Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
501B.46 PETITION FOR COURT ORDER TO SELL, MORTGAGE, OR LEASE REAL
PROPERTY HELD IN TRUST.
(a) Except as provided in paragraph (c), if the assets of an express trust by will or other
written instrument include real property in this state that the trustee is not, under the terms of the
trust, then permitted to sell, mortgage, or lease, and if section 501B.23 is applicable to the trust, the
trustee or a beneficiary of the trust may petition the court then having jurisdiction of the trust for an
order directing the trustee to sell, mortgage, or lease the real property or a part of the real property.
(b) Except as provided in paragraph (c), if the assets of an express trust by will or other
written instrument include real property in this state that the trustee is not, under the terms of
the trust, then permitted to sell, mortgage, or lease, and if section 501B.23 is not applicable to
the trust, the trustee or a beneficiary of the trust may petition an appropriate district court under
section 501B.16 for an order directing the trustee to sell, mortgage, or lease the real property or
a part of the real property.
(c) If a trust is of the kind described in section 501B.09, subdivision 2a, no order described in
paragraph (a) or (b) may be entered upon a petition filed by a person other than the trustee.
History: 1989 c 340 art 1 s 38; 1990 c 581 s 3
PROPERTY HELD IN TRUST.
(a) Except as provided in paragraph (c), if the assets of an express trust by will or other
written instrument include real property in this state that the trustee is not, under the terms of the
trust, then permitted to sell, mortgage, or lease, and if section 501B.23 is applicable to the trust, the
trustee or a beneficiary of the trust may petition the court then having jurisdiction of the trust for an
order directing the trustee to sell, mortgage, or lease the real property or a part of the real property.
(b) Except as provided in paragraph (c), if the assets of an express trust by will or other
written instrument include real property in this state that the trustee is not, under the terms of
the trust, then permitted to sell, mortgage, or lease, and if section 501B.23 is not applicable to
the trust, the trustee or a beneficiary of the trust may petition an appropriate district court under
section 501B.16 for an order directing the trustee to sell, mortgage, or lease the real property or
a part of the real property.
(c) If a trust is of the kind described in section 501B.09, subdivision 2a, no order described in
paragraph (a) or (b) may be entered upon a petition filed by a person other than the trustee.
History: 1989 c 340 art 1 s 38; 1990 c 581 s 3
Official Publication of the State of Minnesota
Revisor of Statutes