2004 Minnesota Statutes

CHAPTER 524. Uniform probate code

Table of Sections

Section	Headnote
Article 1 GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT
Part 1 CITATION, CONSTRUCTION, GENERAL PROVISIONS
524.1-101	Citation and numbering system.
524.1-102	Purposes; rule of construction.
524.1-103	Supplementary general principles of law applicable.
524.1-104	Severability.
524.1-105	[Repealed, 1975 c 347 s 144]
524.1-106	Effect of fraud and evasion.
524.1-107	Evidence as to death or status.
524.1-108	Acts by holder of general power.
Part 2 DEFINITIONS
524.1-201	General definitions.
Part 3 SCOPE, JURISDICTION AND COURTS
524.1-301	Territorial application.
524.1-302	Subject matter jurisdiction.
524.1-303	Venue; multiple proceedings; transfer.
524.1-304	Practice in court.
524.1-305	[Repealed, 1975 c 347 s 144]
524.1-306	Jury trial.
524.1-307	Registrar; powers.
524.1-310	Verification of filed documents.
Part 4 NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS
524.1-401	Notice; method and time of giving.
524.1-402	Notice; waiver.
524.1-403	Pleadings; when parties bound by others; notice.
524.1-404	Notice to charitable beneficiaries.
Article 2 INTESTATE SUCCESSION AND WILLS
Part 1 INTESTATE SUCCESSION
524.2-101	Intestate estate.
524.2-102	Share of the spouse.
524.2-103	Share of heirs other than surviving spouse.
524.2-104	Requirement that heir survive decedent for 120 hours.
524.2-105	No taker.
524.2-106	Representation.
524.2-107	Degree of kindred and kindred of half blood.
524.2-108	After-born heirs.
524.2-109	Advancements.
524.2-110	Debts to decedent.
524.2-111	Alienage.
524.2-112	[Repealed, 1994 c 472 s 64]
524.2-113	Individuals related to decedent through two lines.
524.2-114	Meaning of child and related terms.
524.2-115	Instruments referencing intestacy laws.
Part 2 ELECTIVE SHARE OF SURVIVING SPOUSE
524.2-201	Definitions.
524.2-202	Elective share.
524.2-203	Composition of the augmented estate.
524.2-204	Decedent's net probate estate.
524.2-205	Decedent's nonprobate transfers to others.
524.2-206	Decedent's nonprobate transfers to the surviving spouse.
524.2-207	Surviving spouse's property and nonprobate transfers to others.
524.2-208	Exclusions, valuation, and overlapping application.
524.2-209	Sources from which elective share payable.
524.2-210	Personal liability of recipients.
524.2-211	Proceeding for elective share; time limit.
524.2-212	Right of election personal to surviving spouse.
524.2-213	Waiver of right to elect and of other rights.
524.2-214	Protection of payors and other third parties.
524.2-215	Surviving spouse receiving medical assistance.
Part 3 SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS
524.2-301	Entitlement of spouse; premarital will.
524.2-302	Omitted children.
Part 4 EXEMPT PROPERTY AND ALLOWANCES
524.2-401	Applicable law.
524.2-402	Descent of homestead.
524.2-403	Exempt property.
524.2-404	Family allowance.
524.2-405	Source, determination, and documentation.
Part 5 WILLS
524.2-501	Who may make a will.
524.2-502	Execution; witnessed wills.
524.2-504	Self-proved will.
524.2-505	Who may witness.
524.2-506	Choice of law as to execution.
524.2-507	Revocation by writing or by act.
524.2-508	Revocation by changes of circumstances.
524.2-509	Revival of revoked will.
524.2-510	Incorporation by reference.
524.2-511	Testamentary additions to trusts.
524.2-512	Events of independent significance.
524.2-513	Separate writing identifying bequest of tangible property.
524.2-514	Contracts concerning succession.
524.2-515	Deposit of will with court in testator's lifetime.
524.2-516	Duty of custodian of will; liability.
524.2-517	Penalty clause for contest.
Part 6 RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS
524.2-601	Scope.
524.2-602	Will may pass all property and after-acquired property.
