the nonresident decedent upon being
presented with proof of appointment and an affidavit made by or
on behalf of the representative stating:
(1) the date of the death of the nonresident decedent,
(2) that no local administration, or application or
petition therefor, is pending in this state,
(3) that the domiciliary foreign personal representative is
entitled to payment or delivery.
HIST: 1974 c 442 art 4 s 524.4-201; 1975 c 347 s 71; 1986 c
444
==524.4-202
524.4-202 Payment or delivery discharges.
Payment or delivery made in good faith on the basis of the
proof of authority and affidavit releases the debtor or person
having possession of the instrument evidencing the debt,
obligation, stock or chose in action to the same extent as if
payment or delivery had been made to a local personal
representative.
HIST: 1974 c 442 art 4 s 524.4-202; 1975 c 347 s 72
==524.4-203
524.4-203 Resident creditor notice.
Payment or delivery under section 524.4-201 may not be made
if a resident creditor of the nonresident decedent has notified
the debtor of the nonresident decedent or the person having
possession of the instrument evidencing the debt, obligation,
stock or chose in action belonging to the nonresident decedent
that the debt should not be paid nor such instrument delivered
to the domiciliary foreign personal representative.
HIST: 1974 c 442 art 4 s 524.4-203; 1975 c 347 s 73
==524.4-204
524.4-204 Proof of authority-bond.
If no local administration or application or petition
therefor is pending in this state, a domiciliary foreign
personal representative may file the following with a court in
this state in a county in which property belonging to the
decedent is located:
(1) A certified or authenticated copy of the appointment
and of any official bond given, and
(2) Notice of an intention to exercise as to assets in this
state all powers of a local personal representative and to
maintain actions and proceedings in this state in accordance
with section 524.4-205.
When a domiciliary foreign personal representative files a
certified or authenticated copy of the appointment and of any
official bond and a notice in accordance with the preceding
sentence, the court administrator shall forthwith publish, at
the expense of the estate, a notice once a week for two
consecutive weeks in a legal newspaper in the county, giving the
name and address of the domiciliary foreign personal
representative and stating an intention to exercise as to assets
in this state all powers of a local personal representative and
to maintain actions and proceedings in this state in accordance
with section 524.4-205.
HIST: 1974 c 442 art 4 s 524.4-204; 1975 c 347 s 74; 1986 c
444; 1Sp1986 c 3 art 1 s 82
==524.4-205
524.4-205 Powers.
At any time after the expiration of 60 days from a
domiciliary foreign personal representative's filing in
accordance with section 524.4-204 such domiciliary foreign
personal representative may exercise as to assets in this state
all powers of a local personal representative and may maintain
actions and proceedings in this state subject to any conditions
imposed upon nonresident parties generally. The power of a
domiciliary foreign personal representative under this section
shall not be exercised if a resident creditor of the nonresident
decedent has filed a written objection thereto within 60 days
from the domiciliary foreign personal representative's filing in
accordance with section 524.4-204.
HIST: 1974 c 442 art 4 s 524.4-205; 1975 c 347 s 75
==524.4-206
524.4-206 Power of representatives in transition.
The power of a domiciliary foreign personal representative
under section 524.4-201 or 524.4-205 shall be exercised only if
there is no administration or application therefor pending in
this state. Any application or petition for local
administration of the estate terminates the power of the foreign
personal representative to act under sections 524.4-201 and
524.4-205, but the local court may allow the foreign personal
representative to exercise limited powers to preserve the
estate. No assets which have been removed from this state by
the foreign personal representative through exercise of powers
under section 524.4-201 or 524.4-205 shall be subject to
subsequent local administration. No person who, before
receiving actual notice of a pending local administration, has
changed position in reliance upon the powers of a foreign
personal representative or who is a distributee from the foreign
personal representative shall be prejudiced by reason of the
application or petition for, or grant of, local administration.
The local personal representative is subject to all rights in
others and all duties and obligations which have accrued by
virtue of the exercise of the powers by the foreign personal
representative and may be substituted for the foreign personal
representative in any action or proceedings in this state.
HIST: 1974 c 442 art 4 s 524.4-206; 1975 c 347 s 76; 1986 c
444
==524.4-207
524.4-207 Ancillary and other local administrations;
provisions governing.
In respect to a nonresident decedent, the provisions of
article 3 of this chapter govern (1) proceedings, if any, in a
court of this state for probate of the will, appointment,
removal, supervision, and discharge of the local personal
representative, and any other order concerning the estate; and
(2) the status, powers, duties and liabilities of any local
personal representative and the rights of claimants, purchasers,
distributees and others in regard to a local administration.
