Title Minnesota Statutes, Minnesota Statutes

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 wil…

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…

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 pro…

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 1…

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 appli…

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…

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 appo…

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 hour…

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 affirm…

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 oth…

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 pri…

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…

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 person…

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 aft…

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…

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. History: 1974 c 442 art 3 s 524.3-404; 1986 c 444

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 condu…

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 stat…

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…

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 b…

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 wi…

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 contain…

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 …

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 determ…

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 s…

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 pers…

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 d…

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 pe…

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 informa…

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 exercis…

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 sect…

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. History: …

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…

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 admin…

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 corpor…

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 …

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 b…

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, o…

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 …

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…

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 terminat…

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 giv…

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, …

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 …

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, wh…

524.3-615 SPECIAL ADMINISTRATOR; WHO MAY BE APPOINTED. (a) Except as provided in paragraph (b), 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…