524.2-603	Antilapse; deceased devisee; class gifts; words of survivorship.
524.2-604	Failure of testamentary provision.
524.2-605	Increase in securities; accessions.
524.2-606	Nonademption of specific devises; unpaid proceeds of sale, condemnation, or insurance; sale by conservator or guardian.
524.2-607	Nonexoneration.
524.2-608	Exercise of power of appointment.
524.2-609	Ademption by satisfaction.
524.2-610	[Repealed, 1994 c 472 s 64]
524.2-612	[Repealed, 1994 c 472 s 64]
Part 7 RULES OF CONSTRUCTION APPLICABLE TO WILLS AND OTHER GOVERNING INSTRUMENTS
524.2-701	Scope.
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.
524.2-703	Choice of law as to meaning and effect of governing instrument.
524.2-704	Power of appointment; meaning of specific reference requirement.
524.2-705	Class gifts construed to accord with intestate succession.
524.2-708	Class gifts to "descendants," "issue," or "heirs of the body"; form of distribution if none specified.
524.2-709	Representation; per stirpes; per capita at each generation.
524.2-711	Future interests in "heirs," "heirs at law," or "next of kin."
Part 8 GENERAL PROVISIONS
524.2-802	Effect of dissolution of marriage, annulment, and decree of separation.
524.2-803	Effect of homicide on intestate succession, wills, joint assets, life insurance and beneficiary designations.
524.2-804	Revocation by dissolution of marriage; no revocation by other changes of circumstances.
Part 10 INTERNATIONAL WILL INFORMATION REGISTRATION
524.2-1001	Definitions.
524.2-1002	International will; validity.
524.2-1003	International will; requirements.
524.2-1004	International wills; other points of form.
524.2-1005	International will; certificate.
524.2-1006	International will; effect of certificate.
524.2-1007	International will; revocation.
524.2-1008	Source and construction.
524.2-1009	Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.
524.2-1010	International will information registration.
Article 3 PROBATE OF WILLS AND ADMINISTRATION
Part 1 GENERAL PROVISIONS
524.3-101	Devolution of estate at death; restrictions.
524.3-102	Necessity of order of probate for will.
524.3-103	Necessity of appointment for administration.
524.3-104	Claims against decedent; necessity of administration.
524.3-105	Proceedings affecting devolution and administration; jurisdiction of subject matter.
524.3-106	Proceedings within the exclusive jurisdiction of court; service; jurisdiction over persons.
524.3-107	Scope of proceedings; proceedings independent; exception.
524.3-108	Probate, testacy and appointment proceedings; ultimate time limit.
524.3-109	Statutes of limitation on decedent's cause of action.
Part 2 VENUE FOR PROBATE AND ADMINISTRATION; PRIORITY TO ADMINISTER; DEMAND FOR NOTICE
524.3-201	Venue for first and subsequent estate proceedings; location of property.
524.3-202	Appointment or testacy proceedings; conflicting claim of domicile in another state.
524.3-203	Priority among persons seeking appointment as personal representative.
524.3-204	Demand for notice of order or filing concerning decedent's estate.
Part 3 INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS
524.3-301	Informal probate or appointment proceedings; application; contents.
524.3-302	Informal probate; duty of registrar; effect of informal probate.
524.3-303	Informal probate; proof and findings required.
524.3-304	[Repealed, 1975 c 347 s 144]
524.3-305	Informal probate; registrar not satisfied.
524.3-306	Informal probate; notice requirements.
524.3-307	Informal appointment proceedings; delay in order; duty of registrar; effect of appointment.
524.3-308	Informal appointment proceedings; proof and findings required.
524.3-309	Informal appointment proceedings; registrar not satisfied.
524.3-310	Informal appointment proceedings; notice requirements.
524.3-311	Informal appointment unavailable in certain cases.
Part 4 FORMAL TESTACY AND APPOINTMENT PROCEEDINGS
524.3-401	Formal testacy proceedings; nature; when commenced.
524.3-402	Formal testacy or appointment proceedings; petition; contents.
524.3-403	Formal testacy proceeding; notice of hearing on petition.