HIST: 1974 c 442 art 4 s 524.4-207
==524.4-301
524.4-301 Jurisdiction by act of foreign personal
representative.
A foreign personal representative submits personally to the
jurisdiction of the courts of this state in any proceeding
relating to the estate by (1) filing certified or authenticated
copies of the appointment as provided in section 524.4-204, (2)
receiving payment of money or taking delivery of property under
section 524.4-201, or (3) doing any act as a personal
representative in this state which would have given the state
jurisdiction over the personal representative as an individual.
Jurisdiction under (2) is limited to the money or value of
personal property collected.
HIST: 1974 c 442 art 4 s 524.4-301; 1975 c 347 s 77; 1986 c
444
==524.4-302
524.4-302 Jurisdiction by act of decedent.
In addition to jurisdiction conferred by section 524.4-301,
a foreign personal representative is subject to the jurisdiction
of the courts of this state to the same extent that the decedent
was subject to jurisdiction immediately prior to death.
HIST: 1974 c 442 art 4 s 524.4-302; 1986 c 444
==524.4-303
524.4-303 Service on foreign and nonresident personal
representatives.
(a) Service of process may be made upon a foreign personal
representative and a nonresident personal representative
appointed in this state by registered or certified mail,
addressed to the last reasonably ascertainable address,
requesting a return receipt signed by addressee only. Notice by
ordinary first class mail is sufficient if registered or
certified mail service to the addressee is unavailable. Service
may be made upon a foreign personal representative or a
nonresident personal representative appointed in this state in
the manner in which service could have been made under other
laws of this state on either the foreign personal
representative, the nonresident personal representative
appointed in this state, or the decedent immediately prior to
death.
(b) If service is made upon a foreign personal
representative or a nonresident personal representative
appointed in this state as provided in subsection (a), the
person served shall be allowed at least 30 days within which to
appear or respond.
HIST: 1974 c 442 art 4 s 524.4-303; 1975 c 347 s 78; 1986 c
444
==524.4-401
524.4-401 Effect of adjudication for or against personal
representative.
An adjudication rendered in any jurisdiction in favor of or
against any personal representative of the estate is as binding
on the local personal representative as if the local personal
representative were a party to the adjudication.
HIST: 1974 c 442 art 4 s 524.4-401; 1986 c 444
==524.5-501
524.5-501 Repealed, 1984 c 603 s 29
==524.5-502
524.5-502 Repealed, 1984 c 603 s 29
==524.5-505
524.5-505 Delegation of powers by parent or guardian.
(a) A parent or a guardian of a minor or incapacitated
person, by a properly executed power of attorney, may delegate
to another person, for a period not exceeding six months, any
powers regarding care, custody, or property of the minor or
ward, except the power to consent to marriage or adoption of a
minor ward.
(b) A parent who executes a delegation of powers under this
section must mail or give a copy of the document to any other
parent within 30 days of its execution unless:
(1) the other parent does not have visitation rights or has
supervised visitation rights; or
(2) there is an existing order for protection under chapter
518B or a similar law of another state in effect against the
other parent to protect the parent executing the delegation of
powers or the child.
(c) A parent of a minor child may also delegate those
powers by designating a standby or temporary custodian under
chapter 257B.
HIST: 1982 c 472 s 1; 1986 c 444; 1996 c 455 art 6 s 15; 1997
c 65 s 5; 2000 c 404 s 12; 2000 c 458 s 7
==524.6-201
524.6-201 Definitions.
Subdivision 1. As used in sections 524.6-201 to 524.6-214,
the terms defined in this section have the meanings given them.
Subd. 2. "Account" means a contract of deposit of funds
between a depositor and a financial institution, and includes a
checking account, savings account, certificate of deposit, share
account and other like arrangement.
Subd. 3. "Financial institution" means any organization
authorized to do business under state or federal laws relating
to financial institutions, including, without limitation, banks
and trust companies, savings banks, savings associations, and
credit unions.
Subd. 4. "Joint account" means an account so designated,
and any account payable on request to one or more of two or more
parties and to the survivor of them.
Subd. 5. A "multiple-party account" means a joint account
or a P.O.D. account. It does not include accounts established
for deposit of funds of a partnership, joint venture, or other
association for business purposes, or accounts controlled by one
or more persons as the duly authorized agent or trustee for a
person, corporation, unincorporated association, charitable or
civic organization or a regular fiduciary or trust account where
the relationship is established other than by deposit agreement.
Subd. 6. "Net contribution" of a party to a joint account
as of any given time is the sum of all deposits thereto made by
or for the party, less all withdrawals made by or for the party
which have not been paid to or applied to the use of any other
party, plus a pro rata share of any interest or dividends
included in the current balance. The term includes any proceeds
of deposit life insurance added to the account by reason of the
death of the party whose net contribution is in question.
