HF 534

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; changing provisions 
  1.3             pertaining to commitment proceedings; changing 
  1.4             provisions for state liens for cost of care; amending 
  1.5             Minnesota Statutes 1996, sections 13.42, subdivision 
  1.6             2; 55.10, subdivision 4; 246B.01, subdivisions 3 and 
  1.7             4; 253B.02, subdivisions 18a, 18b, and by adding a 
  1.8             subdivision; 253B.16, subdivision 1; 253B.18, 
  1.9             subdivisions 1, 2, 4, 4a, 4b, 5, 6, 7, 9, and 14; 
  1.10            253B.19, subdivisions 2 and 3; 256.015, subdivisions 
  1.11            1, 2, and 4; 256B.042, subdivisions 1, 2, and 4; 
  1.12            256B.37, subdivision 1; 514.71; 514.980, subdivision 
  1.13            2; 514.981, subdivision 2; 514.982, subdivisions 1 and 
  1.14            2; 514.985; 524.1-201; 524.3-801; 524.3-1004; and 
  1.15            524.3-1201. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1996, section 13.42, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [PUBLIC HOSPITALS; DIRECTORY INFORMATION.] 
  1.20     (a) During the time that a person is a patient in a 
  1.21  hospital operated by a state agency or political subdivision 
  1.22  pursuant to under legal commitment, directory information is 
  1.23  public data.  After the person is released by termination of the 
  1.24  person's legal commitment under chapter 253B, the directory 
  1.25  information is private data on individuals.  
  1.26     (b) If a person is a patient other than pursuant to 
  1.27  commitment in a hospital controlled by a state agency or 
  1.28  political subdivision, directory information is public data 
  1.29  unless the patient requests otherwise, in which case it is 
  1.30  private data on individuals.  
  2.1      (c) Directory information about an emergency patient who is 
  2.2   unable to communicate which is public under this subdivision 
  2.3   shall not be released until a reasonable effort is made to 
  2.4   notify the next of kin.  Although an individual has requested 
  2.5   that directory information be private, the hospital may release 
  2.6   directory information to a law enforcement agency pursuant to a 
  2.7   lawful investigation pertaining to that individual. 
  2.8      Sec. 2.  Minnesota Statutes 1996, section 55.10, 
  2.9   subdivision 4, is amended to read: 
  2.10     Subd. 4.  [WILL SEARCHES, BURIAL DOCUMENTS PROCUREMENT, AND 
  2.11  INVENTORY OF CONTENTS.] (a) Upon being furnished with 
  2.12  satisfactory proof of death of a sole lessee or the last 
  2.13  surviving co-lessee of a safe deposit box, an employee of the 
  2.14  safe deposit company shall open the box and examine the contents 
  2.15  in the presence of an individual who appears in person and 
  2.16  furnishes an affidavit stating that the individual believes: 
  2.17     (1) the box may contain the will or deed to a burial lot or 
  2.18  a document containing instructions for the burial of the lessee 
  2.19  or that the box may contain property belonging to the estate of 
  2.20  the lessee; and 
  2.21     (2) the individual is an interested person as defined in 
  2.22  this section and wishes to open the box for any one or more of 
  2.23  the following purposes: 
  2.24     (i) to conduct a will search; 
  2.25     (ii) to obtain a document required to facilitate the 
  2.26  lessee's wishes regarding body, funeral, or burial arrangements; 
  2.27  or 
  2.28     (iii) to obtain an inventory of the contents of the box. 
  2.29     (b) The safe deposit company may not open the box under 
  2.30  this section if it has received a copy of letters of office of 
  2.31  the representative of the deceased lessee's estate or other 
  2.32  applicable court order.  
  2.33     (c) The safe deposit company need not open the box if: 
  2.34     (1) the box has previously been opened under this section 
  2.35  for the same purpose; 
  2.36     (2) the safe deposit company has received notice of a 
  3.1   written or oral objection from any person or has reason to 
  3.2   believe that there would be an objection; or 
  3.3      (3) the lessee's key or combination is not available. 
  3.4      (d) For purposes of this section, the term "interested 
  3.5   person" means any of the following: 
  3.6      (1) a person named as personal representative in a 
  3.7   purported will of the lessee; 
  3.8      (2) a person who immediately prior to the death of the 
  3.9   lessee had the right of access to the box as a deputy; 
  3.10     (3) the surviving spouse of the lessee; 
  3.11     (4) a devisee of the lessee; 
  3.12     (5) an heir of the lessee; or 
  3.13     (6) a person designated by the lessee in a writing 
  3.14  acceptable to the safe deposit company which is filed with the 
  3.15  safe deposit company before death; or 
  3.16     (7) a state or county agency with a claim authorized by 
  3.17  section 256B.15. 
  3.18     (e) For purposes of this section, the term "will" includes 
  3.19  a will or a codicil. 
  3.20     (f) If the box is opened for the purpose of conducting a 
  3.21  will search, the safe deposit company shall remove any document 
  3.22  that appears to be a will and make a true and correct machine 
  3.23  copy thereof, replace the copy in the box, and then deliver the 
  3.24  original thereof to the clerk of court for the county in which 
  3.25  the lessee resided immediately before the lessee's death, if 
  3.26  known to the safe deposit company, otherwise to the clerk of the 
  3.27  court for the county in which the safe deposit box is located.  
  3.28  The will must be personally delivered or sent by registered 
  3.29  mail.  If the interested person so requests, any deed to burial 
  3.30  lot or document containing instructions for the burial of the 
  3.31  lessee may be copied by the safe deposit box company and the 
  3.32  copy or copies thereof delivered to the interested person.  
  3.33     (g) If the box is opened for the purpose of obtaining a 
  3.34  document required to facilitate the lessee's wishes regarding 
  3.35  the body, funeral, or burial arrangements, any such document may 
  3.36  be removed from the box and delivered to the interested person 
  4.1   with a true and correct machine copy retained in the box.  If 
  4.2   the safe deposit box company discovers a document that appears 
  4.3   to be a will, the safe deposit company shall act in accordance 
  4.4   with paragraph (f). 
  4.5      (h) If the box is opened for the purpose of obtaining an 
  4.6   inventory of the contents of the box, the employee of the safe 
  4.7   deposit company shall make, or cause to be made, an inventory of 
  4.8   the contents of the box, to which the employee and the 
  4.9   interested person shall attest under penalty of perjury to be 
  4.10  correct and complete.  Within ten days of opening the box 
  4.11  pursuant to this subdivision, the safe deposit company shall 
  4.12  deliver the original inventory of the contents to the court 
  4.13  administrator for the county in which the lessee resided 
  4.14  immediately before the lessee's death, if known to the safe 
  4.15  deposit company, otherwise to the court administrator for the 
  4.16  county in which the safe deposit box is located.  The inventory 
  4.17  must be personally delivered or sent by registered mail.  If the 
  4.18  interested person so requests, the safe deposit company shall 
  4.19  make a true and correct copy of any document in the box and 
  4.20  deliver that copy to the interested person.  If the contents of 
  4.21  the box include a document that appears to be a will, the safe 
  4.22  deposit company shall act in accordance with paragraph (f). 
  4.23     (i) The safe deposit company need not ascertain the truth 
  4.24  of any statement in the affidavit required to be furnished under 
  4.25  this subdivision and when acting in reliance upon an affidavit, 
  4.26  it is discharged as if it dealt with the personal representative 
  4.27  of the lessee.  The safe deposit company is not responsible for 
  4.28  the adequacy of the description of any property included in an 
  4.29  inventory of the contents of a safe deposit box, nor for 
  4.30  conversion of the property in connection with actions performed 
  4.31  under this subdivision, except for conversion by intentional 
  4.32  acts of the company or its employees, directors, officers, or 
  4.33  agents.  If the safe deposit company is not satisfied that the 
  4.34  requirements of this subdivision have been met, it may decline 
  4.35  to open the box.  
  4.36     (j) No contents of a box other than a will and a document 
  5.1   required to facilitate the lessee's wishes regarding body, 
  5.2   funeral, or burial arrangements may be removed pursuant to this 
  5.3   subdivision.  The entire contents of the box, however, may be 
  5.4   removed pursuant to section 524.3-1201. 
  5.5      Sec. 3.  Minnesota Statutes 1996, section 246B.01, 
  5.6   subdivision 3, is amended to read: 
  5.7      Subd. 3.  [SEXUAL PSYCHOPATHIC PERSONALITY.] "Sexual 
  5.8   psychopathic personality" has the meaning given in section 
  5.9   253B.02, subdivision 18a 18b. 
  5.10     Sec. 4.  Minnesota Statutes 1996, section 246B.01, 
  5.11  subdivision 4, is amended to read: 
  5.12     Subd. 4.  [SEXUALLY DANGEROUS PERSON.] "Sexually dangerous 
  5.13  person" has the meaning given in section 253B.02, 
  5.14  subdivision 18b 18c. 
  5.15     Sec. 5.  Minnesota Statutes 1996, section 253B.02, is 
  5.16  amended by adding a subdivision to read: 
  5.17     Subd. 18a.  [SECURE TREATMENT FACILITY.] "Secure treatment 
  5.18  facility" means either the Minnesota Security Hospital or the 
  5.19  Minnesota Sexual Psychopathic Personality Treatment Center. 
  5.20     Sec. 6.  Minnesota Statutes 1996, section 253B.02, 
  5.21  subdivision 18a, is amended to read: 
  5.22     Subd. 18a. 18b.  [SEXUAL PSYCHOPATHIC PERSONALITY.] "Sexual 
  5.23  psychopathic personality" means the existence in any person of 
  5.24  such conditions of emotional instability, or impulsiveness of 
  5.25  behavior, or lack of customary standards of good judgment, or 
  5.26  failure to appreciate the consequences of personal acts, or a 
  5.27  combination of any of these conditions, which render the person 
  5.28  irresponsible for personal conduct with respect to sexual 
  5.29  matters, if the person has evidenced, by a habitual course of 
  5.30  misconduct in sexual matters, an utter lack of power to control 
  5.31  the person's sexual impulses and, as a result, is dangerous to 
  5.32  other persons. 