524.3-404	Formal testacy proceedings; written objections to probate.
524.3-405	Formal testacy proceedings; uncontested cases; hearings and proof.
524.3-406	Formal testacy proceedings; contested cases; testimony of attesting witnesses.
524.3-407	Formal testacy proceedings; burdens in contested cases.
524.3-408	Formal testacy proceedings; will construction; effect of final order in another jurisdiction.
524.3-409	Formal testacy proceedings; order; foreign will.
524.3-410	Formal testacy proceedings; probate of more than one instrument.
524.3-411	Formal testacy proceedings; partial intestacy.
524.3-412	Formal testacy proceedings; effect of order; vacation.
524.3-413	Formal testacy proceedings; vacation of order for other cause and modification of orders, judgments, and decrees.
524.3-414	Formal proceedings concerning appointment of personal representative.
Part 5 SUPERVISED ADMINISTRATION
524.3-501	Supervised administration; nature of proceeding.
524.3-502	Supervised administration; petition; order.
524.3-503	Supervised administration; effect on other proceedings.
524.3-504	Supervised administration; powers of personal representative.
524.3-505	Supervised administration; interim orders; distribution and closing orders.
Part 6 PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY
524.3-601	Qualification.
524.3-602	Acceptance of appointment; consent to jurisdiction.
524.3-603	Bond not required without court order; exceptions.
524.3-604	Bond amount; security; procedure; reduction.
524.3-605	Demand for bond by interested person.
524.3-606	Terms and conditions of bonds.
524.3-607	Order restraining personal representative.
524.3-608	Termination of appointment; general.
524.3-609	Termination of appointment; death or disability.
524.3-610	Termination of appointment; voluntary.
524.3-611	Termination of appointment by removal; cause; procedure.
524.3-612	Termination of appointment; change of testacy status.
524.3-613	Successor personal representative.
524.3-614	Special administrator; appointment.
524.3-615	Special administrator; who may be appointed.
524.3-616	Special administrator; appointed informally; powers and duties.
524.3-617	Special administrator; formal proceedings; power and duties.
524.3-618	Termination of appointment; special administrator.
Part 7 DUTIES AND POWERS OF PERSONAL REPRESENTATIVES
524.3-701	Time of accrual of duties and powers.
524.3-702	Priority among different letters.
524.3-703	General duties; relation and liability to persons interested in estate; standing to sue.
524.3-704	Personal representative to proceed without court order; exception.
524.3-705	[Repealed, 1975 c 347 s 144]
524.3-706	Duty of personal representative; inventory and appraisement.
524.3-707	Employment of appraisers.
524.3-708	Duty of personal representative; supplementary inventory.
524.3-709	Duty of personal representative; possession of estate.
524.3-710	Power to avoid transfers.
524.3-711	Powers of personal representatives; in general.
524.3-712	Improper exercise of power; breach of fiduciary duty.
524.3-713	Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions.
524.3-714	Persons dealing with personal representative; protection.
524.3-715	Transactions authorized for personal representatives; exceptions.
524.3-716	Powers and duties of successor personal representative.
524.3-717	Corepresentatives; when joint action required.
524.3-718	Powers of surviving personal representative.
524.3-719	Compensation of personal representative.
524.3-720	Expenses in estate litigation.
524.3-721	Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
Part 8 CREDITORS' CLAIMS
524.3-801	Notice to creditors.
524.3-802	Statutes of limitations.
524.3-803	Limitations on presentation of claims.
524.3-804	Manner of presentation of claims.
524.3-805	Classification of claims.
524.3-806	Allowance of claims.
524.3-807	Payment of claims.
524.3-808	Individual liability of personal representative.
524.3-809	Secured claims.
524.3-810	Claims not due and contingent or unliquidated claims.
524.3-811	Counterclaims.
524.3-812	Execution and levies prohibited.
524.3-813	Compromise of claims.
524.3-814	Encumbered assets.
524.3-815	Administration in more than one state; duty of personal representative.
524.3-816	Final distribution to domiciliary representative.
524.3-817	Joint contract claims.