Subd. 7. "Party" means a person who, by the terms of the
account, has a present right, subject to request, to payment
from a multiple-party account. A P.O.D. payee is a party only
after the account becomes payable by reason of the payee
surviving the original party. Unless the context otherwise
requires, it includes a guardian, conservator, personal
representative, or assignee, including an attaching creditor, of
a party. It also includes a person identified as a trustee of
an account for another whether or not a beneficiary is named,
but it does not include any named beneficiary unless the
beneficiary has a present right of withdrawal.
Subd. 8. "Payment" of sums on deposit includes withdrawal,
payment on check or other directive of a party, and any pledge
of sums on deposit by a party and any setoff, or reduction or
other disposition of all or part of an account pursuant to a
pledge.
Subd. 9. "Proof of death" includes (a) a certified or
authenticated copy of a death record purporting to be issued by
an official or agency of the place where the death purportedly
occurred which shall be prima facie proof of the fact, place,
date and time of death and the identity of the decedent, (b) a
certified or authenticated copy of any record or report of any
governmental agency, domestic or foreign, that a person is dead
which shall be prima facie evidence of the fact, place, date and
time of death and the identity of the decedent.
Subd. 10. "P.O.D. account" means an account payable on
request to one or more parties and on the death of the parties
to one or more P.O.D. payees. The term also means an account in
the name of one or more parties as trustee for one or more
beneficiaries where the relationship is established by the form
of the account and the deposit agreement with the financial
institution and there is no subject of the trust other than the
sums on deposit in the account. A P.O.D. account does not
include a trust account established under a testamentary trust
or inter vivos trust, or a fiduciary account arising from a
fiduciary relationship such as attorney-client.
Subd. 11. "P.O.D. payee" means a person designated on a
P.O.D. account as one to whom the account is payable on request
after the death of one or more persons.
Subd. 12. "Request" means a proper request for
withdrawals, or a check or order for payment, which complies
with all conditions of the account, including special
requirements concerning necessary signatures and regulations of
the financial institution; but if the financial institution
conditions withdrawal or payment on advance notice, for purposes
of this part the request for withdrawal or payment is treated as
immediately effective and a notice of intent to withdraw is
treated as a request for withdrawal.
Subd. 13. "Sums on deposit" means the balance payable on a
multiple-party account including interest, dividends and, in
addition, any deposit life insurance proceeds added to the
account by reason of the death of a party.
Subd. 14. "Withdrawal" includes payment to a third person
pursuant to check or other directive of a party.
HIST: 1973 c 619 s 2; 1985 c 292 s 9-11; 1986 c 444; 1987 c
384 art 2 s 1; 1994 c 472 s 63; 1995 c 202 art 1 s 25; 1Sp2001 c
9 art 15 s 32
==524.6-202
524.6-202 Ownership as between parties, and others;
protection of financial institutions.
The provisions of sections 524.6-203 to 524.6-205
concerning beneficial ownership as between parties, or as
between parties and P.O.D. payees or beneficiaries of
multiple-party accounts, are relevant only to controversies
between these persons and their creditors and other successors,
and have no bearing on the power of withdrawal of these persons
as determined by the terms of account contracts. The provisions
of sections 524.6-208 to 524.6-212 govern the liability of
financial institutions who make payments pursuant thereto, and
their setoff rights.
HIST: 1973 c 619 s 3; 1994 c 472 s 63
==524.6-203
524.6-203 Ownership during lifetime.
(a) A joint account belongs, during the lifetime of all
parties, to the parties in proportion to the net contributions
by each to the sums on deposit, unless there is clear and
convincing evidence of a different intent.
(b) A P.O.D. account belongs to the original purchasing or
depositing party during the party's lifetime and not to the
P.O.D. payee or payees; if two or more parties are named as
original parties, during their lifetimes, rights as between them
are governed by clause (a).
HIST: 1973 c 619 s 4; 1985 c 292 s 12; 1994 c 472 s 63
==524.6-204
524.6-204 Right of survivorship.
(a) Sums remaining on deposit at the death of a party to a
joint account belong to the surviving party or parties as
against the estate of the decedent unless there is clear and
convincing evidence of a different intention, or there is a
different disposition made by a valid will as herein provided,
specifically referring to such account. If there are two or
more surviving parties, their respective ownerships during
lifetime shall be in proportion to their previous ownership
interests under section 524.6-203 augmented by an equal share
for each survivor of any interest the decedent may have owned in
the account immediately before death; and the right of
survivorship continues between the surviving parties. The
interest so determined is also the interest disposable by will.