  5.33     Sec. 7.  Minnesota Statutes 1996, section 253B.02, 
  5.34  subdivision 18b, is amended to read: 
  5.35     Subd. 18b. 18c.  [SEXUALLY DANGEROUS PERSON.] (a) A 
  5.36  "sexually dangerous person" means a person who: 
  6.1      (1) has engaged in a course of harmful sexual conduct as 
  6.2   defined in subdivision 7a; 
  6.3      (2) has manifested a sexual, personality, or other mental 
  6.4   disorder or dysfunction; and 
  6.5      (3) as a result, is likely to engage in acts of harmful 
  6.6   sexual conduct as defined in subdivision 7a. 
  6.7      (b) For purposes of this provision, it is not necessary to 
  6.8   prove that the person has an inability to control the person's 
  6.9   sexual impulses. 
  6.10     Sec. 8.  Minnesota Statutes 1996, section 253B.16, 
  6.11  subdivision 1, is amended to read: 
  6.12     Subdivision 1.  [DATE.] The head of a treatment facility 
  6.13  shall discharge any patient admitted as mentally ill or, 
  6.14  chemically dependent, or a person with mental retardation 
  6.15  admitted to the secure bed component of the Minnesota extended 
  6.16  treatment options when certified by the head of the facility to 
  6.17  be no longer in need of institutional care and treatment or at 
  6.18  the conclusion of any period of time specified in the commitment 
  6.19  order, whichever occurs first.  The head of a treatment facility 
  6.20  shall discharge any person admitted as mentally retarded, except 
  6.21  those admitted to the secure bed component of the Minnesota 
  6.22  extended treatment options, when that person's screening team 
  6.23  has determined, under section 256B.092, subdivision 8, that the 
  6.24  person's needs can be met by services provided in the community 
  6.25  and a plan has been developed in consultation with the 
  6.26  interdisciplinary team to place the person in the available 
  6.27  community services.  
  6.28     Sec. 9.  Minnesota Statutes 1996, section 253B.18, 
  6.29  subdivision 1, is amended to read: 
  6.30     Subdivision 1.  [PROCEDURE.] Upon the filing of a petition 
  6.31  alleging that a proposed patient is mentally ill and dangerous 
  6.32  to the public, the court shall hear the petition as provided in 
  6.33  sections 253B.07 and 253B.08.  If the court finds by clear and 
  6.34  convincing evidence that the proposed patient is mentally ill 
  6.35  and dangerous to the public, it shall commit the person to the 
  6.36  Minnesota Security Hospital, a regional center designated by the 
  7.1   commissioner or to a secure treatment facility or a treatment 
  7.2   facility willing to accept the commitment.  In any case where 
  7.3   the petition was filed immediately following the acquittal of 
  7.4   the proposed patient for a crime against the person pursuant to 
  7.5   a verdict of not guilty by reason of mental illness, the verdict 
  7.6   constitutes evidence that the proposed patient is mentally ill 
  7.7   and dangerous within the meaning of this section and shifts the 
  7.8   burden of going forward in the presentation of evidence to the 
  7.9   proposed patient; provided that the standard of proof remains as 
  7.10  required by this chapter.  Admission procedures shall be carried 
  7.11  out pursuant to section 253B.10.  
  7.12     Sec. 10.  Minnesota Statutes 1996, section 253B.18, 
  7.13  subdivision 2, is amended to read: 
  7.14     Subd. 2.  [REVIEW; HEARING.] A written treatment report 
  7.15  shall be filed by the treatment facility with the committing 
  7.16  court within 60 days after commitment.  If the person is in the 
  7.17  custody of the commissioner of corrections when the initial 
  7.18  commitment is ordered under subdivision 1, the written treatment 
  7.19  report must be filed within 60 days after the person is admitted 
  7.20  to the Minnesota security hospital or a private hospital 
  7.21  receiving the person a secure treatment facility.  The court, 
  7.22  prior to making a final determination with regard to a person 
  7.23  initially committed as mentally ill and dangerous to the public, 
  7.24  shall hold a hearing.  The hearing shall be held within the 
  7.25  earlier of 14 days of the court's receipt of the written 
  7.26  treatment report, if one is filed, or within 90 days of the date 
  7.27  of initial commitment or admission, unless otherwise agreed by 
  7.28  the parties.  If the court finds that the patient qualifies for 
  7.29  commitment as mentally ill, but not as mentally ill and 
  7.30  dangerous to the public, the court may commit the person as a 
  7.31  mentally ill person and the person shall be deemed not to have 
  7.32  been found to be dangerous to the public for the purposes of 
  7.33  subdivisions 4 to 15.  Failure of the treatment facility to 
  7.34  provide the required report at the end of the 60-day period 
  7.35  shall not result in automatic discharge of the patient.  
  7.36     Sec. 11.  Minnesota Statutes 1996, section 253B.18, 
  8.1   subdivision 4, is amended to read: 
  8.2      Subd. 4.  [SPECIAL REVIEW BOARD.] The commissioner shall 
  8.3   establish a special review board for persons committed as 
  8.4   mentally ill and dangerous to the public.  The board shall 
  8.5   consist of three members experienced in the field of mental 
  8.6   illness.  One member of the special review board shall be a 
  8.7   physician psychiatrist and one member shall be an attorney.  No 
  8.8   member shall be affiliated with the department of human 
  8.9   services.  The special review board shall meet at least every 
  8.10  six months and at the call of the commissioner.  It shall hear 
  8.11  and consider all petitions for transfer out of the Minnesota 
  8.12  Security Hospital a secure treatment facility, all petitions 
  8.13  relative to for discharge, provisional discharge and revocation 
  8.14  of provisional discharge, and make recommendations to the 
  8.15  commissioner concerning them.  Patients may be transferred by 
  8.16  the commissioner between secure treatment facilities without a 
  8.17  special review board hearing. 
  8.18     Members of the special review board shall receive 
  8.19  compensation and reimbursement for expenses as established by 
  8.20  the commissioner. 
  8.21     Sec. 12.  Minnesota Statutes 1996, section 253B.18, 
  8.22  subdivision 4a, is amended to read: 
  8.23     Subd. 4a.  [RELEASE ON PASS; NOTIFICATION.] A patient who 
  8.24  has been committed as mentally ill and dangerous and who is 
  8.25  confined at the Minnesota security hospital a secure treatment 
  8.26  facility shall not be released on a pass unless the pass is part 
  8.27  of a pass plan that has been approved by the medical director of 
  8.28  the Minnesota security hospital.  At least ten days prior to a 
  8.29  determination on the plan, the medical director shall notify the 
  8.30  designated agency, the committing court, the county attorney of 
  8.31  the county of commitment, an interested person, the petitioner, 
  8.32  and the petitioner's counsel of the plan, the nature of the 
  8.33  passes proposed, and their right to object to the plan.  If any 
  8.34  notified person objects prior to the proposed date of 
  8.35  implementation, the person shall have an opportunity to appear, 
  8.36  personally or in writing, before the medical director, within 
  9.1   ten days of the objection, to present grounds for opposing the 
  9.2   plan.  The pass plan shall not be implemented until the 
  9.3   objecting person has been furnished that opportunity.  Nothing 
  9.4   in this subdivision shall be construed to give a patient an 
  9.5   affirmative right to a pass plan.  
  9.6      Sec. 13.  Minnesota Statutes 1996, section 253B.18, 
  9.7   subdivision 4b, is amended to read: 
  9.8      Subd. 4b.  [PASS-ELIGIBLE STATUS; NOTIFICATION.] The 
  9.9   following patients committed to the Minnesota security hospital 
  9.10  a secure treatment facility shall not be placed on pass-eligible 
  9.11  status unless that status has been approved by the medical 
  9.12  director of the Minnesota security hospital:  
  9.13     (a) a patient who has been committed as mentally ill and 
  9.14  dangerous and who 
  9.15     (1) was found incompetent to proceed to trial for a felony 
  9.16  or was found not guilty by reason of mental illness of a felony 
  9.17  immediately prior to the filing of the commitment petition; 
  9.18     (2) was convicted of a felony immediately prior to or 
  9.19  during commitment as mentally ill and dangerous; or 
  9.20     (3) is subject to a commitment to the commissioner of 
  9.21  corrections; and 
  9.22     (b) a patient who has been committed as a sexual 
  9.23  psychopathic personality, as defined in section 526.09 253B.02, 
  9.24  subdivision 18a, or sexually dangerous person as defined in 
  9.25  section 253B.02, subdivision 18b.  
  9.26     At least ten days prior to a determination on the status, 
  9.27  the medical director shall notify the committing court, the 
  9.28  county attorney of the county of commitment, the designated 
  9.29  agency, an interested person, the petitioner, and the 
  9.30  petitioner's counsel of the proposed status, and their right to 
  9.31  request review by the special review board.  If within ten days 
  9.32  of receiving notice any notified person requests review by 
  9.33  filing a notice of objection with the commissioner and the head 
  9.34  of the treatment facility, a hearing shall be held before the 
  9.35  special review board.  The proposed status shall not be 
  9.36  implemented unless it receives a favorable recommendation by a 
 10.1   majority of the board and approval by the commissioner.  The 
 10.2   order of the commissioner is appealable as provided in section 
 10.3   253B.19.  