Part 9 SPECIAL PROVISIONS RELATING TO DISTRIBUTION
524.3-901	Successors' rights if no administration.
524.3-902	Distribution; order in which assets appropriated; abatement.
524.3-903	Right of retainer.
524.3-904	Interest on general pecuniary devise.
524.3-905	[Repealed, 1994 c 472 s 64]
524.3-906	Distribution in kind; valuation; method.
524.3-907	Distribution in kind; evidence.
524.3-908	Distribution; right or title of distributee.
524.3-909	Improper distribution; liability of distributee.
524.3-910	Purchasers from distributees protected.
524.3-911	Partition for purpose of distribution.
524.3-912	Private agreements among successors to decedent binding on personal representative.
524.3-913	Distributions to trustee.
524.3-914	Unclaimed assets.
524.3-915	Distribution to person under disability.
524.3-916	Apportionment of estate taxes and generation-skipping tax.
Part 10 CLOSING ESTATES
524.3-1001	Formal proceedings terminating administration; testate or intestate; order of distribution, decree, and general protection.
524.3-1002	Formal proceedings terminating testate administration; order construing will without adjudicating testacy.
524.3-1003	Closing estates; by sworn statement of personal representative.
524.3-1004	Liability of distributees to claimants.
524.3-1005	Limitations on proceedings against personal representative.
524.3-1006	Limitations on actions and proceedings against distributees.
524.3-1007	Certificate discharging liens securing fiduciary performance.
524.3-1008	Subsequent administration.
Part 11 COMPROMISE OF CONTROVERSIES
524.3-1101	Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons.
524.3-1102	Procedure for securing court approval of compromise.
Part 12 COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES
524.3-1201	Collection of personal property by affidavit.
524.3-1202	Effect of affidavit.
524.3-1203	Summary proceedings.
524.3-1204	Small estates; closing by sworn statement of personal representative.
Article 4 FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION
Part 1 DEFINITIONS
524.4-101	Definitions.
Part 2 POWERS OF FOREIGN PERSONAL REPRESENTATIVES
524.4-201	Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.
524.4-202	Payment or delivery discharges.
524.4-203	Resident creditor notice.
524.4-204	Proof of authority-bond.
524.4-205	Powers.
524.4-206	Power of representatives in transition.
524.4-207	Ancillary and other local administrations; provisions governing.
Part 3 JURISDICTION OVER FOREIGN REPRESENTATIVES
524.4-301	Jurisdiction by act of foreign personal representative.
524.4-302	Jurisdiction by act of decedent.
524.4-303	Service on foreign and nonresident personal representatives.
Part 4 JUDGMENTS AND PERSONAL REPRESENTATIVE
524.4-401	Effect of adjudication for or against personal representative.
Article 5 PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Part 1 GENERAL PROVISIONS
524.5-101	Short title.
524.5-102	Definitions.
524.5-103	Supplemental general principles of law applicable.
524.5-104	Facility of transfer.
524.5-106	Subject-matter jurisdiction.
524.5-107	Transfer of jurisdiction.
524.5-108	Venue.
524.5-109	Practice in court.
524.5-110	Letters of office.
524.5-111	Effect of acceptance of appointment.
524.5-112	Termination of or change in guardian's or conservator's appointment.
524.5-113	Notice.
524.5-114	Waiver of notice.
524.5-115	Guardian ad litem.
524.5-117	Multiple appointments or nominations.
524.5-118	Background study.
Part 2 GUARDIAN OF MINOR
524.5-201	Appointment and status of guardian.
524.5-202	Parental appointment of guardian.
524.5-203	Objection by minor or others to parental appointment.
524.5-204	Judicial appointment of guardian: conditions for appointment.
524.5-205	Judicial appointment of guardian: procedure.
524.5-206	Judicial appointment of guardian: priority of minor's nominee, limited guardianship.
524.5-207	Powers and duties of guardian.
524.5-209	Rights and immunities of guardian.
524.5-210	Termination of guardianship; other proceedings after appointment.
524.5-211	Delegation of power by parent or guardian.
Part 3 GUARDIAN OF INCAPACITATED PERSON
524.5-301	Appointment and status of guardian.