(b) If the account is a P.O.D. account, on the death of the
original party or of the survivor of two or more original
parties, any sums remaining on deposit belong to the P.O.D.
payees if surviving, or to the survivor of them if one or more
die before the surviving original party; if two or more P.O.D.
payees survive, there is no right of survivorship in event of
death of a P.O.D. payee thereafter unless the terms of the
account or deposit agreement expressly provide for survivorship
between them.
(c) In other cases, the death of any party to a
multiple-party account has no effect on beneficial ownership of
the account other than to transfer the rights of the decedent as
part of the estate.
(d) A right of survivorship arising from the express terms
of the account, or under this section, or under a P.O.D. payee
designation, may be changed by specific reference by will, but
the terms of such will shall not be binding upon any financial
institution unless it has been given a notice in writing of a
claim thereunder, in which event the deposit shall remain
undisbursed until an order has been made by the probate court
adjudicating the decedent's interest disposable by will.
HIST: 1973 c 619 s 5; 1985 c 292 s 13; 1994 c 472 s 63
==524.6-205
524.6-205 Effect of a written notice to financial
institution.
The provisions of section 524.6-204 as to rights of
survivorship are determined by the form of the account at the
death of a party. This form may be altered by written order
given by a party to the financial institution to change the form
of the account or to stop or vary payment under the terms of the
account. The order or request must be signed by a party and
received by the financial institution during the party's
lifetime.
HIST: 1973 c 619 s 6; 1985 c 292 s 14; 1994 c 472 s 63
==524.6-206
524.6-206 Accounts and transfers nontestamentary.
Any transfers resulting from the application of section
524.6-204 are effective by reason of the account contracts
involved and this statute, and are not to be considered as
subject to probate except as to the transfers expressly changed
by will, as provided for by section 524.6-204, clause (d).
HIST: 1973 c 619 s 7; 1985 c 292 s 15; 1994 c 472 s 63
==524.6-207
524.6-207 Rights of creditors.
No multiple-party account will be effective against an
estate of a deceased party to transfer to a survivor sums needed
to pay debts, taxes, and expenses of administration, including
statutory allowances to the surviving spouse, minor children and
dependent children or against the state or a county agency with
a claim authorized by section 256B.15, if other assets of the
estate are insufficient, to the extent the deceased party is the
source of the funds or beneficial owner. A surviving party or
P.O.D. payee who receives payment from a multiple-party account
after the death of a deceased party shall be liable to account
to the deceased party's personal representative or the state or
a county agency with a claim authorized by section 256B.15 for
amounts the decedent owned beneficially immediately before death
to the extent necessary to discharge any such claims and charges
remaining unpaid after the application of the assets of the
decedent's estate. No proceeding to assert this liability shall
be commenced by the personal representative unless the personal
representative has received a written demand by a surviving
spouse, a creditor or one acting for a minor dependent child of
the decedent, and no proceeding shall be commenced later than
two years following the death of the decedent. Sums recovered
by the personal representative shall be administered as part of
the decedent's estate. This section shall not affect the right
of a financial institution to make payment on multiple-party
accounts according to the terms thereof, or make it liable to
the estate of a deceased party unless, before payment, the
institution has been served with process in a proceeding by the
personal representative or the state or a county agency with a
claim authorized by section 256B.15, or has been presented by
the state or a county agency with a claim authorized by section
256B.15 with an affidavit pursuant to section 524.3-1201. Upon
being presented with such an affidavit, the financial
institution shall make payment of the multiple-party account to
the affiant in an amount equal to the lesser of the claim stated
in the affidavit or the extent to which the affidavit identifies
the decedent as the source of funds or beneficial owner of the
account.
HIST: 1973 c 619 s 8; 1985 c 292 s 16; 1994 c 472 s 63; 1995 c
207 art 2 s 35; 1997 c 217 art 2 s 19
==524.6-208
524.6-208 Financial institution protection; payment on
signature of one party.
Financial institutions may enter into multiple-party
accounts to the same extent that they may enter into
single-party accounts. Any multiple-party account may be paid,
on request, to any one or more of the parties. A financial
institution shall not be required to inquire as to the source of
funds received for deposit to a multiple-party account, or to
inquire as to the proposed application of any sum withdrawn from
an account.
A minor may be a party to a joint account.
HIST: 1973 c 619 s 9; 1985 c 292 s 17; 1994 c 472 s 63
==524.6-209
524.6-209 Financial institution protection; payment
after death or disability; joint account.
