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HF 2515

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/20/2016 12:33pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/29/2016
1st Engrossment Posted on 03/14/2016
2nd Engrossment Posted on 03/24/2016
3rd Engrossment Posted on 04/20/2016

Current Version - 3rd Engrossment

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A bill for an act
relating to probate; modifying certain probate provisions; amending Minnesota
Statutes 2014, sections 484.73, subdivision 2; 524.1-201; 524.2-102; 524.2-202;
524.2-301; 524.2-403; 524.2-404; 524.2-606; 524.3-406; 524.3-1201;
524.3-1203, subdivision 5; proposing coding for new law in Minnesota Statutes,
chapter 524.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 484.73, subdivision 2, is amended to read:


Subd. 2.

Exclusions.

Judicial arbitration may not be used to dispose of matters
relating to deleted text begin guardianship, conservatorship, ordeleted text end civil commitment, matters within the juvenile
court jurisdiction involving children in need of protection or services or delinquency,
matters involving termination of parental rights under sections 260C.301 to 260C.328, or
matters arising under sections 518B.01, 626.557, or 144.651 to 144.652.

Sec. 2.

Minnesota Statutes 2014, section 524.1-201, is amended to read:


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) "Application" means a written request to the registrar for an order of informal
probate or appointment under article III, part 3.

(3) "Assisted reproduction" means a method of causing pregnancy other than sexual
intercourse.

(4) "Beneficiary," as it relates to trust beneficiaries, includes a person who has any
present or future interest, vested or contingent, and also includes the owner of an interest
by assignment or other transfer and as it relates to a charitable trust, includes any person
entitled to enforce the trust.

(5) "Birth mother" means a woman who gives birth to a child, including a woman
who is the child's genetic mother and including a woman who gives birth to a child of
assisted reproduction. "Birth mother" does not include a woman who gives birth pursuant
to a gestational agreement.

(6) "Child" includes any individual entitled to take as a child under law by intestate
succession from the parent whose relationship is involved and excludes any person who is
only a stepchild, a foster child, a grandchild or any more remote descendant.

(7) "Child of assisted reproduction" means a child conceived by means of assisted
reproduction by a woman other than a child conceived pursuant to a gestational agreement.

(8) "Claims" includes liabilities of the decedent whether arising in contract or
otherwise and liabilities of the estate which arise after the death of the decedent including
funeral expenses and expenses of administration. The term does not include taxes, demands
or disputes regarding title of a decedent to specific assets alleged to be included in the
estate, tort claims, foreclosure of mechanic's liens, or to actions pursuant to section 573.02.

(9) "Court" means the court or branch having jurisdiction in matters relating to the
affairs of decedents. This court in this state is known as the district court.

(10) "Conservator" means a person who is appointed by a court to manage the
estate of a protected person.

(11) "Descendant" of an individual means all of the individual's descendants of all
generations, with the relationship of parent and child at each generation being determined
by the definition of child and parent contained in this section.

(12) "Devise," when used as a noun, means a testamentary disposition of real or
personal property and when used as a verb, means to dispose of real or personal property
by will.

(13) "Devisee" means any person designated in a will to receive a devise. In the case
of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust
or trustee is the devisee and the beneficiaries are not devisees.

(14) "Disability" means cause for appointment of a conservator as described in
section 524.5-401, or a protective order as described in section 524.5-412.

(15) "Distributee" means any person who has received or who will receive property
of a decedent from the decedent's personal representative other than as a creditor or
purchaser. A testamentary trustee is a distributee with respect to property which the trustee
has received from a personal representative only to the extent of distributed assets or their
increment remaining in the trustee's hands. A beneficiary of a testamentary trust to whom
the trustee has distributed property received from a personal representative is a distributee
of the personal representative. For purposes of this provision, "testamentary trustee"
includes a trustee to whom assets are transferred by will, to the extent of the devised assets.

(16) "Divorce" includes an annulment, dissolution, and declaration of invalidity of
marriage.