 10.4      Nothing in this subdivision shall be construed to give a 
 10.5   patient an affirmative right to seek pass-eligible status from 
 10.6   the special review board.  
 10.7      Sec. 14.  Minnesota Statutes 1996, section 253B.18, 
 10.8   subdivision 5, is amended to read: 
 10.9      Subd. 5.  [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 
 10.10  A petition for an order of transfer, discharge, provisional 
 10.11  discharge, or revocation of provisional discharge shall be filed 
 10.12  with the commissioner and may be filed by the patient or by the 
 10.13  head of the treatment facility.  A patient may not petition the 
 10.14  special review board for one year following the final 
 10.15  disposition of any previous petition filed by the patient.  The 
 10.16  special review board shall hold a hearing on each petition prior 
 10.17  to making any recommendation.  Within 45 days of the filing of 
 10.18  the petition, The special review board hearings are not 
 10.19  contested cases as defined in chapter 14.  Fourteen days prior 
 10.20  to the hearing, the committing court, the county attorney of the 
 10.21  county of commitment, the designated agency, an interested 
 10.22  person, the petitioner and petitioner's counsel shall be given 
 10.23  written notice by the commissioner of the time and place of the 
 10.24  hearing before the special review board.  Only those entitled to 
 10.25  statutory notice of the hearing or those administratively 
 10.26  required to attend may be present at the hearing.  The board 
 10.27  shall provide the commissioner with written findings of fact and 
 10.28  recommendations within 21 days of the hearing.  The commissioner 
 10.29  shall issue an order no later than 14 days after receiving the 
 10.30  recommendation of the special review board.  A copy of the order 
 10.31  shall be sent by certified mail to every person entitled to 
 10.32  statutory notice of the hearing within five days after it 
 10.33  is issued signed.  No order by the commissioner shall be 
 10.34  effective sooner than 15 30 days after it is issued the order is 
 10.35  signed, unless the county attorney, the patient, and the 
 10.36  commissioner agree that it can become effective sooner.  
 11.1      Sec. 15.  Minnesota Statutes 1996, section 253B.18, 
 11.2   subdivision 6, is amended to read: 
 11.3      Subd. 6.  [TRANSFER.] (a) Persons who have been found by 
 11.4   the committing court to be mentally ill and dangerous to the 
 11.5   public shall not be transferred out of the Minnesota Security 
 11.6   Hospital a secure treatment facility unless it appears to the 
 11.7   satisfaction of the commissioner, after a hearing and favorable 
 11.8   recommendation by a majority of the special review board, that 
 11.9   the transfer is appropriate.  Transfer may be to other regional 
 11.10  centers under the commissioner's control.  In those instances 
 11.11  where a commitment also exists to the department of corrections, 
 11.12  transfer may be to a facility designated by the commissioner of 
 11.13  corrections.  
 11.14     The following factors are to must be considered in 
 11.15  determining whether a transfer is appropriate:  
 11.16     (i) the person's clinical progress and present treatment 
 11.17  needs; 
 11.18     (ii) the need for security to accomplish continuing 
 11.19  treatment; 
 11.20     (iii) the need for continued institutionalization; 
 11.21     (iv) which facility can best meet the person's needs; and 
 11.22     (v) whether transfer can be accomplished with a reasonable 
 11.23  degree of safety for the public.  
 11.24     Sec. 16.  Minnesota Statutes 1996, section 253B.18, 
 11.25  subdivision 7, is amended to read: 
 11.26     Subd. 7.  [PROVISIONAL DISCHARGE.] Patients who have been 
 11.27  found by the committing court to be mentally ill and dangerous 
 11.28  to the public shall not be provisionally discharged unless it 
 11.29  appears to the satisfaction of the commissioner, after a hearing 
 11.30  and a favorable recommendation by a majority of the special 
 11.31  review board, that the patient is capable of making an 
 11.32  acceptable adjustment to open society.  
 11.33     The following factors are to be considered in determining 
 11.34  whether a provisional discharge shall be recommended:  (a) 
 11.35  whether the patient's course of hospitalization and present 
 11.36  mental status indicate there is no longer a need for inpatient 
 12.1   treatment and supervision in the patient's current treatment 
 12.2   setting; and (b) whether the conditions of the provisional 
 12.3   discharge plan will provide a reasonable degree of protection to 
 12.4   the public and will enable the patient to adjust successfully to 
 12.5   the community.  
 12.6      Sec. 17.  Minnesota Statutes 1996, section 253B.18, 
 12.7   subdivision 9, is amended to read: 
 12.8      Subd. 9.  [PROVISIONAL DISCHARGE; REVIEW.] A provisional 
 12.9   discharge pursuant to this section shall not automatically 
 12.10  terminate.  A full discharge shall occur only as provided in 
 12.11  subdivision 15.  The commissioner shall annually review the 
 12.12  facts relating to the activity of a patient on provisional 
 12.13  discharge and notify the patient that the terms of the a 
 12.14  provisional discharge shall continue unless the patient requests 
 12.15  and is granted a change in the conditions of provisional 
 12.16  discharge or unless the patient petitions the special review 
 12.17  board for a full discharge and the discharge is granted.  
 12.18     Sec. 18.  Minnesota Statutes 1996, section 253B.18, 
 12.19  subdivision 14, is amended to read: 
 12.20     Subd. 14.  [VOLUNTARY READMISSION.] With the consent of the 
 12.21  head of the treatment facility, a patient may voluntarily return 
 12.22  from provisional discharge for a period of up to 30 days and be 
 12.23  released from the treatment facility without a further review by 
 12.24  the special review board.  All the terms and conditions of the 
 12.25  provisional discharge order shall remain unchanged if the 
 12.26  patient is released again.  If the patient is not returned to 
 12.27  provisional discharge status within 30 days, the provisional 
 12.28  discharge is revoked.  Within 15 days of receiving notice of the 
 12.29  change in status, the patient may request a review of the matter 
 12.30  before the special review board.  The board may recommend a 
 12.31  return to a provisional discharge status. 
 12.32     Sec. 19.  Minnesota Statutes 1996, section 253B.19, 
 12.33  subdivision 2, is amended to read: 
 12.34     Subd. 2.  [PETITION; HEARING.] The committed person or the 
 12.35  county attorney of the county from which a patient as mentally 
 12.36  ill and dangerous to the public was committed may petition the 
 13.1   appeal panel for a rehearing and reconsideration of a decision 
 13.2   by the commissioner.  The petition shall be filed with the 
 13.3   supreme court within 30 days after the decision of the 
 13.4   commissioner is signed.  The supreme court shall refer the 
 13.5   petition to the chief judge of the appeal panel.  The chief 
 13.6   judge shall notify the patient, the county attorney of the 
 13.7   county of commitment, the designated agency, the commissioner, 
 13.8   the head of the treatment facility, any interested person, and 
 13.9   other persons the chief judge designates, of the time and place 
 13.10  of the hearing on the petition.  The notice shall be given at 
 13.11  least 14 days prior to the date of the hearing.  The hearing 
 13.12  shall be within 45 days of the filing of the petition unless an 
 13.13  extension is granted for good cause.  Any person may oppose the 
 13.14  petition.  The appeal panel may appoint examiners and may 
 13.15  adjourn the hearing from time to time.  It shall hear and 
 13.16  receive all relevant testimony and evidence and make a record of 
 13.17  all proceedings.  The patient, patient's counsel, and the county 
 13.18  attorney of the committing county may be present and present and 
 13.19  cross-examine all witnesses.  The petitioning party bears the 
 13.20  burden of going forward with the evidence.  The party opposing 
 13.21  discharge bears the burden of proof by clear and convincing 
 13.22  evidence that the respondent is in need of commitment. 
 13.23     Sec. 20.  Minnesota Statutes 1996, section 253B.19, 
 13.24  subdivision 3, is amended to read: 
 13.25     Subd. 3.  [DECISION.] A majority of the appeal panel shall 
 13.26  rule upon the petition.  The order of the appeal panel shall 
 13.27  supersede the order of the commissioner in the cases.  No order 
 13.28  of the appeal panel granting a transfer, discharge or 
 13.29  provisional discharge shall be made effective sooner than 15 
 13.30  days after it is issued.  The panel shall not modify conditions 
 13.31  of a transfer or provisional discharge from those approved by 
 13.32  the commissioner without the commissioner's consent.  The panel 
 13.33  shall not consider petitions for relief other than those 
 13.34  considered by the commissioner and special review board from 
 13.35  which the appeal is taken. 
 13.36     Sec. 21.  Minnesota Statutes 1996, section 256.015, 
 14.1   subdivision 1, is amended to read: 
 14.2      Subdivision 1.  [STATE AGENCY HAS LIEN.] When the state 
 14.3   agency provides, pays for, or becomes liable for medical care or 
 14.4   furnishes subsistence or other payments to a person, the agency 
 14.5   has shall have a lien for the cost of the care and payments 
 14.6   on any and all causes of action that or recovery rights under 
 14.7   any policy, plan, or contract providing benefits for health care 
 14.8   or injury which accrue to the person to whom the care or 
 14.9   payments were furnished, or to the person's legal 
 14.10  representatives, as a result of the occurrence that necessitated 
 14.11  the medical care, subsistence, or other payments.  For purposes 
 14.12  of this section, "state agency" includes authorized agents of 
 14.13  the state agency. 