Any sums in a joint account may be paid, on request, to any
party without regard to whether any other party is incapacitated
or deceased at the time the payment is demanded; but payment may
not be made to the personal representative or heirs of a
deceased party unless proofs of death are presented to the
financial institution showing that the decedent was the last
surviving party or unless there is no right of survivorship
under section 524.6-204, or unless a will provides other
distribution; in which case the procedure set forth in section
524.6-204, clause (d), shall be followed. A minor may be a
party to a joint account.
HIST: 1973 c 619 s 10; 1985 c 292 s 18; 1994 c 472 s 63
==524.6-210
524.6-210 Financial institution protection; payment of
P.O.D. account.
Any P.O.D. account may be paid, on request, to any original
party to the account. Payment of the interest of a P.O.D. payee
may be made, on request, to the P.O.D. payee or to the personal
representative or heirs of a deceased P.O.D. payee upon
presentation to the financial institution of proof of death
showing that the P.O.D. payee survived all persons named as
original parties. Payment may be made to the personal
representative or heirs of a deceased original party if proof of
death is presented to the financial institution showing that the
original party was the survivor of all other persons named on
the account either as an original party or as P.O.D. payee.
HIST: 1973 c 619 s 11; 1985 c 292 s 19; 1994 c 472 s 63
==524.6-211
524.6-211 Financial institution protection; discharge.
Payment made pursuant to sections 524.6-208 to 524.6-210
discharges the financial institution from all claims for amounts
so paid whether or not the payment is consistent with the
beneficial ownership of the account as between parties, P.O.D.
payees, or beneficiaries by will or otherwise, or their
successors. The protection here given does not extend to
payments made after a financial institution has received written
notice from any person entitled to request payment to the effect
that withdrawals in accordance with the terms of the account
should not be permitted. Unless the notice is withdrawn by the
person giving it, the successor of any deceased party and all
other parties entitled to payment must concur in any demand for
withdrawal if the financial institution is to be protected under
this section. No other notice or any other information shown to
have been available to a financial institution shall affect its
right to the protection provided here. The protection here
provided shall not affect the rights of parties in disputes
between themselves or their successors concerning the beneficial
ownership of funds in, or withdrawn from, multiple-party
accounts.
HIST: 1973 c 619 s 13; 1985 c 292 s 20; 1994 c 472 s 63
==524.6-212
524.6-212 Financial institution protection; setoff.
Without qualifying any other statutory right to setoff or
lien and subject to any contractual provision, if a party to a
multiple-party account is indebted to a financial institution,
the financial institution has a right to setoff against the
account in which the party has or had immediately before death a
present right of withdrawal. The amount of the account subject
to setoff is that proportion to which the debtor is, or was
immediately before death, beneficially entitled, and in the
absence of proof of net contributions, to an equal share with
all parties having present rights of withdrawal.
HIST: 1973 c 619 s 14; 1986 c 444; 1994 c 472 s 63
==524.6-213
524.6-213 Forms.
Subdivision 1. Survivorship account. Deposits made
using a form of account containing the following language signed
by the depositor shall be conclusive evidence of the intent of
the depositor, in the absence of fraud or misrepresentation,
subject, nevertheless, to other disposition made by will as
provided in section 524.6-204, clause (d), to establish a
survivorship account:
(a) "I (we) direct that the balance remaining in this
account shall be PAYABLE ON DEATH (of the survivor of us) to:
........................ ........................
........................ ........................
Signed: .................................
.................................
Dated: .............."
(b) "I (we) intend and agree that the balance in this
account, upon the death of any party to this account, shall
belong to the surviving party, or if there are two or more
surviving parties, they shall take as JOINT TENANTS.
Signed: .................................
.................................
Dated: .............."
Subd. 2. Account subject to power of attorney with no
survivorship rights. Where no rights of survivorship are
intended and the account is one to be established for
convenience only between a depositor and an agent, the following
language is recommended for use, and when so used, the account
shall be construed as a matter of law to be an account subject
to a power of attorney with no survivorship rights, the form to
read as follows:
"I .................... (grantor of power), hereby
constitute and appoint .................... (grantee of power),
as my attorney-in-fact, to deposit or withdraw funds held in
.................... (name of bank), in account No. ............
Signed: ...............................
Dated:
Acknowledgment: In the presence of .......................
(an authorized person), ....................... (name of
financial institution)."
The power so granted is subject to the provisions of
sections 508.72, 508A.72, and 523.01 to 523.24.
HIST: 1973 c 619 s 15; 1984 c 603 s 28; 1985 c 292 s 21;
1Sp1986 c 3 art 1 s 63; 1993 c 13 art 2 s 1; 1994 c 472 s 63
==524.6-214
524.6-214 Citation.