(17) "Estate" includes all of the property of the decedent, trust, or other person
whose affairs are subject to this chapter as originally constituted and as it exists from
time to time during administration.

(18) "Fiduciary" includes personal representative, guardian, conservator and trustee.

(19) "Foreign personal representative" means a personal representative of another
jurisdiction.

(20) "Formal proceedings" means those conducted before a judge with notice to
interested persons.

(21) "Functioned as a parent of the child" means behaving toward a child in a manner
consistent with being the child's parent and performing functions that are customarily
performed by a parent, including fulfilling parental responsibilities toward the child,
recognizing or holding out the child as the individual's child, materially participating in
the child's upbringing, and residing with the child in the same household as a regular
member of that household.

(22) "Genetic father" means the man whose sperm fertilized the egg of a child's
genetic mother. If the father-child relationship is established under the presumption
of paternity under chapter 257, "genetic father" means only the man for whom that
relationship is established.

(23) "Genetic mother" means the woman whose egg was fertilized by the sperm
of a child's genetic father.

(24) "Genetic parent" means a child's genetic father or genetic mother.

(25) "Gestational agreement" means an agreement for assisted reproduction in which
a woman agrees to carry a child to birth for an intended parent or intended parents.

new text begin (26) "Governing instrument" means a deed; will; trust; insurance or annuity policy;
account with POD designation; security registered in beneficiary form (TOD); transfer on
death (TOD) deed; pension, profit-sharing, retirement, or similar benefit plan; instrument
creating or exercising a power of appointment or a power of attorney; or a dispositive,
appointive, or nominative instrument of any similar type.
new text end

deleted text begin (26)deleted text end new text begin (27)new text end "Guardian" means a person who has qualified as a guardian of a minor
or incapacitated person pursuant to testamentary or court appointment, but excludes one
who is merely a guardian ad litem.

deleted text begin (27)deleted text end new text begin (28)new text end "Heirs" means those persons, including the surviving spouse, who are
entitled under the statutes of intestate succession to the property of a decedent.

deleted text begin (28)deleted text end new text begin (29)new text end "Incapacitated person" is as described in section 524.5-102, subdivision 6,
other than a minor.

deleted text begin (29)deleted text end new text begin (30)new text end "Incapacity" when used in sections 524.2-114 to 524.2-120 means the
inability of an individual to function as a parent of a child because of the individual's
physical or mental condition.

deleted text begin (30)deleted text end new text begin (31)new text end "Informal proceedings" means those conducted by the judge, the registrar,
or the person or persons designated by the judge for probate of a will or appointment of a
personal representative in accordance with sections 524.3-301 to 524.3-311.

deleted text begin (31)deleted text end new text begin (32)new text end "Intended parent" means an individual who entered into a gestational
agreement providing that the individual will be the parent of a child born to a woman by
means of assisted reproduction, including an individual who has a genetic relationship
with the child.

deleted text begin (32)deleted text end new text begin (33)new text end "Interested person" includes heirs, devisees, children, spouses, creditors,
beneficiaries and any others having a property right in or claim against the estate of a
decedent, ward or protected person which may be affected by the proceeding. It also
includes persons having priority for appointment as personal representative, and other
fiduciaries representing interested persons. The meaning as it relates to particular persons
may vary from time to time and must be determined according to the particular purposes
of, and matter involved in, any proceeding.

deleted text begin (33)deleted text end new text begin (34)new text end "Lease" includes an oil, gas, or other mineral lease.

deleted text begin (34)deleted text end new text begin (35)new text end "Letters" includes letters testamentary, letters of guardianship, letters of
administration, and letters of conservatorship.

deleted text begin (35)deleted text end new text begin (36)new text end "Mortgage" means any conveyance, agreement or arrangement in which
property is used as security.

deleted text begin (36)deleted text end new text begin (37)new text end "Nonresident decedent" means a decedent who was domiciled in another
jurisdiction at the time of death.