 14.14     Sec. 22.  Minnesota Statutes 1996, section 256.015, 
 14.15  subdivision 2, is amended to read: 
 14.16     Subd. 2.  [PERFECTION; ENFORCEMENT.] (a) The state agency 
 14.17  may perfect and enforce its lien under sections 514.69, 514.70, 
 14.18  and 514.71, and must file the verified lien statement with the 
 14.19  appropriate court administrator in the county of financial 
 14.20  responsibility.  The verified lien statement must contain the 
 14.21  following:  the name and address of the person to whom medical 
 14.22  care, subsistence, or other payment was furnished; the date of 
 14.23  injury; the name and address of vendors furnishing medical care; 
 14.24  the dates of the service or payment; the amount claimed to be 
 14.25  due for the care or payment; and to the best of the state 
 14.26  agency's knowledge, the names and addresses of all persons, 
 14.27  firms, or corporations claimed to be liable for damages arising 
 14.28  from the injuries.  
 14.29     (b) This section does not affect the priority of any 
 14.30  attorney's lien.  The state agency is not subject to any 
 14.31  limitations period referred to in section 514.69 or 514.71 and 
 14.32  has one year from the date notice is first received by it under 
 14.33  subdivision 4, paragraph (c), even if the notice is untimely, or 
 14.34  one year from the date medical bills are first paid by the state 
 14.35  agency, whichever is later, to file its verified lien 
 14.36  statement.  The state agency may commence an action to enforce 
 15.1   the lien within one year of (1) the date the notice required by 
 15.2   subdivision 4, paragraph (c), is received, or (2) the date the 
 15.3   person's cause of action is concluded by judgment, award, 
 15.4   settlement, or otherwise, whichever is later. 
 15.5      (c) If the notice required in subdivision 4 is not provided 
 15.6   by any of the parties to the claim at any stage of the claim, 
 15.7   the state agency will have one year from the date the state 
 15.8   agency learns of the lack of notice to commence an action.  If 
 15.9   amounts on the claim or cause of action are paid and the amount 
 15.10  required to be paid to the state agency under subdivision 5 is 
 15.11  not paid to the state agency, the state agency may commence an 
 15.12  action to recover on the lien against any or all of the parties 
 15.13  or entities which have either paid or received the payments. 
 15.14     Sec. 23.  Minnesota Statutes 1996, section 256.015, 
 15.15  subdivision 4, is amended to read: 
 15.16     Subd. 4.  [NOTICE.] The state agency must be given notice 
 15.17  of monetary claims against a person, firm, or corporation that 
 15.18  may be liable in damages to the injured person when the state 
 15.19  agency has paid for or become liable for the cost of medical 
 15.20  care or payments related to the injury.  Notice must be given as 
 15.21  follows: 
 15.22     (a) Applicants for public assistance shall notify the state 
 15.23  or county agency of any possible claims they may have against a 
 15.24  person, firm, or corporation when they submit the application 
 15.25  for assistance.  Recipients of public assistance shall notify 
 15.26  the state or county agency of any possible claims when those 
 15.27  claims arise. 
 15.28     (b) A person providing medical care services to a recipient 
 15.29  of public assistance shall notify the state agency when the 
 15.30  person has reason to believe that a third party may be liable 
 15.31  for payment of the cost of medical care. 
 15.32     (c) A person who is a party to a claim upon which the state 
 15.33  agency may be entitled to a lien under this section shall notify 
 15.34  the state agency of its potential lien claim before filing a 
 15.35  claim, commencing an action, or negotiating a settlement. at 
 15.36  each of the following stages of a claim:  (1) when a claim is 
 16.1   filed; (2) when an action is commenced; and (3) when a claim is 
 16.2   concluded by payment, award, judgment, settlement, or 
 16.3   otherwise.  Every party involved in any stage of a claim under 
 16.4   this subdivision is required to provide notice to the state 
 16.5   agency at that stage of the claim.  However, when one of the 
 16.6   parties to the claim provides notice at that stage, every other 
 16.7   party to the claim is deemed to have provided the required 
 16.8   notice at that stage of the claim.  If the required notice under 
 16.9   this paragraph is not provided to the state agency, every party 
 16.10  will be deemed to have failed to provide the required notice.  A 
 16.11  person who is a party to a claim includes the injured person or 
 16.12  the person's legal representative, the plaintiff, the 
 16.13  defendants, or persons alleged to be responsible for 
 16.14  compensating the injured person or plaintiff, and any other 
 16.15  party to the cause of action or claim, regardless of whether the 
 16.16  party knows the state agency has a potential or actual lien 
 16.17  claim.  
 16.18     Notice given to the county agency is not sufficient to meet 
 16.19  the requirements of paragraphs (b) and (c). 
 16.20     Sec. 24.  Minnesota Statutes 1996, section 256B.042, 
 16.21  subdivision 1, is amended to read: 
 16.22     Subdivision 1.  [LIEN FOR COST OF CARE.] When the state 
 16.23  agency provides, pays for, or becomes liable for medical care, 
 16.24  it shall have a lien for the cost of the care upon any and all 
 16.25  causes of action or recovery rights under any policy, plan, or 
 16.26  contract providing benefits for health care or injury, which 
 16.27  accrue to the person to whom the care was furnished, or to the 
 16.28  person's legal representatives, as a result of the illness or 
 16.29  injuries which necessitated the medical care.  
 16.30     Sec. 25.  Minnesota Statutes 1996, section 256B.042, 
 16.31  subdivision 2, is amended to read: 
 16.32     Subd. 2.  [LIEN ENFORCEMENT.] (a) The state agency may 
 16.33  perfect and enforce its lien by following the procedures set 
 16.34  forth in sections 514.69, 514.70 and 514.71, and its verified 
 16.35  lien statement shall be filed with the appropriate court 
 16.36  administrator in the county of financial responsibility.  The 
 17.1   verified lien statement shall contain the following:  the name 
 17.2   and address of the person to whom medical care was furnished, 
 17.3   the date of injury, the name and address of the vendor or 
 17.4   vendors furnishing medical care, the dates of the service, the 
 17.5   amount claimed to be due for the care, and, to the best of the 
 17.6   state agency's knowledge, the names and addresses of all 
 17.7   persons, firms, or corporations claimed to be liable for damages 
 17.8   arising from the injuries.  This section shall not affect the 
 17.9   priority of any attorney's lien.  
 17.10     (b) The state agency is not subject to any limitations 
 17.11  period referred to in section 514.69 or 514.71 and has one year 
 17.12  from the date notice is first received by it under subdivision 
 17.13  4, paragraph (c), even if the notice is untimely, or one year 
 17.14  from the date medical bills are first paid by the state agency, 
 17.15  whichever is later, to file its verified lien statement.  The 
 17.16  state agency may commence an action to enforce the lien within 
 17.17  one year of (1) the date the notice required by subdivision 4, 
 17.18  paragraph (c), is received or (2) the date the recipient's cause 
 17.19  of action is concluded by judgment, award, settlement, or 
 17.20  otherwise, whichever is later.  For purposes of this section, 
 17.21  "state agency" includes authorized agents of the state agency. 
 17.22     (c) If the notice required in subdivision 4 is not provided 
 17.23  by any of the parties to the claim at any stage of the claim, 
 17.24  the state agency will have one year from the date the state 
 17.25  agency learns of the lack of notice to commence an action.  If 
 17.26  amounts on the claim or cause of action are paid and the amount 
 17.27  required to be paid to the state agency under subdivision 5, is 
 17.28  not paid to the state agency, the state agency may commence an 
 17.29  action to recover on the lien against any or all of the parties 
 17.30  or entities which have either paid or received the payments. 
 17.31     Sec. 26.  Minnesota Statutes 1996, section 256B.042, 
 17.32  subdivision 4, is amended to read: 
 17.33     Subd. 4.  [NOTICE.] The state agency must be given notice 
 17.34  of monetary claims against a person, firm, or corporation that 
 17.35  may be liable to pay part or all of the cost of medical care 
 17.36  when the state agency has paid or become liable for the cost of 
 18.1   that care.  Notice must be given as follows:  
 18.2      (a) Applicants for medical assistance shall notify the 
 18.3   state or local agency of any possible claims when they submit 
 18.4   the application.  Recipients of medical assistance shall notify 
 18.5   the state or local agency of any possible claims when those 
 18.6   claims arise. 
 18.7      (b) A person providing medical care services to a recipient 
 18.8   of medical assistance shall notify the state agency when the 
 18.9   person has reason to believe that a third party may be liable 
 18.10  for payment of the cost of medical care.  
 18.11     (c) A person who is a party to a claim upon which the state 
 18.12  agency may be entitled to a lien under this section shall notify 
 18.13  the state agency of its potential lien claim before filing a 
 18.14  claim, commencing an action, or negotiating a settlement. at 
 18.15  each of the following stages of a claim:  (1) when a claim is 
 18.16  filed; (2) when an action is commenced; and (3) when a claim is 
 18.17  concluded by payment, award, judgment, settlement, or 
 18.18  otherwise.  Every party involved in any stage of a claim under 
 18.19  this subdivision is required to provide notice to the state 
 18.20  agency at that stage of the claim.  However, when one of the 
 18.21  parties to the claim provides notice at that stage, every other 
 18.22  party to the claim is deemed to have provided the required 
 18.23  notice at that stage of the claim.  If the required notice under 
 18.24  this paragraph is not provided to the state agency, all parties 
 18.25  to the claim are deemed to have failed to provide the required 
 18.26  notice.  A person who is a party to a claim includes the injured 
 18.27  person or the person's legal representative, the plaintiff, the 
 18.28  defendants, or persons alleged to be responsible for 
 18.29  compensating the injured person or plaintiff, and any other 
 18.30  party to the cause of action or claim, regardless of whether the 
 18.31  party knows the state agency has a potential or actual lien 
 18.32  claim. 
 18.33     Notice given to the local agency is not sufficient to meet 
 18.34  the requirements of paragraphs (b) and (c). 
