Title Minnesota Statutes, Minnesota Statutes

525.091 DESTRUCTION AND REPRODUCTION OF PROBATE RECORDS. § Subdivision 1.Original documents. (a) The court administrator of any county upon order of the judge exercising probate jurisdiction may destroy all the original documents in any probate proceeding of record in the office …

525.092 COURT ADMINISTRATOR MAY DESTROY CERTAIN PAPERS. § Subdivision 1.Certain vouchers and receipts. The court administrator of the district court is hereby authorized to destroy all vouchers or receipts filed in estates and guardianship proceedings of record in the office afte…

525.095 COURT ADMINISTRATOR MAY ISSUE ORDERS UNDER DIRECTION OF THE COURT. The judge may authorize the court administrator or any deputy court administrator to issue orders for hearing petitions for general administration, for the probate of any will, for determination of descent…

525.10 REFEREE; APPOINTMENT; BOND; OFFICE ABOLISHED. § Subdivision 1.Office abolished. The office of referee is abolished. No vacancy in the office of referee shall be filled, nor new office created. § Subd. 2.Incumbents. Persons holding the office of referee on June 30, 1980, in…

525.101 COMPENSATION OF REFEREE. Such referee shall receive from the county as compensation $3,600 per annum in counties having more than 500,000 inhabitants, payable from the general funds of the county not otherwise appropriated, at the same time and in the same manner and subj…

525.102 REFERENCE. After such appointment the judge by order may refer to the referee any matter, cause, or proceeding pending in such court. In all matters so referred the referee shall find the facts and report the findings to the judge. In all matters referred and reported the…

525.103 DELIVERY OF BOOKS AND RECORDS. When the term of office of such referee expires or is terminated, the referee shall deliver to the successor or to the judge all books and papers in the referee's possession relating to the office. Upon failure to do so within five days afte…

525.11 REPORTER; APPOINTMENT AND DUTIES. The judge may appoint a competent stenographer as reporter and secretary in all matters pertaining to official duties to hold office during the judge's pleasure. Such reporter shall make a complete record of all testimony given and all pro…

525.111 COMPENSATION; TRANSCRIPT FEES. Where the salary of the reporter is not provided for by law, compensation shall be paid by the representative as an expense of administration or guardianship, or by the party or parties presenting or contesting the proceedings reported, as t…

525.113 ADDITIONAL EMPLOYEES. The reporter and clerk mentioned in section 525.112 shall be employed and appointed in addition to the court administrator, deputy court administrators, and employees now provided by law, to hold office during the pleasure of the judge of probate and…

525.12 AUDITOR; APPOINTMENT. The court may appoint an auditor in any matter involving an annual, partial, or final account, or the amount due on a claim or an offset thereto. Such appointment may be made with or without notice and on the court's own motion or upon the petition of…

525.121 POWERS. The auditor shall have the same power as the court to set hearings, grant adjournments, compel the attendance of witnesses or the production of books, papers, and documents, and to hear all proper evidence relating to such matter. The auditor shall report findings…

525.122 COMPENSATION OF AUDITOR. The auditor shall be allowed such reasonable fees, disbursements, and expenses as may be determined by the court and shall be paid by the personal representative as expenses of administration, guardianship or conservatorship or by the person apply…

525.13 ESTATE. As used in sections 525.13 to 525.161, the word "estate" includes every right and interest of a decedent in property, real or personal, except such as are terminated or otherwise extinguished by the death. History: (8992-25) 1935 c 72 s 25; 1985 c 250 s 24; 1986 c …

525.14 DESCENT OF CEMETERY LOT. Subject to the right of interment of the decedent therein, a cemetery lot or burial plot, unless disposed of as provided in section 306.29, shall descend free of all debts as follows: (1) to the decedent's surviving spouse, a life estate with right…

525.152 AWARD OF PROPERTY WITH SENTIMENTAL VALUE TO CHILDREN. § Subdivision 1.Definitions. (a) "Eligible child" means a child of the decedent who: (1) is not the child of the surviving spouse, if any; (2) if there is no surviving spouse, is not a minor, and has a different parent…