deleted text begin (37)deleted text end new text begin (38)new text end "Organization" includes a corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership or association, two or more
persons having a joint or common interest, or any other legal entity.

deleted text begin (38)deleted text end new text begin (39)new text end "Person" means an individual, a corporation, an organization, or other
legal entity.

deleted text begin (39)deleted text end new text begin (40)new text end "Personal representative" includes executor, administrator, successor
personal representative, special administrator, and persons who perform substantially the
same function under the law governing their status. "General personal representative"
excludes special administrator.

deleted text begin (40)deleted text end new text begin (41)new text end "Petition" means a written request to the court for an order after notice.

deleted text begin (41)deleted text end new text begin (42)new text end "Proceeding" includes action at law and suit in equity.

deleted text begin (42)deleted text end new text begin (43)new text end "Property" includes both real and personal property or any interest therein
and means anything that may be the subject of ownership.

deleted text begin (43)deleted text end new text begin (44)new text end "Protected person" is as described in section 524.5-102, subdivision 14.

deleted text begin (44)deleted text end new text begin (45)new text end "Registrar" refers to the judge of the court or the person designated by the
court to perform the functions of registrar as provided in section 524.1-307.

deleted text begin (45)deleted text end new text begin (46)new text end "Relative" means a grandparent or a descendant of a grandparent.

deleted text begin (46)deleted text end new text begin (47)new text end "Security" includes any note, stock, treasury stock, bond, debenture,
evidence of indebtedness, certificate of interest or participation in an oil, gas or mining
title or lease or in payments out of production under such a title or lease, collateral
trust certificate, transferable share, voting trust certificate or, in general, any interest or
instrument commonly known as a security, or any certificate of interest or participation,
any temporary or interim certificate, receipt or certificate of deposit for, or any warrant
or right to subscribe to or purchase, any of the foregoing.

deleted text begin (47)deleted text end new text begin (48)new text end "Settlement," in reference to a decedent's estate, includes the full process
of administration, distribution and closing.

deleted text begin (48)deleted text end new text begin (49)new text end "Special administrator" means a personal representative as described by
sections 524.3-614 to 524.3-618.

deleted text begin (49)deleted text end new text begin (50)new text end "State" includes any state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or possession subject to the legislative
authority of the United States.

deleted text begin (50)deleted text end new text begin (51)new text end "Successor personal representative" means a personal representative,
other than a special administrator, who is appointed to succeed a previously appointed
personal representative.

deleted text begin (51)deleted text end new text begin (52)new text end "Successors" means those persons, other than creditors, who are entitled to
property of a decedent under the decedent's will, this chapter or chapter 525. "Successors"
also means a funeral director or county government that provides the funeral and burial of
the decedent, or a state or county agency with a claim authorized under section 256B.15.

deleted text begin (52)deleted text end new text begin (53)new text end "Supervised administration" refers to the proceedings described in sections
524.3-501 to 524.3-505.

deleted text begin (53)deleted text end new text begin (54)new text end "Testacy proceeding" means a proceeding to establish a will or determine
intestacy.

deleted text begin (54)deleted text end new text begin (55)new text end "Third-party donor" means an individual who produces eggs or sperm used
for assisted reproduction, whether or not for consideration. The term does not include:

(i) a husband who provides sperm, or a wife who provides eggs, that are used for
assisted reproduction by the wife;

(ii) the birth mother of a child of assisted reproduction; or

(iii) a man who has been determined under section 524.2-120, subdivision 4 or 5, to
have a parent-child relationship with a child of assisted reproduction.

deleted text begin (55)deleted text end new text begin (56)new text end "Trust" includes any express trust, private or charitable, with additions
thereto, wherever and however created. It also includes a trust created or determined
by judgment or decree under which the trust is to be administered in the manner of an
express trust. "Trust" excludes other constructive trusts, and it excludes resulting trusts,
conservatorships, personal representatives, trust accounts as defined in chapter 528,
custodial arrangements pursuant to sections 149A.97, 318.01 to 318.06, 527.21 to 527.44,
business trusts providing for certificates to be issued to beneficiaries, common trust funds,
voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose
of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits
of any kind, and any arrangement under which a person is nominee or escrowee for another.