 18.35     Sec. 27.  Minnesota Statutes 1996, section 256B.37, 
 18.36  subdivision 1, is amended to read: 
 19.1      Subdivision 1.  [SUBROGATION.] Upon furnishing medical 
 19.2   assistance to any person having who has private accident or 
 19.3   health care coverage, or receives or has a right to receive 
 19.4   health or medical care from any type of organization or entity, 
 19.5   or having has a cause of action arising out of an occurrence 
 19.6   that necessitated the payment of medical assistance, the state 
 19.7   agency or the state agency's agent shall be subrogated, to the 
 19.8   extent of the cost of medical care furnished, to any rights the 
 19.9   person may have under the terms of the coverage, or against the 
 19.10  organization or entity providing or liable to provide health or 
 19.11  medical care, or under the cause of action.  
 19.12     The right of subrogation created in this section includes 
 19.13  all portions of the cause of action, notwithstanding any 
 19.14  settlement allocation or apportionment that purports to dispose 
 19.15  of portions of the cause of action not subject to subrogation.  
 19.16     Sec. 28.  Minnesota Statutes 1996, section 514.71, is 
 19.17  amended to read: 
 19.18     514.71 [RELEASE.] 
 19.19     No release of such causes of action, or any of them, or of 
 19.20  any judgment thereon shall be valid or effectual as against such 
 19.21  lien unless such lienholder shall join therein, or execute a 
 19.22  release of such lien, and the claimant, or assignee of such 
 19.23  lien, may enforce such lien by action against the person, firm, 
 19.24  or corporation liable for such damages, and against any person 
 19.25  who received payment for such damages, which action shall be 
 19.26  commenced and tried in the county in which such lien shall be 
 19.27  filed, unless ordered removed to another county by the court for 
 19.28  cause.  If the claimant shall prevail in such action, the court 
 19.29  may allow reasonable attorneys' fees and disbursements.  Such 
 19.30  action shall be commenced within two years after the filing of 
 19.31  such lien. 
 19.32     Sec. 29.  Minnesota Statutes 1996, section 514.980, 
 19.33  subdivision 2, is amended to read: 
 19.34     Subd. 2.  [MEDICAL ASSISTANCE AGENCY OR AGENCY.] "Medical 
 19.35  assistance agency" or "agency" means the state or any county 
 19.36  medical assistance agency that state department of human 
 20.1   services when it provides a medical assistance benefit. 
 20.2      Sec. 30.  Minnesota Statutes 1996, section 514.981, 
 20.3   subdivision 2, is amended to read: 
 20.4      Subd. 2.  [ATTACHMENT.] (a) A medical assistance lien 
 20.5   attaches and becomes enforceable against specific real property 
 20.6   as of the date when the following conditions are met: 
 20.7      (1) payments have been made by an agency for a medical 
 20.8   assistance benefit; 
 20.9      (2) notice and an opportunity for a hearing have been 
 20.10  provided under paragraph (b); 
 20.11     (3) a lien notice has been filed as provided in section 
 20.12  514.982; 
 20.13     (4) if the property is registered property, the lien notice 
 20.14  has been memorialized on the certificate of title of the 
 20.15  property affected by the lien notice; and 
 20.16     (5) all restrictions against enforcement have ceased to 
 20.17  apply. 
 20.18     (b) An agency may not file a medical assistance lien notice 
 20.19  until the medical assistance recipient and the recipient's 
 20.20  spouse or their legal representatives have been sent, by 
 20.21  certified or registered mail, written notice of the agency's 
 20.22  lien rights and there has been an opportunity for a hearing 
 20.23  under section 256.045.  In addition, the agency may not file a 
 20.24  lien notice unless the agency determines as medically verified 
 20.25  by the recipient's attending physician that the medical 
 20.26  assistance recipient cannot reasonably be expected to be 
 20.27  discharged from a medical institution and return home. 
 20.28     (c) An agency may not file a medical assistance lien notice 
 20.29  against real property while it is the home of the recipient's 
 20.30  spouse. 
 20.31     (d) An agency may not file a medical assistance lien notice 
 20.32  against real property that was the homestead of the medical 
 20.33  assistance recipient or the recipient's spouse when the medical 
 20.34  assistance recipient received medical institution services if 
 20.35  any of the following persons are lawfully residing in the 
 20.36  property: 
 21.1      (1) a child of the medical assistance recipient if the 
 21.2   child is under age 21 or is blind or permanently and totally 
 21.3   disabled according to the supplemental security income criteria; 
 21.4      (2) a child of the medical assistance recipient if the 
 21.5   child resided in the homestead for at least two years 
 21.6   immediately before the date the medical assistance recipient 
 21.7   received medical institution services, and the child provided 
 21.8   care to the medical assistance recipient that permitted the 
 21.9   recipient to live without medical institution services; or 
 21.10     (3) a sibling of the medical assistance recipient if the 
 21.11  sibling has an equity interest in the property and has resided 
 21.12  in the property for at least one year immediately before the 
 21.13  date the medical assistance recipient began receiving medical 
 21.14  institution services. 
 21.15     (e) A medical assistance lien applies only to the specific 
 21.16  real property described in the lien notice. 
 21.17     Sec. 31.  Minnesota Statutes 1996, section 514.982, 
 21.18  subdivision 1, is amended to read: 
 21.19     Subdivision 1.  [CONTENTS.] A medical assistance lien 
 21.20  notice must be dated and must contain: 
 21.21     (1) the full name, last known address, and social security 
 21.22  number of the medical assistance recipient and the full name, 
 21.23  address, and social security number of the recipient's spouse; 
 21.24     (2) a statement that medical assistance payments have been 
 21.25  made to or for the benefit of the medical assistance recipient 
 21.26  named in the notice, specifying the first date of eligibility 
 21.27  for benefits; 
 21.28     (3) a statement that all interests in real property owned 
 21.29  by the persons named in the notice may be subject to or affected 
 21.30  by the rights of the agency to be reimbursed for medical 
 21.31  assistance benefits; and 
 21.32     (4) the legal description of the real property upon which 
 21.33  the lien attaches, and whether the property is registered 
 21.34  property. 
 21.35     Sec. 32.  Minnesota Statutes 1996, section 514.982, 
 21.36  subdivision 2, is amended to read: 
 22.1      Subd. 2.  [FILING.] Any notice, release, or other document 
 22.2   required to be filed under sections 514.980 to 514.985 must 
 22.3   be recorded or filed in the office of the county recorder or 
 22.4   registrar of titles, as appropriate, in the county where the 
 22.5   real property is located.  Notwithstanding section 386.77, the 
 22.6   agency shall pay the applicable filing fee for any document 
 22.7   filed under sections 514.980 to 514.985.  The commissioner of 
 22.8   human services shall reimburse the county agency for filing fees 
 22.9   paid under this section.  An attestation, certification, or 
 22.10  acknowledgment is not required as a condition of filing.  Upon 
 22.11  filing of a medical assistance lien notice, the registrar of 
 22.12  titles shall record it on the certificate of title of each 
 22.13  parcel of property described in the lien notice.  The county 
 22.14  recorder of each county shall establish an index of medical 
 22.15  assistance lien notices, other than those that affect only 
 22.16  registered property, showing the names of all persons named in 
 22.17  the medical assistance lien notices filed in the county, 
 22.18  arranged alphabetically.  The index must be combined with the 
 22.19  index of state tax lien notices.  If the property described in 
 22.20  the medical assistance lien notice is registered property, the 
 22.21  registrar of titles shall record it on the certificate of title 
 22.22  for each parcel of property described in the lien notice.  If 
 22.23  the property described in the medical assistance lien notice is 
 22.24  abstract property, the recorder shall file the medical 
 22.25  assistance lien in the county's grantor-grantee indexes and any 
 22.26  tract indexes the county maintains for each parcel of property 
 22.27  described in the lien notice.  The recorder shall return 
 22.28  recorded medical assistance lien notices for abstract property 
 22.29  to the agency at no cost.  If the agency provides a duplicate 
 22.30  copy of a medical assistance lien notice for registered 
 22.31  property, the registrar of titles shall show the recording data 
 22.32  for the medical assistance lien notice on the copy and return it 
 22.33  to the agency at no cost.  The filing or mailing of any notice, 
 22.34  release, or other document under sections 514.980 to 514.985 is 
 22.35  the responsibility of the agency.  The agency shall send a copy 
 22.36  of the medical assistance lien notice by registered or certified 
 23.1   mail to each record owner and mortgagee of the real property.  
 23.2      Sec. 33.  Minnesota Statutes 1996, section 514.985, is 
 23.3   amended to read: 
 23.4      514.985 [AMOUNTS RECEIVED TO SATISFY LIEN.] 
 23.5      Amounts received by the state agency to satisfy a medical 
 23.6   assistance lien filed by the state agency must be deposited in 
 23.7   the state treasury and credited to the fund from which the 
 23.8   medical assistance payments were made.  Amounts received by a 
 23.9   county medical assistance agency to satisfy a medical assistance 
 23.10  lien filed by the county medical assistance agency must be 
 23.11  deposited in the county treasury and credited to the fund from 
 23.12  which the medical assistance payments were made forwarded to the 
 23.13  agency and deposited and credited as provided for in this 
 23.14  section. 
 23.15     Sec. 34.  Minnesota Statutes 1996, section 524.1-201, is 
 23.16  amended to read: 
 23.17     524.1-201 [GENERAL DEFINITIONS.] 
 23.18     Subject to additional definitions contained in the 
 23.19  subsequent articles which are applicable to specific articles or 
 23.20  parts, and unless the context otherwise requires, in chapters 
 23.21  524 and 525: 
 23.22     (2) "Application" means a written request to the registrar 
 23.23  for an order of informal probate or appointment under article 
 23.24  III, part 3. 
 23.25     (3) "Beneficiary," as it relates to trust beneficiaries, 
 23.26  includes a person who has any present or future interest, vested 
 23.27  or contingent, and also includes the owner of an interest by 
 23.28  assignment or other transfer and as it relates to a charitable 
 23.29  trust, includes any person entitled to enforce the trust. 
