Title Minnesota Statutes, Minnesota Statutes

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 repres…

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 pr…

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 represen…

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 w…

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 …

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 inventor…

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 p…

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 pro…

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 in…

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…

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…

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…

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…

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 exe…

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. Th…

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…

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…

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 ent…

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 …

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, …

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…

524.3-803 LIMITATIONS ON PRESENTATION OF CLAIMS. (a) All claims as defined in section 524.1-201(8), 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 conti…

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 amo…

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 a…

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,…

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, a…

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 pers…

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 …

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 proceedi…

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 counterc…

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, …

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. …

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 …

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 th…

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 avai…

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…

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…

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 o…

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 success…

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. History: 1974 c 442 art 3 s 524.…

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…

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. Hi…

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 inter…

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 t…

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 purcha…

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…