deleted text begin (56)deleted text end new text begin (57)new text end "Trustee" includes an original, additional, or successor trustee, whether
or not appointed or confirmed by court.

deleted text begin (57)deleted text end new text begin (58)new text end "Ward" is as described in section 524.5-102, subdivision 17.

deleted text begin (58)deleted text end new text begin (59)new text end "Will" includes codicil and any testamentary instrument which merely
appoints an executor or revokes or revises another will.

Sec. 3.

Minnesota Statutes 2014, section 524.2-102, is amended to read:


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 and there is no other descendant of the surviving spouse who survives the decedent;

(2) the first deleted text begin $150,000deleted text end new text begin $225,000new text end , plus one-half of any balance of the intestate estate,
if all of the decedent's surviving descendants are also descendants of the surviving
spouse and the surviving spouse has one or more surviving descendants who are not
descendants of the decedent, or if one or more of the decedent's surviving descendants are
not descendants of the surviving spouse.

Sec. 4.

Minnesota Statutes 2014, section 524.2-202, is amended to read:


524.2-202 ELECTIVE SHARE.

(a) Elective share amount. The surviving spouse of a decedent who dies domiciled
in this state has a right of election, under the limitations and conditions stated in this part,
to take an elective-share amount equal to the value of the elective-share percentage of the
augmented estate, determined by the length of time the spouse and the decedent were
married to each other, in accordance with the following schedule:

If the decedent and the spouse were
married to each other:
The elective-share percentage is:
Less than one year
Supplemental amount only
One year but less than two years
Three percent of the augmented estate
Two years but less than three years
Six percent of the augmented estate
Three years but less than four years
Nine percent of the augmented estate
Four years but less than five years
12 percent of the augmented estate
Five years but less than six years
15 percent of the augmented estate
Six years but less than seven years
18 percent of the augmented estate
Seven years but less than eight years
21 percent of the augmented estate
Eight years but less than nine years
24 percent of the augmented estate
Nine years but less than ten years
27 percent of the augmented estate
Ten years but less than 11 years
30 percent of the augmented estate
11 years but less than 12 years
34 percent of the augmented estate
12 years but less than 13 years
38 percent of the augmented estate
13 years but less than 14 years
42 percent of the augmented estate
14 years but less than 15 years
46 percent of the augmented estate
15 years or more
50 percent of the augmented estate

(b) Supplemental elective-share amount. If the sum of the amounts described in
sections 524.2-207, 524.2-209, paragraph (a), clause (1), and that part of the elective-share
amount payable from the decedent's probate estate and nonprobate transfers to others
under section 524.2-209, paragraphs (b) and (c), is less than deleted text begin $50,000deleted text end new text begin $75,000new text end , the
surviving spouse is entitled to a supplemental elective-share amount equal to deleted text begin $50,000
deleted text end new text begin $75,000new text end , minus the sum of the amounts described in those sections. The supplemental
elective-share amount is payable from the decedent's probate estate and from recipients of
the decedent's nonprobate transfers to others in the order of priority set forth in section
524.2-209, paragraphs (b) and (c).

(c) Effect of election on statutory benefits. If the right of election is exercised by
or on behalf of the surviving spouse, the surviving spouse's homestead rights and other
allowances under sections 524.2-402, 524.2-403 and 524.2-404, if any, are not charged
against but are in addition to the elective-share and supplemental elective-share amounts.

(d) Nondomiciliary. The right, if any, of the surviving spouse of a decedent who
dies domiciled outside this state to take an elective share in property in this state is
governed by the law of the decedent's domicile at death.

Sec. 5.

Minnesota Statutes 2014, section 524.2-301, is amended to read:


524.2-301 ENTITLEMENT OF SPOUSE; PREMARITAL WILL.