525.161 NO SURVIVING SPOUSE OR KINDRED, NOTICES TO ATTORNEY GENERAL. When it appears from the petition or application for administration of the estate, or otherwise, in a proceeding in the court that the intestate left surviving no spouse or kindred, the court shall give notice o…

525.21 QUANTITY OF ESTATE DEVISED. Every devise of real estate shall convey all the estate of the testator therein subject to liens and encumbrances thereon unless a different intention appears from the will. History: (8992-45) 1935 c 72 s 45

525.2221 WILLS NOT AFFECTED. Notwithstanding any other provision of law to the contrary, the provisions of any will executed prior to June 1, 1973 relating to ones "minority" or "majority" or other related terms shall be governed by the definitions of such terms existing at the t…

525.242 SECONDARY EVIDENCE. If no subscribing witness competent to testify resides in the state at the time appointed for proving the will, the court may admit the testimony of other witnesses to prove the capacity of the testator and the execution of the will, and as evidence of…

525.253 SALE OF DEVISED PROPERTY. § Subdivision 1.General rule. Unless a contrary intent appears from the will, an agreement made by a testator for the sale or transfer of real property disposed of by the will previously made, does not revoke or adeem such disposal; but all the r…

525.31 MS 1971 [Repealed, 1974 c 442 art 8 s 524.8-102] 525.31 ESSENTIALS. Whenever any person has been dead for more than three years and has left real or personal property, or any interest therein, and no will or authenticated copy of a will probated outside this state in accor…

525.311 MS 1971 [Repealed, 1974 c 442 art 8 s 524.8-102] 525.311 CONTENTS OF PETITION. Such petition shall show so far as known to the petitioner: (1) the name of the decedent, the place of residence, the date and place of death, the age and address at such date, and whether the …

525.312 MS 1971 [Repealed, 1974 c 442 art 8 s 524.8-102] 525.312 DECREE OF DESCENT. Upon the filing of such petition, the court shall fix the time and place for the hearing thereof, notice of which shall be given pursuant to section 524.1-401. Notice of the hearing, in the form p…

525.313 CLEARANCE FOR MEDICAL ASSISTANCE CLAIMS. (a) The court shall not enter a decree of descent until the petitioner has filed a clearance for medical assistance claims under this section, and until any medical assistance claims filed under this section have been paid, settled…

525.37 MS 1971 [Repealed, 1974 c 442 art 8 s 524.8-102] 525.37 FORECLOSURE OF MORTGAGES. The guardian or conservator shall have the same right to foreclose a mortgage, lien, or pledge or collect the debt secured thereby as the ward or conservatee would have had, if competent, and…

525.38 MS 1971 [Repealed, 1974 c 442 art 8 s 524.8-102] 525.38 REALTY ACQUIRED. When a foreclosure sale or a sale on execution for the recovery of a debt due the estate is had or redemption is made the personal representative shall receive the money paid and execute the necessary…

525.391 PROPERTY FRAUDULENTLY CONVEYED. When the property available for the payment of debts is insufficient to pay the same in full, the representative may recover any property which the decedent may have disposed of with intent to defraud creditors, or by conveyance or transfer…

525.392 PROPERTY CONVERTED. If any person embezzles, alienates, or converts to personal use any of the personal estate of a decedent or ward before the appointment of a representative, such person shall be liable for double the value of the property so embezzled, alienated, or co…

525.393 DISPOSAL BY CORONER. When personal property of a decedent has come into the custody of any coroner and has not been surrendered as hereinafter provided and no will has been admitted to probate or no administration has been had within three months after the decedent's deat…

525.475 MS 1974 [Repealed, 1975 c 347 s 144] 525.475 DORMANT ESTATE; REMOVAL OF REPRESENTATIVE OR ATTORNEY. (1) In a supervised administration under sections 524.3-501 to 524.3-505: (a) If an order of complete settlement of the estate or a decree, as provided in section 524.3-100…

