Title Minnesota Statutes, Minnesota Statutes

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 a…

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 relatin…

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…

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: (1) "Adoptee" means an individual who is adopted. (2) "App…

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 lo…

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 …

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 est…

524.1-304 MS 1974 [Repealed, 1975 c 347 s 144] 524.1-304 PRACTICE IN COURT. (a) 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 P…

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) o…

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 …

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 Rule…

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 …

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. History: 1974 c 442 art 1 s 524.1-402; 1986 c 444

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 …

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 proceedi…

524.2-1001 DEFINITIONS. § Subdivision 1.Scope. 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. "International will" means a will executed in conformity with sections 524.2-1…

524.2-1002 INTERNATIONAL WILL; VALIDITY. § Subdivision 1.Form. 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 i…

524.2-1003 INTERNATIONAL WILL; REQUIREMENTS. § Subdivision 1.In writing. 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.Testator's declaration. The testator shall dec…

524.2-1004 INTERNATIONAL WILLS; OTHER POINTS OF FORM. § Subdivision 1.Multiple pages. 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 signi…

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 …

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 ce…

524.2-1007 INTERNATIONAL WILL; REVOCATION. An international will is subject to the ordinary rules of revocation of wills. History: 1978 c 525 s 8

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 inte…

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 int…

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 i…

524.2-1010 INTERNATIONAL WILL INFORMATION REGISTRATION. § Subdivision 1.Registry. 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 in…

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 an…

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 designat…

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 ac…

524.2-105 NO TAKER. If there is no taker under the provisions of this article, the intestate estate passes to the state. History: 1985 c 250 s 5; 1994 c 472 s 6

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 deced…

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. History: 1985 c 250 s 7

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. History: 1985 c 250 s 8; 1986 c 444; 1994 c 472 s 8

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 onl…

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. His…

524.2-1101 SHORT TITLE. Sections 524.2-1101 to 524.2-1116 may be cited as the "Uniform Disclaimer of Property Interests Act." History: 2009 c 67 s 1

524.2-1102 DEFINITIONS. As used in sections 524.2-1101 to 524.2-1116: (1) "benefactor" means the creator of the interest that is subject to a disclaimer; (2) "beneficiary designation" means an instrument, other than an instrument creating or amending a trust, naming the beneficia…

524.2-1103 SCOPE. Sections 524.2-1101 to 524.2-1116 are the exclusive means by which a disclaimer may be made under Minnesota law regardless of whether it is qualified under section 2518 of the Internal Revenue Code of 1986 as defined in section 291.005, subdivision 1, clause (3)…

524.2-1104 TAX-QUALIFIED DISCLAIMER. Notwithstanding any other provision of this chapter, other than section 524.2-1106, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated pursuant to the provisions of section 2518 of the Internal Reven…

524.2-1105 WHEN DISCLAIMER IS PERMITTED. A disclaimer may be made at any time unless it is barred under section 524.2-1106. History: 2009 c 67 s 5

524.2-1106 WHEN DISCLAIMER IS BARRED OR LIMITED. (a) A disclaimer is barred by a written waiver of the right to disclaim. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (1) the disclaimant accept…

524.2-1107 POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE. (a) A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift pr…

524.2-1108 DISCLAIMER OF INTEREST IN PROPERTY. (a) Except for a disclaimer governed by section 524.2-1109 or 524.2-1110, the rules in paragraphs (b) to (d) apply to a disclaimer of an interest in property. (b) The disclaimer takes effect as of the time the instrument creating the…

524.2-1109 DISCLAIMER OF RIGHTS OF SURVIVORSHIP IN JOINTLY HELD PROPERTY. (a) Upon the death of a holder of jointly held property: (1) if, during the deceased holder's lifetime, the deceased holder could have unilaterally regained a portion of the property attributable to the dec…

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. History: 1985 c 250 s 10; 1994 c 472 s 11

524.2-1110 DISCLAIMER OF INTEREST BY TRUSTEE. If a trustee having the power to disclaim under the instrument creating the fiduciary relationship or pursuant to court order disclaims an interest in property that otherwise would have become trust property, the interest does not bec…