(a) If a testator married after making a will and the spouse survives the testator, the
surviving spouse shall receive a share of the estate of the testator equal in value to that
which the surviving spouse would have received if the testator had died intestate, unless:

(1) provision has been made for, or waived by, the spouse by prenuptial or
postnuptial agreement;

(2) the willnew text begin or other written evidencenew text end discloses an intention not to make provision
for the spouse; deleted text begin or
deleted text end

(3) the deleted text begin spouse is provided fordeleted text end new text begin person, who was the surviving spouse at death, was
designated as a devisee, or is the beneficiary of a trust referenced,
new text end in the willdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (4) the testator provided for the spouse by transfer outside the will and the intent
that the transfer be in lieu of a testamentary provision is shown by the testator's written
statements or may be reasonably inferred from the amount of the transfer or other evidence.
new text end

(b) In satisfying the share provided by this section, devises made by the will other
than a devise to a child of the testator who was born before the testator married the
surviving spouse and who is not a child of the surviving spouse or a devise or substitute
gift under section 524.2-603 or 524.2-604 to a descendant of such a child, abate first as
otherwise provided in section 524.3-902.

Sec. 6.

Minnesota Statutes 2014, section 524.2-403, is amended to read:


524.2-403 EXEMPT PROPERTY.

(a) If there is a surviving spouse, then, in addition to the homestead and family
allowance, the surviving spouse is entitled from the estate to:

(1) property not exceeding deleted text begin $10,000deleted text end new text begin $15,000new text end in value in excess of any security
interests therein, in household furniture, furnishings, appliances, and personal effects,
subject to an award of sentimental value property under section 525.152; and

(2) one automobile, if any, without regard to value.

(b) If there is no surviving spouse, the decedent's children are entitled jointly to
the same property as provided in paragraph (a), except that where it appears from the
decedent's will a child was omitted intentionally, the child is not entitled to the rights
conferred by this section.

(c) If encumbered chattels are selected and the value in excess of security interests,
plus that of other exempt property, is less than deleted text begin $10,000deleted text end new text begin $15,000new text end , or if there is not deleted text begin $10,000
deleted text end new text begin $15,000new text end worth of exempt property in the estate, the surviving spouse or children are
entitled to other personal property of the estate, if any, to the extent necessary to make up
the deleted text begin $10,000deleted text end new text begin $15,000new text end value.

(d) Rights to exempt property and assets needed to make up a deficiency of exempt
property have priority over all claims against the estate, but the right to any assets to
make up a deficiency of exempt property abates as necessary to permit earlier payment
of the family allowance.

(e) The rights granted by this section are in addition to any benefit or share passing
to the surviving spouse or children by the decedent's will, unless otherwise provided, by
intestate succession or by way of elective share.

(f) No rights granted to a decedent's adult children under this section shall have
precedence over a claim under section 246.53, 256B.15, 256D.16, 261.04, or 524.3-805,
paragraph (a)
, clause (1), (2), or (3).

Sec. 7.

Minnesota Statutes 2014, section 524.2-404, is amended to read:


524.2-404 FAMILY ALLOWANCE.

(a) In addition to the right to the homestead and exempt property, the decedent's
surviving spouse and minor children whom the decedent was obligated to support, and
children who were in fact being supported by the decedent, shall be allowed a reasonable
family allowance in money out of the estate for their maintenance as follows:

(1) for one year if the estate is inadequate to discharge allowed claims; or

(2) for 18 months if the estate is adequate to discharge allowed claims.

(b) The amount of the family allowance may be determined by the personal
representative in an amount not to exceed deleted text begin $1,500deleted text end new text begin $2,300new text end per month.

(c) The family allowance is payable to the surviving spouse, if living; otherwise to
the children, their guardian or conservator, or persons having their care and custody.

(d) The family allowance is exempt from and has priority over all claims.

(e) The family allowance is not chargeable against any benefit or share passing to
the surviving spouse or children by the will of the decedent unless otherwise provided, by
intestate succession or by way of elective share. The death of any person entitled to family
allowance does not terminate the right of that person to the allowance.