Sections 524.6-201 to 524.6-214 may be cited as the
"Minnesota Multiparty Accounts Act."
HIST: 1973 c 619 s 1; 1987 c 384 art 2 s 1; 1994 c 472 s 63
==524.6-301
524.6-301 Definitions.
In sections 524.6-301 to 524.6-311:
(1) "Beneficiary form" means a registration of a security
which indicates the present owner of the security and the
intention of the owner regarding the person who will become the
owner of the security upon the death of the owner.
(2) "Register," including its derivatives, means to issue a
certificate showing the ownership of a certificated security or,
in the case of an uncertificated security, to initiate or
transfer an account showing ownership of securities.
(3) "Registering entity" means a person who originates or
transfers a security title by registration, and includes a
broker maintaining security accounts for customers and a
transfer agent or other person acting for or as an issuer of
securities.
(4) "Security" means a share, participation, or other
interest in property, in a business, or in an obligation of an
enterprise or other issuer, and includes a certificated
security, an uncertificated security, and a security account.
(5) "Security account" means (i) a reinvestment account
associated with a security, a securities account with a broker,
a cash balance in a brokerage account, cash, cash equivalents,
interest, earnings, or dividends earned or declared on a
security in an account, a reinvestment account, or a brokerage
account, whether or not credited to the account before the
owner's death, (ii) an investment management or custody account
with a trust company or a trust division of a bank with trust
powers, including the securities in the account, a cash balance
in the account, and cash, cash equivalents, interest, earnings,
or dividends earned or declared on a security in the account,
whether or not credited to the account before the owner's death,
or (iii) a cash balance or other property held for or due to the
owner of a security as a replacement for or product of an
account security, whether or not credited to the account before
the owner's death.
HIST: 1992 c 461 art 2 s 1; 2001 c 15 s 12
==524.6-302
524.6-302 Registration in beneficiary form; sole or
joint tenancy ownership.
Only individuals whose registration of a security shows
sole ownership by one individual or multiple ownership by two or
more with right of survivorship, rather than as tenants in
common, may obtain registration in beneficiary form. Multiple
owners of a security registered in beneficiary form hold as
joint tenants with right of survivorship, as tenants by the
entireties, or as owners of community property held in
survivorship form, and not as tenants in common.
HIST: 1992 c 461 art 2 s 2
==524.6-303
524.6-303 Registration in beneficiary form; applicable
law.
A security may be registered in beneficiary form if the
form is authorized by this or a similar statute of the state of
organization of the issuer or registering entity, the location
of the registering entity's principal office, the office of its
transfer agent or its office making the registration, or by this
or a similar statute of the law of the state listed as the
owner's address at the time of registration. A registration
governed by the law of a jurisdiction in which this or similar
legislation is not in force or was not in force when a
registration in beneficiary form was made is nevertheless
presumed to be valid and authorized as a matter of contract law.
HIST: 1992 c 461 art 2 s 3
==524.6-304
524.6-304 Origination of registration in beneficiary
form.
A security, whether evidenced by certificate or account, is
registered in beneficiary form when the registration includes a
designation of a beneficiary to take the ownership at the death
of the owner or the deaths of all multiple owners.
HIST: 1992 c 461 art 2 s 4
==524.6-305
524.6-305 Form of registration in beneficiary form.
Registration in beneficiary form may be shown by the words
"transfer on death" or the abbreviation "TOD," or by the words
"pay on death" or the abbreviation "POD," after the name of the
registered owner and before the name of a beneficiary.
HIST: 1992 c 461 art 2 s 5
==524.6-306
524.6-306 Effect of registration in beneficiary form.
The designation of a TOD beneficiary on a registration in
beneficiary form has no effect on ownership until the owner's
death. A registration of a security in beneficiary form may be
canceled or changed at any time by the sole owner or all then
surviving owners without the consent of the beneficiary.
HIST: 1992 c 461 art 2 s 6
==524.6-307
524.6-307 Death of owner; creditors.
Subdivision 1. Ownership on death of owner. On death
of a sole owner or the last to die of all multiple owners,
ownership of securities registered in beneficiary form passes to
the beneficiary or beneficiaries who survive all owners. On
proof of death of all owners and compliance with any applicable
requirements of the registering entity, a security registered in
beneficiary form may be reregistered in the name of the
beneficiary or beneficiaries who survive the death of all
owners. Until division of the security after the death of all
owners, multiple beneficiaries surviving the death of all owners
hold their interests as tenants in common. If no beneficiary
survives the death of all owners, the security belongs to the
estate of the deceased sole owner or the estate of the last to
die of all multiple owners.