524.5-302	Appointment of guardian by will or other writing.
524.5-303	Judicial appointment of guardian: petition.
524.5-304	Judicial appointment of guardian: preliminaries to hearing.
524.5-307	Judicial appointment of guardian; presence and rights at hearing.
524.5-308	Notice.
524.5-309	Who may be guardian: priorities.
524.5-310	Findings; order of appointment.
524.5-311	Emergency guardian.
524.5-312	Temporary substitute guardian.
524.5-313	Powers and duties of guardian.
524.5-315	Rights and immunities of guardian; limitations.
524.5-316	Reports; monitoring of guardianship.
524.5-317	Termination or modification of guardianship.
Part 4 PROTECTION OF PROPERTY OF PROTECTED PERSON
524.5-401	Protective proceeding.
524.5-402	Jurisdiction over business affairs of protected person.
524.5-403	Original petition for appointment or protective order.
524.5-404	Notice.
524.5-405	Original petition: minors; preliminaries to hearing.
524.5-406	Original petition: persons under disability; preliminaries to hearing.
524.5-408	Original petition: procedure at hearing.
524.5-409	Findings; order of appointment.
524.5-410	Powers of court.
524.5-411	Required court approval.
524.5-412	Protective arrangements and single transactions.
524.5-413	Who may be conservator; priorities.
524.5-414	Petition for order subsequent to appointment.
524.5-415	Bond.
524.5-416	Terms and requirements of bond.
524.5-417	General powers and duties of conservator.
524.5-418	General powers and duties of conservator with respect to real property.
524.5-419	Inventory; records.
524.5-420	Reports; appointment of visitor; monitoring.
524.5-421	Title after appointment.
524.5-422	Protected person's interest nonalienable.
524.5-423	Sale, encumbrance, or other transaction involving conflict of interest.
524.5-424	Protection of person dealing with conservator.
524.5-426	Delegation.
524.5-427	Principles of distribution by conservator.
524.5-428	Death of protected person.
524.5-429	Claims against protected person.
524.5-430	Personal liability of conservator.
524.5-431	Termination of proceedings.
524.5-432	Payment of debt and delivery of property to foreign conservator without local proceeding.
524.5-433	Foreign conservator: proof of authority; bond; powers.
Part 5 MISCELLANEOUS PROVISIONS
524.5-501	Guardianship, conservatorship; workers' compensation proceedings.
524.5-502	Compensation and expenses.
524.5-505	[Repealed, 2003 c 12 art 2 s 8]
Article 6 NONPROBATE TRANSFERS ON DEATH (1989)
Part 2 MINNESOTA MULTIPARTY ACCOUNTS ACT
524.6-201	Definitions.
524.6-202	Ownership as between parties, and others; protection of financial institutions.
524.6-203	Ownership during lifetime.
524.6-204	Right of survivorship.
524.6-205	Effect of a written notice to financial institution.
524.6-206	Accounts and transfers nontestamentary.
524.6-207	Rights of creditors.
524.6-208	Financial institution protection; payment on signature of one party.
524.6-209	Financial institution protection; payment after death or disability; joint account.
524.6-210	Financial institution protection; payment of P.O.D. account.
524.6-211	Financial institution protection; discharge.
524.6-212	Financial institution protection; setoff.
524.6-213	Forms.
524.6-214	Citation.
Part 3 UNIFORM TOD SECURITY REGISTRATION ACT
524.6-301	Definitions.
524.6-302	Registration in beneficiary form; sole or joint tenancy ownership.
524.6-303	Registration in beneficiary form; applicable law.
524.6-304	Origination of registration in beneficiary form.
524.6-305	Form of registration in beneficiary form.
524.6-306	Effect of registration in beneficiary form.
524.6-307	Death of owner; creditors.
524.6-308	Protection of registering entity.
524.6-309	Nontestamentary transfer; revocation of designation.
524.6-310	Terms, conditions, and forms for registration.
524.6-311	Application.
Article 8 EFFECTIVE DATE AND REPEALER
524.8-101	Provisions for transition.
524.8-102	Repealer.
524.8-103	Early effective date.