(f) The personal representative or an interested person aggrieved by any
determination, payment, proposed payment, or failure to act under this section may
petition the court for appropriate relief, which may include a family allowance other than
that which the personal representative determined or could have determined.

Sec. 8.

Minnesota Statutes 2014, section 524.2-606, is amended to read:


524.2-606 NONADEMPTION OF SPECIFIC DEVISES; UNPAID PROCEEDS
OF SALE, CONDEMNATION, OR INSURANCE; SALE BY CONSERVATOR
OR GUARDIAN.

(a) A specific devisee has a right to the specifically devised property in the testator's
estate at death and:

(1) any balance of the purchase price, together with any security agreement, owing
from a purchaser to the testator at death by reason of sale of the property;

(2) any amount of a condemnation award for the taking of the property unpaid
at death;

(3) any proceeds unpaid at death on fire or casualty insurance on or other recovery
for injury to the property; and

(4) property owned by the testator at death and acquired as a result of foreclosure, or
obtained in lieu of foreclosure, of the security interest for a specifically devised obligation.

(b) If specifically devised property is sold or mortgaged by a conservator or
guardian deleted text begin ordeleted text end new text begin ,new text end by an agent acting within the authority of a durable power of attorney for
an incapacitated principal, new text begin or by the trustee of a revocable trust during the period of the
settlor's incapacity,
new text end or if a condemnation award, insurance proceeds, or recovery for injury
to the property are paid to a conservator or guardian deleted text begin ordeleted text end new text begin ,new text end to an agent acting within the
authority of a durable power of attorney for an incapacitated principal, new text begin or to the trustee of
a revocable trust during the period of the settlor's incapacity,
new text end the specific devisee has the
right to a general pecuniary devise equal to the net sale price, the amount of the unpaid
loan, the condemnation award, the insurance proceeds, or the recovery.

(c) The right of a specific devisee under paragraph (b) is reduced by any right the
devisee has under paragraph (a).

(d) For the purposes of the references in paragraph (b) to a conservator or guardian
or an agent acting within the authority of a durable power of attorney new text begin or a trustee of a
revocable trust during the period of the settlor's incapacity
new text end , paragraph (b) does not apply if
after the sale, mortgage, condemnation, casualty, or recovery;

(1) in the case of a conservator or guardian, it was adjudicated that the testator's
incapacity ceased and the testator survived the adjudication by one year; deleted text begin or
deleted text end

(2) in the case of an agent acting within the authority of a durable power of attorney,
the testator's incapacity ceased and the testator survived for one year after the incapacity
ceaseddeleted text begin .deleted text end new text begin ; or
new text end

new text begin (3) in the case of a trustee, the settlor's incapacity ceased and the settlor survived
for one year after the incapacity ceased.
new text end

new text begin (e) For the purposes of the references in paragraph (b) to the trustee of a revocable
trust during the period of the settlor's incapacity, paragraph (b) does not apply to a specific
devise contained in a will if:
new text end

new text begin (1) the revocable trust provides for the transfer, devise, or distribution of all trust
assets held as of the death of the settlor to persons or entities other than the settlor's
estate; and
new text end

new text begin (2) the initial transfer of devised property into the trust occurred prior to the settlor's
incapacity.
new text end

deleted text begin (e)deleted text end new text begin (f)new text end For the purposes of the references in paragraph (b) to an agent acting within
the authority of a durable power of attorney for an incapacitated principalnew text begin or the trustee of
a revocable trust during the period of the settlor's incapacity
new text end , (i) "incapacitated principal"
means a principal who is an incapacitated person as defined in section 524.5-102,
subdivision 6
, new text begin and the "period of the settlor's incapacity" means a period when the settlor
of a revocable trust is an incapacitated person as defined by the trust instrument, or, if the
trust instrument is silent, as defined in section 524.5-102, subdivision 6,
new text end and (ii) a finding
of the principal'snew text begin or settlor'snew text end incapacity need not occur during the principal'snew text begin or settlor'snew text end life.