Subd. 2. Rights of creditors. A registration in
beneficiary form is not effective against an estate of a
deceased sole owner or a deceased last to die of multiple owners
to transfer to a beneficiary or beneficiaries sums needed to pay
debts, taxes, and expenses of administration, including
statutory allowances to the surviving spouse, minor children,
and dependent children, if other assets of the estate are
insufficient. A TOD beneficiary in whose name a security is
registered after the death of the owner is liable to account to
the deceased owner's personal representative for securities so
registered or their proceeds to the extent necessary to
discharge such claims and charges remaining unpaid after the
application of the assets of the decedent's estate. A
proceeding to assert this liability may not be commenced unless
the personal representative has received a written demand by a
surviving spouse, a creditor, or one acting for a minor
dependent child of the decedent, and a proceeding may not be
commenced later than two years following the death of the
decedent. A beneficiary against whom the proceeding is brought
may elect to transfer to the personal representative the
security registered in the name of the beneficiary after the
death of the deceased owner if the beneficiary still owns the
security, or the net proceeds received by the beneficiary upon
disposition of the security by the beneficiary, and that
transfer fully discharges the beneficiary from all liability
under this subdivision. Amounts or securities recovered by the
personal representative must be administered as part of the
deceased owner's estate.
This subdivision does not affect the right of a registering
entity to register a security in the name of the beneficiary, or
make a registering entity liable to the estate of a deceased
owner, except for a reregistration after a registering entity
has received written notice from any claimant to an interest in
the security objecting to implementation of a registration in
beneficiary form.
HIST: 1992 c 461 art 2 s 7,8
==524.6-308
524.6-308 Protection of registering entity.
(a) A registering entity is not required to offer or to
accept a request for security registration in beneficiary form.
If a registration in beneficiary form is offered by a
registering entity, the owner requesting registration in
beneficiary form assents to the protections given to the
registering entity by sections 524.6-301 to 524.6-311.
(b) By accepting a request for registration of a security
in beneficiary form, the registering entity agrees that the
registration will be implemented on death of the deceased owner
as provided in sections 524.6-301 to 524.6-311.
(c) A registering entity is discharged from all claims to a
security by the estate, creditors, heirs, or devisees of a
deceased owner if it registers a transfer of the security in
accordance with section 524.6-307 and does so in good faith
reliance (i) on the registration, (ii) on sections 524.6-301 to
524.6-311, and (iii) on information provided to it by affidavit
of the personal representative of the deceased owner, or by the
surviving beneficiary or by the surviving beneficiary's
representatives, or other information available to the
registering entity. The protections of sections 524.6-301 to
524.6-311 do not extend to a reregistration or payment made
after a registering entity has received written notice from any
claimant to any interest in the security objecting to
implementation of a registration in beneficiary form. No other
notice or other information available to the registering entity
affects its right to protection under sections 524.6-301 to
524.6-311.
(d) The protection provided by sections 524.6-301 to
524.6-311 to the registering entity of a security does not
affect the rights of beneficiaries in disputes between
themselves and other claimants to ownership of the security
transferred or its value or proceeds.
HIST: 1992 c 461 art 2 s 9
==524.6-309
524.6-309 Nontestamentary transfer; revocation of
designation.
Subdivision 1. Nontestamentary transfer on death.
(a) A transfer on death resulting from a registration in
beneficiary form is effective by reason of the contract
regarding the registration between the owner and the registering
entity and sections 524.6-301 to 524.6-311 and is not
testamentary.
(b) Sections 524.6-301 to 524.6-311 do not limit the rights
of creditors of security owners against beneficiaries and other
transferees under other laws of this state.
Subd. 2. Revocation of beneficiary designation by will.
A registration in beneficiary form may be canceled by
specific reference to the security or the securities account in
the will of the sole owner or the last to die of multiple
owners, but the terms of the revocation are not binding on the
registering entity unless it has received written notice from
any claimant to an interest in the security objecting to
implementation of a registration in beneficiary form prior to
the registering entity reregistering the security. If the
beneficiary designation is canceled, the security belongs to the
estate of the deceased sole owner or the estate or the last to
die of all multiple owners.
HIST: 1992 c 461 art 2 s 10,11
==524.6-310
524.6-310 Terms, conditions, and forms for registration.