 23.30     (5) "Child" includes any individual entitled to take as a 
 23.31  child under law by intestate succession from the parent whose 
 23.32  relationship is involved and excludes any person who is only a 
 23.33  stepchild, a foster child, a grandchild or any more remote 
 23.34  descendant. 
 23.35     (6) "Claims" includes liabilities of the decedent whether 
 23.36  arising in contract or otherwise and liabilities of the estate 
 24.1   which arise after the death of the decedent including funeral 
 24.2   expenses and expenses of administration.  The term does not 
 24.3   include taxes, demands or disputes regarding title of a decedent 
 24.4   to specific assets alleged to be included in the estate, tort 
 24.5   claims, foreclosure of mechanic's liens, or to actions pursuant 
 24.6   to section 573.02. 
 24.7      (7) "Court" means the court or branch having jurisdiction 
 24.8   in matters relating to the affairs of decedents.  This court in 
 24.9   this state is known as the district court. 
 24.10     (8) "Conservator" means a person who is appointed by a 
 24.11  court to manage the estate of a protected person.  
 24.12     (9) "Descendant" of an individual means all of the 
 24.13  individual's descendants of all generations, with the 
 24.14  relationship of parent and child at each generation being 
 24.15  determined by the definition of child and parent contained in 
 24.16  this section. 
 24.17     (10) "Devise," when used as a noun, means a testamentary 
 24.18  disposition of real or personal property and when used as a 
 24.19  verb, means to dispose of real or personal property by will. 
 24.20     (11) "Devisee" means any person designated in a will to 
 24.21  receive a devise.  In the case of a devise to an existing trust 
 24.22  or trustee, or to a trustee on trust described by will, the 
 24.23  trust or trustee is the devisee and the beneficiaries are not 
 24.24  devisees. 
 24.25     (12) "Disability" means cause for a protective order as 
 24.26  described by section 525.54. 
 24.27     (13) "Distributee" means any person who has received or who 
 24.28  will receive property of a decedent from the decedent's personal 
 24.29  representative other than as a creditor or purchaser.  A 
 24.30  testamentary trustee is a distributee with respect to property 
 24.31  which the trustee has received from a personal representative 
 24.32  only to the extent of distributed assets or their increment 
 24.33  remaining in the trustee's hands.  A beneficiary of a 
 24.34  testamentary trust to whom the trustee has distributed property 
 24.35  received from a personal representative is a distributee of the 
 24.36  personal representative.  For purposes of this provision, 
 25.1   "testamentary trustee" includes a trustee to whom assets are 
 25.2   transferred by will, to the extent of the devised assets. 
 25.3      (14) "Estate" includes all of the property of the decedent, 
 25.4   trust, or other person whose affairs are subject to this chapter 
 25.5   as originally constituted and as it exists from time to time 
 25.6   during administration. 
 25.7      (16) "Fiduciary" includes personal representative, 
 25.8   guardian, conservator and trustee. 
 25.9      (17) "Foreign personal representative" means a personal 
 25.10  representative of another jurisdiction. 
 25.11     (18) "Formal proceedings" means those conducted before a 
 25.12  judge with notice to interested persons. 
 25.13     (20) "Guardian" means a person who has qualified as a 
 25.14  guardian of a minor or incapacitated person pursuant to 
 25.15  testamentary or court appointment, but excludes one who is 
 25.16  merely a guardian ad litem. 
 25.17     (21) "Heirs" means those persons, including the surviving 
 25.18  spouse, who are entitled under the statutes of intestate 
 25.19  succession to the property of a decedent. 
 25.20     (22) "Incapacitated person" is as described in section 
 25.21  525.54, other than a minor. 
 25.22     (23) "Informal proceedings" means those conducted by the 
 25.23  judge, the registrar, or the person or persons designated by the 
 25.24  judge for probate of a will or appointment of a personal 
 25.25  representative in accordance with sections 524.3-301 to 
 25.26  524.3-311. 
 25.27     (24) "Interested person" includes heirs, devisees, 
 25.28  children, spouses, creditors, beneficiaries and any others 
 25.29  having a property right in or claim against the estate of a 
 25.30  decedent, ward or protected person which may be affected by the 
 25.31  proceeding.  It also includes persons having priority for 
 25.32  appointment as personal representative, and other fiduciaries 
 25.33  representing interested persons.  The meaning as it relates to 
 25.34  particular persons may vary from time to time and must be 
 25.35  determined according to the particular purposes of, and matter 
 25.36  involved in, any proceeding. 
 26.1      (27) "Lease" includes an oil, gas, or other mineral lease. 
 26.2      (28) "Letters" includes letters testamentary, letters of 
 26.3   guardianship, letters of administration, and letters of 
 26.4   conservatorship. 
 26.5      (30) "Mortgage" means any conveyance, agreement or 
 26.6   arrangement in which property is used as security. 
 26.7      (31) "Nonresident decedent" means a decedent who was 
 26.8   domiciled in another jurisdiction at the time of death. 
 26.9      (32) "Organization" includes a corporation, government or 
 26.10  governmental subdivision or agency, business trust, estate, 
 26.11  trust, partnership or association, two or more persons having a 
 26.12  joint or common interest, or any other legal entity. 
 26.13     (35) "Person" means an individual, a corporation, an 
 26.14  organization, or other legal entity. 
 26.15     (36) "Personal representative" includes executor, 
 26.16  administrator, successor personal representative, special 
 26.17  administrator, and persons who perform substantially the same 
 26.18  function under the law governing their status.  "General 
 26.19  personal representative" excludes special administrator. 
 26.20     (37) "Petition" means a written request to the court for an 
 26.21  order after notice. 
 26.22     (38) "Proceeding" includes action at law and suit in equity.
 26.23     (39) "Property" includes both real and personal property or 
 26.24  any interest therein and means anything that may be the subject 
 26.25  of ownership. 
 26.26     (40) "Protected person" is as described in section 525.54, 
 26.27  subdivision 1. 
 26.28     (42) "Registrar" refers to the judge of the court or the 
 26.29  person designated by the court to perform the functions of 
 26.30  registrar as provided in section 524.1-307. 
 26.31     (43) "Security" includes any note, stock, treasury stock, 
 26.32  bond, debenture, evidence of indebtedness, certificate of 
 26.33  interest or participation in an oil, gas or mining title or 
 26.34  lease or in payments out of production under such a title or 
 26.35  lease, collateral trust certificate, transferable share, voting 
 26.36  trust certificate or, in general, any interest or instrument 
 27.1   commonly known as a security, or any certificate of interest or 
 27.2   participation, any temporary or interim certificate, receipt or 
 27.3   certificate of deposit for, or any warrant or right to subscribe 
 27.4   to or purchase, any of the foregoing. 
 27.5      (44) "Settlement," in reference to a decedent's estate, 
 27.6   includes the full process of administration, distribution and 
 27.7   closing. 
 27.8      (45) "Special administrator" means a personal 
 27.9   representative as described by sections 524.3-614 to 524.3-618. 
 27.10     (46) "State" includes any state of the United States, the 
 27.11  District of Columbia, the Commonwealth of Puerto Rico, and any 
 27.12  territory or possession subject to the legislative authority of 
 27.13  the United States. 
 27.14     (47) "Successor personal representative" means a personal 
 27.15  representative, other than a special administrator, who is 
 27.16  appointed to succeed a previously appointed personal 
 27.17  representative. 
 27.18     (48) "Successors" means those persons, other than 
 27.19  creditors, who are entitled to property of a decedent under the 
 27.20  decedent's will, this chapter or chapter 525.  "Successors" also 
 27.21  means a funeral director or county government that provides the 
 27.22  funeral and burial of the decedent, or a state or county agency 
 27.23  with a claim authorized under section 256B.15. 
 27.24     (49) "Supervised administration" refers to the proceedings 
 27.25  described in sections 524.3-501 to 524.3-505. 
 27.26     (51) "Testacy proceeding" means a proceeding to establish a 
 27.27  will or determine intestacy. 
 27.28     (53) "Trust" includes any express trust, private or 
 27.29  charitable, with additions thereto, wherever and however 
 27.30  created.  It also includes a trust created or determined by 
 27.31  judgment or decree under which the trust is to be administered 
 27.32  in the manner of an express trust.  "Trust" excludes other 
 27.33  constructive trusts, and it excludes resulting trusts, 
 27.34  conservatorships, personal representatives, trust accounts as 
 27.35  defined in chapter 528, custodial arrangements pursuant to 
 27.36  sections 149.11 to 149.14, 318.01 to 318.06, 527.21 to 527.44, 
 28.1   business trusts providing for certificates to be issued to 
 28.2   beneficiaries, common trust funds, voting trusts, security 
 28.3   arrangements, liquidation trusts, and trusts for the primary 
 28.4   purpose of paying debts, dividends, interest, salaries, wages, 
 28.5   profits, pensions, or employee benefits of any kind, and any 
 28.6   arrangement under which a person is nominee or escrowee for 
 28.7   another. 
 28.8      (54) "Trustee" includes an original, additional, or 
 28.9   successor trustee, whether or not appointed or confirmed by 
 28.10  court. 
 28.11     (55) "Ward" is as described in section 525.54, subdivision 
 28.12  1. 
 28.13     (56) "Will" includes codicil and any testamentary 
 28.14  instrument which merely appoints an executor or revokes or 
 28.15  revises another will. 
 28.16     Sec. 35.  Minnesota Statutes 1996, section 524.3-801, is 
 28.17  amended to read: 
 28.18     524.3-801 [NOTICE TO CREDITORS.] 