Sec. 9.

new text begin [524.2-805] REFORMATION TO CORRECT MISTAKES.
new text end

new text begin The court may reform the terms of a governing instrument, even if unambiguous,
to conform the terms to the transferor's intention, if it is proved by clear and convincing
evidence what the transferor's intention was and that the terms of the governing instrument
were affected by a mistake of a fact or law, whether in expression or inducement.
new text end

Sec. 10.

new text begin [524.2-806] MODIFICATION TO ACHIEVE TRANSFEROR'S TAX
OBJECTIVES.
new text end

new text begin Subdivision 1. new text end

new text begin Permitted purposes. new text end

new text begin In order to achieve tax objectives that are
clearly provided for in the transferor's will, the court may modify the terms of a governing
instrument, in a manner that is not contrary to the transferor's probable intention, to ensure
that the governing instrument correctly creates an interest:
new text end

new text begin (1) in which a surviving spouse has a qualifying income interest with respect to
which an election has been or will be made in whole or in part under section 2056(b)(7),
2056A, or 2523(f) of the Internal Revenue Code;
new text end

new text begin (2) that will qualify for the marital deduction under section 2056 or 2056A of the
Internal Revenue Code, by election or otherwise;
new text end

new text begin (3) that will qualify for the charitable deduction under section 2055, 2522, or 642(c)
of the Internal Revenue Code;
new text end

new text begin (4) that is to be excepted, excluded, or exempt from or under chapter 13 of the
Internal Revenue Code pertaining to generation-skipping transfers; or
new text end

new text begin (5) in a trust that satisfies the criteria for qualified subchapter S trusts under section
1361(d) of the Internal Revenue Code.
new text end

new text begin Subd. 2. new text end

new text begin May be retroactive. new text end

new text begin The court may provide that a modification under
this section has retroactive effect.
new text end

Sec. 11.

Minnesota Statutes 2014, section 524.3-406, is amended to read:


524.3-406 FORMAL TESTACY PROCEEDINGS; CONTESTED CASES;
TESTIMONY OF ATTESTING WITNESSES.

(a) If evidence concerning execution of an attested will which is not self-proved is
necessary in contested cases, the testimony of at least one of the attesting witnesses, if
within the state competent and able to testify, is required. Due execution of a will may be
proved by other evidencenew text begin , including an affidavit of an attesting witness. An attestation
clause that is signed by the attesting witnesses raises a rebuttable presumption that the
events recited in the clause occurred
new text end .

(b) If the will is self-proved, compliance with signature requirements for execution
is conclusively presumed and other requirements of execution are presumed subject to
rebuttal without the testimony of any witness upon filing the will and the acknowledgment
and affidavits annexed or attached thereto, unless there is proof of fraud or forgery
affecting the acknowledgment or affidavit.

Sec. 12.

Minnesota Statutes 2014, section 524.3-1201, is amended to read:


524.3-1201 COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT.

(a) Thirty days after the death of a decedent, (i) any person indebted to the
decedent, (ii) any person having possession of tangible personal property or an instrument
evidencing a debt, obligation, stock, or chose in action belonging to the decedent, or (iii)
any safe deposit company, as defined in section 55.01, controlling the right of access to
decedent's safe deposit box shall make payment of the indebtedness or deliver the tangible
personal property or an instrument evidencing a debt, obligation, stock, or chose in
action or deliver the entire contents of the safe deposit box to a person claiming to be the
successor of the decedent, or a state or county agency with a claim authorized by section
256B.15, upon being presented a certified death record of the decedent and an affidavit
made by or on behalf of the successor stating that:

(1) the value of the entire probate estate, determined as of the date of death,
wherever located, including specifically any contents of a safe deposit box, less liens and
encumbrances, does not exceed deleted text begin $50,000deleted text end new text begin $75,000new text end ;