(a) A registering entity offering to accept registrations
in beneficiary form may establish the terms and conditions under
which it will receive requests (i) for registrations in
beneficiary form, and (ii) for implementation of registrations
in beneficiary form, including requests for cancellation of
previously registered TOD beneficiary designations and requests
for reregistration to effect a change of beneficiary. The terms
and conditions so established may provide for proving death,
avoiding or resolving any problems concerning fractional shares,
designating primary and contingent beneficiaries, and
substituting a named beneficiary's descendants to take in the
place of the named beneficiary in the event of the beneficiary's
death. Substitution may be indicated by appending to the name
of the primary beneficiary the letters LDPS, standing for
"lineal descendants per stirpes." This designation substitutes
a deceased beneficiary's descendants who survive the owner for a
beneficiary who fails to so survive, the descendants to be
identified and to share in accordance with the law of the
beneficiary's domicile at the owner's death governing
inheritance by descendants of an intestate. Other forms of
identifying beneficiaries who are to take on one or more
contingencies, and rules for providing proofs and assurances
needed to satisfy reasonable concerns by registering entities
regarding conditions and identities relevant to accurate
implementation of registrations in beneficiary form, may be
contained in a registering entity's terms and conditions.
(b) The following are illustrations of registrations in
beneficiary form which a registering entity may authorize:
(1) Sole owner-sole beneficiary: John S. Brown TOD (or POD)
John S. Brown Jr.
(2) Multiple owners-sole beneficiary: John S. Brown Mary B.
Brown JT TEN TOD John S. Brown Jr.
(3) Multiple owners-primary and secondary (substituted)
beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S.
Brown Jr. SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown
JT TEN TOD John S. Brown Jr. LDPS.
HIST: 1992 c 461 art 2 s 12
==524.6-311
524.6-311 Application.
Sections 524.6-301 to 524.6-311 apply to registrations of
securities in beneficiary form made before, on, or after June 1,
1992, by decedents dying on or after June 1, 1992.
HIST: 1992 c 461 art 2 s 13
==524.8-101
524.8-101 Provisions for transition.
Except as provided elsewhere in this chapter, on the
effective date of this chapter:
(1) the chapter applies to any wills of decedents dying
thereafter;
(2) the chapter applies to any proceedings in court then
pending or thereafter commenced regardless of the time of the
death of decedent except to the extent that in the opinion of
the court the former procedure should be made applicable in a
particular case in the interest of justice or because of
infeasibility of application of the procedure of this chapter;
(3) every personal representative including a person
administering an estate of a minor or incompetent holding an
appointment on that date, continues to hold the appointment but
has only the powers conferred by this chapter and is subject to
the duties imposed with respect to any act occurring or done
thereafter;
(4) an act done before the effective date in any proceeding
and any accrued right is not impaired by this chapter. If a
right is acquired, extinguished or barred upon the expiration of
a prescribed period of time which has commenced to run by the
provisions of any statute before the effective date, the
provisions shall remain in force with respect to that right;
(5) any rule of construction or presumption provided in
this chapter applies to instruments executed and multiple party
accounts opened before the effective date unless there is a
clear indication of a contrary intent.
HIST: 1974 c 442 art 8 s 524.8-101; 1975 c 347 s 80
==524.8-102
524.8-102 Repealer.
==524.8-103
524.8-103 Early effective date.
Notwithstanding section 524.8-101, the provisions of Laws
1974, chapter 442 relating to bonds found at sections 524.3-603
to 524.3-606 and Laws 1974, chapter 442, article 9, and that
portion of section 524.8-102 which repeals Minnesota Statutes
1971, sections 525.32 to 525.324, are effective August 1, 1974.
HIST: 1974 c 442 art 8 s 524.8-103
==524.misc2002 Minn. Stats. repealed, etc. secs in chap 524
524.1-105 Repealed, 1975 c 347 s 144
524.1-304 MS 1974 Repealed, 1975 c 347 s 144
524.1-305 Repealed, 1975 c 347 s 144
524.2-112 Repealed, 1994 c 472 s 64
524.2-201 MS 1992 Repealed 1994 c 472 s 64
524.2-202 MS 1992 Repealed 1994 c 472 s 64
524.2-203 MS 1992 Repealed 1994 c 472 s 64
524.2-204 MS 1992 Repealed 1994 c 472 s 64
524.2-205 MS 1992 Repealed 1994 c 472 s 64
524.2-206 MS 1992 Repealed 1994 c 472 s 64
524.2-207 MS 1992 Repealed 1994 c 472 s 64
524.2-603 Repealed, 2001 c 15 s 14
524.2-610 Repealed, 1994 c 472 s 64
524.2-612 Repealed, 1994 c 472 s 64
524.3-304 Repealed, 1975 c 347 s 144
524.3-705 Repealed, 1975 c 347 s 144
524.3-905 Repealed, 1994 c 472 s 64
524.5-501 Repealed, 1984 c 603 s 29
524.5-502 Repealed, 1984 c 603 s 29
524.8-102 Repealer.