 28.19     (a) Unless notice has already been given under this 
 28.20  section, upon appointment of a general personal representative 
 28.21  in informal proceedings or upon the filing of a petition for 
 28.22  formal appointment of a general personal representative, notice 
 28.23  thereof, in the form prescribed by court rule, shall be given 
 28.24  under the direction of the court administrator by publication 
 28.25  once a week for two successive weeks in a legal newspaper in the 
 28.26  county wherein the proceedings are pending giving the name and 
 28.27  address of the general personal representative and notifying 
 28.28  creditors of the estate to present their claims within four 
 28.29  months after the date of the court administrator's notice which 
 28.30  is subsequently published or be forever barred, unless they are 
 28.31  entitled to further service of notice under paragraph (b) or (c).
 28.32     (b)(1) Within three months after:  (i) the date of the 
 28.33  first publication of the notice; or (ii) June 16, 1989, 
 28.34  whichever is later, the personal representative may determine, 
 28.35  in the personal representative's discretion, that it is or is 
 28.36  not advisable to conduct a reasonably diligent search for 
 29.1   creditors of the decedent who are either not known or not 
 29.2   identified.  If the personal representative determines that a 
 29.3   reasonably diligent search is advisable, the personal 
 29.4   representative shall conduct the search. 
 29.5      (2) If the notice is first published after June 16, 1989, 
 29.6   the personal representative shall, within three months after the 
 29.7   date of the first publication of the notice, serve a copy of the 
 29.8   notice upon each then known and identified creditor in the 
 29.9   manner provided in paragraph (c).  If the decedent or a 
 29.10  predeceased spouse of the decedent received assistance for which 
 29.11  a claim could be filed under section 246.53, 256B.15, 256D.16, 
 29.12  or 261.04, the personal representative shall serve a copy of the 
 29.13  notice on the commissioner of human services in the manner 
 29.14  provided in paragraph (c) on or before the date of the first 
 29.15  publication of the notice.  The copy of the notice served on the 
 29.16  commissioner of human services shall include the full name, date 
 29.17  of birth, and social security number of the decedent or the 
 29.18  predeceased spouse who received assistance for which a claim 
 29.19  could be filed under any of the sections listed in this 
 29.20  paragraph.  Notwithstanding any will or other instrument or law 
 29.21  to the contrary, except as allowed in this paragraph no property 
 29.22  subject to administration by the estate may be distributed by 
 29.23  the estate or the personal representative until 70 days after 
 29.24  the date the notice is served upon the commissioner, as provided 
 29.25  in paragraph (c) unless the local agency consents.  An affidavit 
 29.26  of service shall be prima facie evidence of service and, if it 
 29.27  contains a legal description of the affected real property, may 
 29.28  be filed or recorded in the office of the county recorder or 
 29.29  registrar of titles to establish compliance with the notice 
 29.30  requirement established in this paragraph.  This restriction on 
 29.31  distribution does not apply to the personal representative's 
 29.32  sale of real or personal property while the estate is open but 
 29.33  does apply to the net proceeds the estate receives from the 
 29.34  sale.  If notice was first published under the applicable 
 29.35  provisions of law under the direction of the court administrator 
 29.36  before June 16, 1989, and if a personal representative is 
 30.1   empowered to act at any time after June 16, 1989, the personal 
 30.2   representative shall, within three months after June 16, 1989, 
 30.3   serve upon the then known and identified creditors in the manner 
 30.4   provided in paragraph (c) a copy of the notice as published, 
 30.5   together with a supplementary notice requiring each of the 
 30.6   creditors to present any claim within one month after the date 
 30.7   of the service of the notice or be forever barred. 
 30.8      (3) Under this section, a creditor is "known" if:  (i) the 
 30.9   personal representative knows that the creditor has asserted a 
 30.10  claim that arose during the decedent's life against either the 
 30.11  decedent or the decedent's estate; or (ii) the creditor has 
 30.12  asserted a claim that arose during the decedent's life and the 
 30.13  fact is clearly disclosed in accessible financial records known 
 30.14  and available to the personal representative.  Under this 
 30.15  section, a creditor is "identified" if the personal 
 30.16  representative's knowledge of the name and address of the 
 30.17  creditor will permit service of notice to be made under 
 30.18  paragraph (c).  
 30.19     (c) The personal representative shall serve a copy of any 
 30.20  notice and any supplementary notice required by paragraph (b), 
 30.21  clause (1) or (2), upon each creditor of the decedent who is 
 30.22  then known to the personal representative and identified, except 
 30.23  a creditor whose claim has either been presented to the personal 
 30.24  representative or paid, either by delivery of a copy of the 
 30.25  required notice to the creditor, or by mailing a copy of the 
 30.26  notice to the creditor by certified, registered, or ordinary 
 30.27  first class mail addressed to the creditor at the creditor's 
 30.28  office or place of residence. 
 30.29     (d) Effective for decedents dying on or after July 1, 1997, 
 30.30  the following provisions apply: 
 30.31     (1) if the decedent or a predeceased spouse of the decedent 
 30.32  received assistance for which a claim could be filed under 
 30.33  section 246.53, 256B.15, 256D.16, or 261.04, the personal 
 30.34  representative or the attorney for the estate shall serve the 
 30.35  commissioner of human services with notice in the manner 
 30.36  prescribed in paragraph (c) as soon as practical after the 
 31.1   appointment of the personal representative.  
 31.2      (i) The notice shall state the decedent's full name, date 
 31.3   of birth, and social security number and, to the extent then 
 31.4   known after making a reasonably diligent inquiry, the full name, 
 31.5   date of birth, and social security number for each of the 
 31.6   decedent's predeceased spouses.  
 31.7      (ii) The notice may also contain a statement that, after 
 31.8   making a reasonably diligent inquiry, the personal 
 31.9   representative or the attorney for the estate has determined 
 31.10  that the decedent did not have any predeceased spouses or that 
 31.11  they have been unable to determine one or more items of 
 31.12  information in item (i) for a predeceased spouse of the decedent.
 31.13     (iii) A copy of the notice to creditors shall be attached 
 31.14  to and be part of the notice to the commissioner.  
 31.15     (iv) Notwithstanding any will or other instrument or law to 
 31.16  the contrary, except as allowed in this paragraph, no property 
 31.17  subject to administration by the estate may be distributed by 
 31.18  the estate or the personal representative until 70 days after 
 31.19  the date the notice is served on the commissioner as provided in 
 31.20  paragraph (c) unless the local agency consents as provided for 
 31.21  in clause (5).  This restriction on distribution does not apply 
 31.22  to the personal representative's sale of real or personal 
 31.23  property while the estate is open, but does apply to the net 
 31.24  proceeds the estate receives from such sales.  
 31.25     (v) The personal representative or the attorney for the 
 31.26  estate may file an affidavit that contains the description for 
 31.27  any real or personal property affected by this subdivision and 
 31.28  states facts showing compliance with this paragraph.  An 
 31.29  affidavit based on the affiant's personal knowledge shall be 
 31.30  prima facie evidence of the facts stated in the affidavit.  
 31.31     (vi) The affidavit may be filed or recorded in the office 
 31.32  of the county recorder or registrar of titles for the county in 
 31.33  which the real estate is located.  This paragraph does not apply 
 31.34  to proceedings under sections 524.3-1203 and 525.31, or when a 
 31.35  duly authorized agent of a county is acting as the personal 
 31.36  representative of the estate. 
 32.1      (2) At any time before an order closing the estate is 
 32.2   entered under section 524.3-1001 or 524.3-1002, or a closing 
 32.3   statement is filed under section 524.3-1003, the personal 
 32.4   representative or the attorney may amend the notice served on 
 32.5   the commissioner to add variations or other names of the 
 32.6   decedent or a predeceased spouse named in the notice, the name 
 32.7   of a predeceased spouse omitted from the notice, or to add or 
 32.8   correct the date of birth or social security number of a 
 32.9   decedent or predeceased spouse named in the notice. 
 32.10     (i) All amendments shall state the decedent's name, date of 
 32.11  birth, and social security number, the case name, case number, 
 32.12  and district court in which the estate is pending, and the date 
 32.13  the notice being amended was served on the commissioner.  
 32.14     (ii) If the amendment adds the name of a predeceased spouse 
 32.15  omitted from the notice, it shall also state that spouse's full 
 32.16  name, date of birth, and social security number.  
 32.17     (iii) The amendment shall be served on the commissioner in 
 32.18  the same manner as the notice.  
 32.19     (iv) Upon service the amendment shall relate back to and be 
 32.20  effective from the date the notice it amends was served and, 
 32.21  notwithstanding any other law to the contrary, the time for 
 32.22  filing claims arising under section 246.53, 256B.15, 256D.16 or 
 32.23  261.04 shall be extended by 60 days from the date of service of 
 32.24  the amendment.  
 32.25     (v) Claims filed during the 60-day period shall be 
 32.26  undischarged and unbarred claims, may be prosecuted by the 
 32.27  entities entitled to file those claims according to section 
 32.28  524.3-1004, and the limitations in section 524.3-1006 shall not 
 32.29  apply.  
 32.30     (vi) The personal representative or the attorney for the 
 32.31  estate may file or record an affidavit describing affected real 
 32.32  or personal property and stating facts demonstrating compliance 
 32.33  with the requirements of this clause.  
 32.34     (vii) An affidavit based on the affiant's personal 
 32.35  knowledge shall be prima facie evidence of the facts stated in 
 32.36  the affidavit.  
 33.1      (viii) The affidavit may be filed or recorded in the office 
 33.2   of the recorder or registrar of titles for the county in which 
 33.3   the real property is located to establish compliance with the 
 33.4   requirements of this clause. 