(2) 30 days have elapsed since the death of the decedent or, in the event the property
to be delivered is the contents of a safe deposit box, 30 days have elapsed since the filing
of an inventory of the contents of the box pursuant to section 55.10, paragraph (h);

(3) no application or petition for the appointment of a personal representative is
pending or has been granted in any jurisdiction;

(4) if presented, by a state or county agency with a claim authorized by section
256B.15, to a financial institution with a multiple-party account in which the decedent
had an interest at the time of death, the amount of the affiant's claim and a good faith
estimate of the extent to which the decedent was the source of funds or beneficial owner
of the account; and

(5) the claiming successor is entitled to payment or delivery of the property.

(b) A transfer agent of any security shall change the registered ownership on
the books of a corporation from the decedent to the successor or successors upon the
presentation of an affidavit as provided in subsection (a).

(c) The claiming successor or state or county agency shall disburse the proceeds
collected under this section to any person with a superior claim under section 524.2-403
or 524.3-805.

(d) A motor vehicle registrar shall issue a new certificate of title in the name of the
successor upon the presentation of an affidavit as provided in subsection (a).

(e) The person controlling access to decedent's safe deposit box need not open the
box or deliver the contents of the box if:

(1) the person has received notice of a written or oral objection from any person or
has reason to believe that there would be an objection; or

(2) the lessee's key or combination is not available.

Sec. 13.

Minnesota Statutes 2014, section 524.3-1203, subdivision 5, is amended to
read:


Subd. 5.

Exhaustion of estate.

In any summary, special, or other administration
in which it appears that the estate will not be exhausted in payment of the priority items
enumerated in subdivisions 1 to 4, the estate may nevertheless be summarily closed
without further notice, and the property assigned to the proper persons, if the gross probate
estate, exclusive of any exempt homestead as defined in section 524.2-402, and any
exempt property as defined in section 524.2-403, does not exceed the value of deleted text begin $100,000
deleted text end new text begin $150,000new text end . If the closing and distribution of assets is made pursuant to the terms of a
will, no decree shall issue until a hearing has been held for formal probate of the will as
provided in sections 524.3-401 to 524.3-413.

No summary closing of an estate shall be made to any distributee under this
subdivision, unless a showing is made by the personal representative or the petitioner, that
all property selected by and allowances to the spouse and children as provided in section
524.2-403 and the expenses and claims provided in section 524.3-805 have been paid,
and provided, further, that a bond shall be filed by the personal representative or the
petitioner, conditioned upon the fact that all such obligations have been paid and that all
the facts shown on the petition are true, with sufficient surety approved by the court in
an amount as may be fixed by the court to cover potential improper distributions. If a
personal representative is appointed, the representative's bond shall be sufficient for such
purpose unless an additional bond is ordered, and the sureties on the bond shall have the
same obligations and liabilities as provided for sureties on a distribution bond.

In the event that an improper distribution or disbursement is made in a summary
closing, in that not all of said obligations have been paid or that other facts as shown by
the personal representative or the petitioner, are not true, resulting in damage to any
party, the court may vacate its summary decree or closing order, and the petitioner or
the personal representative, together with the surety, shall be liable for damages to any
party determined to be injured thereby as herein provided. The personal representative,
petitioner, or the surety, may seek reimbursement for damages so paid or incurred from
any distributee or recipient of assets under summary decree or order, who shall be required
to make a contribution to cover such damages upon a pro rata basis or as may be equitable
to the extent of assets so received. The court is hereby granted complete and plenary
jurisdiction of any and all such proceedings and may enter such orders and judgments as
may be required to effectuate the purposes of this subdivision.

Any judgment rendered for damages or the recovery of assets in such proceedings
shall be upon petition and only after hearing held thereon on 14 days' notice of hearing and
a copy of petition served personally upon the personal representative and the surety and
upon any distributee or recipient of assets where applicable. Any action for the recovery
of money or damages under this subdivision is subject to the time and other limitations
imposed by section 524.1-304.