Title Minnesota Statutes, Minnesota Statutes

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. History: 1994 c 472 s 47

524.2-518 CERTIFICATION OF PAPER COPY. An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electronic will is mad…

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. History: 1994 c 472 s 48

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. History: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 49

524.2-603 MS 2000 [Repealed, 2001 c 15 s 14] 524.2-603 ANTILAPSE; DECEASED DEVISEE; CLASS GIFTS; WORDS OF SURVIVORSHIP.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 …

524.2-604 FAILURE OF TESTAMENTARY PROVISION. (a) Except as provided in section 524.2-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue. (b) Except as provided in section 524.2-603, if the residue is devised to two or more person…

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 additio…

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, …

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. History: 1975 c 347 s 22; 1994 c 472 s 54

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 pro…

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 gif…

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 part…

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 res…

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 rela…

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 pre…

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…

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 membe…

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 …

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, includi…

524.2-712 DECEDENTS DYING AFTER DECEMBER 31, 2009, AND BEFORE JANUARY 1, 2011; FORMULA CLAUSES TO BE CONSTRUED TO REFER TO FEDERAL ESTATE TAX AND FEDERAL GENERATION-SKIPPING TRANSFER TAX LAWS. (a) A governing instrument, including a will or trust agreement, of a decedent who dies…

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 deat…

524.2-803 EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS, JOINT ASSETS, LIFE INSURANCE AND BENEFICIARY DESIGNATIONS; EMERGENCY ORDER. (a) A surviving spouse, heir or devisee who feloniously and intentionally kills the decedent is not entitled to any benefits under the will or …

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 501C.1207, executed prior …

524.2-805 REFORMATION TO CORRECT MISTAKES. The court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention, if it is proved by clear and convincing evidence what the transferor's intention was and that the terms of…

524.2-806 MODIFICATION TO ACHIEVE TRANSFEROR'S TAX OBJECTIVES. § Subdivision 1.Permitted purposes. In order to achieve tax objectives that are clearly provided for in the transferor's will, the court may modify the terms of a governing instrument, in a manner that is not contrary…

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 representa…

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 …

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 ear…

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…

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 representati…

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 …

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 app…

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 applicati…

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 pr…

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…

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 …

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 distribu…

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 …

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 r…

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 or…

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 proceed…

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 yea…

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 ef…

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 acti…

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 acti…

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 pe…