525.48 FINAL ACCOUNT, ATTORNEY FEES AND REPRESENTATIVE FEES. Any full or final account to distributees shall include a statement of attorney fees and representative fees. This statement shall include the total fees charged to date and estimated future fees to be charged. History:…

525.483 RECORDING DECREE. A certified copy of any decree of distribution may be filed for record in the office of the county recorder of any county. It shall not be necessary to pay real estate taxes in order to record such certified copy, but the same shall be first presented to…

525.484 PROPERTY OF DECEASED PERSONS TO BE TRANSFERRED TO REPRESENTATIVES OF FOREIGN COUNTRIES IN CERTAIN CASES. Whenever any person who is entitled to any property in an estate is a citizen of and a resident in any foreign country with the government of which the United States m…

525.486 MS 1971 [Repealed, 1974 c 442 art 8 s 524.8-102] 525.486 TERMINATION OF TRUSTS; DISTRIBUTION. In any administration of an estate in probate, wherein the decedent died testate and has established a testamentary trust, and it appears to the court that the operative events h…

525.491 MS 1957 [Repealed, 1961 c 265 s 3] 525.491 ATTORNEY'S LIEN. When any attorney at law has been retained to appear for any heir or devisee, such attorney may perfect a lien upon the client's interest in the estate for compensation for such services as may have been rendered…

525.515 BASIS FOR ATTORNEY'S FEES. (a) Notwithstanding any law to the contrary, an attorney performing services for the estate at the instance of the personal representative, guardian or conservator shall have such compensation therefor out of the estate as shall be just and reas…

525.528 FEDERAL ESTATE TAX; MARITAL DEDUCTION. Whenever the decedent leaves a surviving spouse or by law the spouse is presumed to have survived and the representative of the decedent's estate, and the decedent's trustee or any other fiduciary is permitted or required to exercise…

525.71 APPEALABLE ORDERS. (a) Appeals to the court of appeals may be taken from any of the following orders, judgments, and decrees issued by a judge of the court under this chapter or chapter 524: (1) an order admitting, or refusing to admit, a will to probate; (2) an order appo…

525.712 REQUISITES. The appeal may be taken under the Rules of Appellate Procedure by any person aggrieved after service by any party of written notice of the filing of the order, judgment, or decree appealed from, or if no written notice is served, within six months after the fi…

525.714 SUSPENSION BY APPEAL. The appeal shall suspend the operation of the order, judgment, or decree appealed from until the appeal is determined or the court of appeals orders otherwise. The court of appeals may require the appellant to give additional bond for the payment of …

525.73 AFFIRMANCE; REVERSAL. When the appellant fails to prosecute the appeal, or the order, judgment, or decree appealed from or reviewed is sustained, judgment shall be entered in the court of appeals affirming the decision of the court. Upon the filing in the court of a certif…

525.731 JUDGMENT; EXECUTION. The party prevailing on the appeal shall be entitled to costs and disbursements to be taxed as in a civil action. If judgment be rendered against the estate, they shall be an adjudicated claim against it. If judgment be rendered against an appellant o…

525.80 MS 1971 [Repealed, 1974 c 442 art 8 s 524.8-102] 525.80 REPRESENTATIVE. As used in this chapter, the word "representative," unless the context otherwise indicates, includes personal representatives as that term is defined in chapter 524, guardians, and conservators. Histor…

525.83 NOTICE. When notice of hearing is required by any provision of this chapter by reference to this section, the notice shall be given once a week for three consecutive weeks in a legal newspaper designated by the petitioner in the county wherein the proceedings are pending; …

525.831 NOTICE TO ATTORNEY GENERAL OF DEVISES FOR CHARITABLE PURPOSES. Whenever a will provides for a devise for a charitable purpose, as defined in section 501B.35, subdivision 2, the personal representative shall provide the attorney general with the notices or documents, if an…