 33.5      (3) Within one year after the date an order closing the 
 33.6   estate is entered under section 524.3-1001 or 524.3-1002, or a 
 33.7   closing statement is filed under section 524.3-1003, any person 
 33.8   who has an interest in property which was subject to 
 33.9   administration by the estate may amend the notice served on the 
 33.10  commissioner to add variations or other names of the decedent or 
 33.11  a predeceased spouse named in the notice, the name of a 
 33.12  predeceased spouse omitted from the notice, or to add or correct 
 33.13  the date of birth or social security number of a decedent or 
 33.14  predeceased spouse named in the notice.  
 33.15     (i) The amendment shall be served on the commissioner in 
 33.16  the same manner as the notice and shall contain the information 
 33.17  required for all amendments under this clause.  
 33.18     (ii) If the amendment adds the name of a predeceased spouse 
 33.19  omitted from the notice, it shall also state that spouse's full 
 33.20  name, date of birth, and social security number.  
 33.21     (iii) Upon service the amendment shall relate back to and 
 33.22  be effective from the date the notice it amends was served.  
 33.23     (iv) Notwithstanding any other law to the contrary, if the 
 33.24  amendment adds the name of an omitted predeceased spouse or adds 
 33.25  or corrects the social security number or date of birth of the 
 33.26  decedent or a predeceased spouse already named in the notice, 
 33.27  then claims against the decedent's estate arising under section 
 33.28  246.53, 256B.15, 256D.16, or 261.04 shall be undischarged and 
 33.29  unbarred claims, and may be prosecuted by the entities entitled 
 33.30  to file those claims according to section 524.3-1004, and the 
 33.31  limitations in section 524.3-1006 shall not apply.  
 33.32     (v) The person filing the amendment, or any other person 
 33.33  with personal knowledge of the facts, may file or record an 
 33.34  affidavit that describes affected real or personal property and 
 33.35  states facts that demonstrate compliance with the requirements 
 33.36  of this clause.  
 34.1      (vi) An affidavit based on the affiant's personal knowledge 
 34.2   shall be prima facie evidence of the facts stated in the 
 34.3   affidavit.  
 34.4      (vii) The affidavit may be filed or recorded in the office 
 34.5   of the recorder or registrar of titles of the county in which 
 34.6   the real property is located, to establish compliance with the 
 34.7   notice requirements in this paragraph. 
 34.8      (4) After one year from the date an order is entered 
 34.9   closing an estate under section 524.3-1001 or 524.3-1002, or a 
 34.10  closing statement is filed under section 524.3-1003, no error, 
 34.11  omission, or defect of any kind in the notice to the 
 34.12  commissioner required under this paragraph or in the process of 
 34.13  service of the notice to the commissioner, or the failure to 
 34.14  serve the commissioner with notice as required by this 
 34.15  paragraph, shall constitute a defect in the title to assets 
 34.16  distributed by the estate or make title to real property subject 
 34.17  to administration or distribution by the estate unmarketable. 
 34.18     (5) The local agency shall have discretion to consent to a 
 34.19  personal representative's request to distribute property subject 
 34.20  to administration by the estate to distributees during the 
 34.21  70-day period after service of notice on the commissioner.  
 34.22     (i) The local agency may grant or deny the request in whole 
 34.23  or in part and may attach conditions to the agency's consent as 
 34.24  the agency deems appropriate.  
 34.25     (ii) When the local agency consents to a distribution, the 
 34.26  agency shall give the estate written consent to early 
 34.27  distribution of assets at no cost.  
 34.28     (iii) The consent shall include the name, case number, and 
 34.29  district court in which the estate is pending, the name of the 
 34.30  local agency, describe the specific real or personal property to 
 34.31  which the consent applies to, state the local agency consents to 
 34.32  the distribution of the specific property described in the 
 34.33  consent during the 70-day period following service of the notice 
 34.34  to the commissioner, that the consent is unconditional or list 
 34.35  all of the terms and conditions of the consent, be dated, and 
 34.36  include other contents as may be appropriate.  
 35.1      (iv) The consent shall be signed by the director of the 
 35.2   local agency or the director's designees and shall be effective 
 35.3   as of the date the consent is dated unless the consent provides 
 35.4   otherwise.  
 35.5      (v) The signature of the director or the director's 
 35.6   designee does not require an acknowledgment.  
 35.7      (vi) The certificate shall be prima facie evidence of the 
 35.8   facts stated there, may be attached to or combined with a deed 
 35.9   or any other instrument of conveyance and, when so attached or 
 35.10  combined, shall constitute and be a single instrument.  
 35.11     (vii) The certificate shall constitute a waiver of the 
 35.12  70-day period provided for in clause (1) with respect to the 
 35.13  property it describes.  The certificate shall not be deemed to 
 35.14  be a waiver or relinquishment of any claims arising under 
 35.15  section 256.53, 256B.15, 256D.16, or 261.04, and shall not 
 35.16  otherwise constitute a waiver of any of the personal 
 35.17  representative's duties under this paragraph.  Distributees who 
 35.18  receive property under a consent to an early distribution shall 
 35.19  remain liable to creditors of the estate as provided by law. 
 35.20     (6) This paragraph applies to the estates of decedents 
 35.21  dying on or after July 1, 1997.  All notices served on the 
 35.22  commissioner before July 1, 1997, under Laws 1996, chapter 451, 
 35.23  article 2, section 55, shall be legally sufficient for the 
 35.24  purposes for which they were intended, notwithstanding any 
 35.25  errors, omissions, or other defects. 
 35.26     Sec. 36.  Minnesota Statutes 1996, section 524.3-1004, is 
 35.27  amended to read: 
 35.28     524.3-1004 [LIABILITY OF DISTRIBUTEES TO CLAIMANTS.] 
 35.29     After assets of an estate have been distributed and subject 
 35.30  to section 524.3-1006, an undischarged claim not barred may be 
 35.31  prosecuted in a proceeding against one or more distributees.  
 35.32  Notwithstanding any law to the contrary, if a personal 
 35.33  representative closes an estate without giving the notice 
 35.34  required under section 524.3-801, paragraph (d), claims arising 
 35.35  under sections 246.53, 256B.15, 256D.16, and 261.04 shall be 
 35.36  undischarged and unbarred claims.  The governmental entities 
 36.1   entitled to file claims under those sections shall be entitled 
 36.2   to prosecute their claims against distributees as provided for 
 36.3   in this section, and the limitations in section 524.3-1006 shall 
 36.4   not apply.  No distributee shall be liable to claimants for 
 36.5   amounts in excess of the value of the distributee's distribution 
 36.6   as of the time of distribution.  As between distributees, each 
 36.7   shall bear the cost of satisfaction of unbarred claims as if the 
 36.8   claim had been satisfied in the course of administration.  Any 
 36.9   distributee who shall have failed to notify other distributees 
 36.10  of the demand made by the claimant in sufficient time to permit 
 36.11  them to join in any proceeding in which the claim was asserted 
 36.12  against the first distributee loses the right of contribution 
 36.13  against other distributees.  
 36.14     Sec. 37.  Minnesota Statutes 1996, section 524.3-1201, is 
 36.15  amended to read: 
 36.16     524.3-1201 [COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT.] 
 36.17     (a) Thirty days after the death of a decedent, (i) any 
 36.18  person indebted to the decedent, (ii) any person having 
 36.19  possession of tangible personal property or an instrument 
 36.20  evidencing a debt, obligation, stock or chose in action 
 36.21  belonging to the decedent, or (iii) any safe deposit company, as 
 36.22  defined in section 55.01, controlling the right of access to 
 36.23  decedent's safe deposit box shall make payment of the 
 36.24  indebtedness or deliver the tangible personal property or an 
 36.25  instrument evidencing a debt, obligation, stock or chose in 
 36.26  action or deliver the entire contents of the safe deposit box to 
 36.27  a person claiming to be the successor of the decedent, or a 
 36.28  state or county agency with a claim authorized by section 
 36.29  256B.15, upon being presented a certified death certificate of 
 36.30  the decedent and an affidavit, in duplicate, made by or on 
 36.31  behalf of the successor stating that: 
 36.32     (1) the value of the entire probate estate, wherever 
 36.33  located, including specifically any contents of a safe deposit 
 36.34  box, less liens and encumbrances, does not exceed $20,000; 
 36.35     (2) 30 days have elapsed since the death of the decedent 
 36.36  or, in the event the property to be delivered is the contents of 
 37.1   a safe deposit box, 30 days have elapsed since the filing of an 
 37.2   inventory of the contents of the box pursuant to section 55.10, 
 37.3   paragraph (h); 
 37.4      (3) no application or petition for the appointment of a 
 37.5   personal representative is pending or has been granted in any 
 37.6   jurisdiction; and 
 37.7      (4) the claiming successor is entitled to payment or 
 37.8   delivery of the property. 
 37.9      (b) A transfer agent of any security shall change the 
 37.10  registered ownership on the books of a corporation from the 
 37.11  decedent to the successor or successors upon the presentation of 
 37.12  an affidavit as provided in subsection (a). 
 37.13     (c) The claiming successor or state or county agency shall 
 37.14  disburse the proceeds collected under this section to any person 
 37.15  with a superior claim under section 524.2-403 or 524.3-805. 
 37.16     (d) A motor vehicle registrar shall issue a new certificate 
 37.17  of title in the name of the successor upon the presentation of 
 37.18  an affidavit as provided in subsection (a). 
 37.19     (e) The person controlling access to decedent's safe 
 37.20  deposit box need not open the box or deliver the contents of the 
 37.21  box if: 
 37.22     (1) the person has received notice of a written or oral 
 37.23  objection from any person or has reason to believe that there 
 37.24  would be an objection; or 
 37.25     (2) the lessee's key or combination is not available.