SF 587

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:09am

A bill for an act
relating to probate; increasing the time period allowed for commencing probate
or appointment proceedings; making conforming changes; amending Minnesota
Statutes 2010, sections 524.3-108; 524.3-301; 524.3-1006; 525.31.

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

Section 1.

Minnesota Statutes 2010, section 524.3-108, is amended to read:

524.3-108 PROBATE, TESTACY AND APPOINTMENT PROCEEDINGS;
ULTIMATE TIME LIMIT.

No informal probate or appointment proceeding or formal testacy or appointment
proceeding, other than a proceeding to probate a will previously probated at the testator's
domicile and appointment proceedings relating to an estate in which there has been a prior
appointment, may be commenced more than deleted text begin three deleted text end new text begin six new text end years after the decedent's death,
except (1) if a previous proceeding was dismissed because of doubt about the fact of
the decedent's death, appropriate probate, appointment or testacy proceedings may be
maintained at any time thereafter upon a finding that the decedent's death occurred prior to
the initiation of the previous proceeding and the applicant or petitioner has not delayed
unduly in initiating the subsequent proceeding; (2) appropriate probate, appointment
or testacy proceedings may be maintained in relation to the estate of an absentee, or
disappeared or missing person, at any time within deleted text begin three deleted text end new text begin six new text end years after the death of the
absentee or disappeared or missing person is established; and (3) a proceeding to contest
an informally probated will and to secure appointment of the person with legal priority for
appointment in the event the contest is successful, may be commenced within the later of
12 months from the informal probate or deleted text begin three deleted text end new text begin six new text end years from the decedent's death. These
limitations do not apply to proceedings to construe probated wills, determine heirs of an
intestate, or proceedings to determine descent. In cases under new text begin clause new text end (1) or (2) deleted text begin above deleted text end , the
date on which a testacy or appointment proceeding is properly commenced shall be deemed
to be the date of the decedent's death for purposes of other limitations provisions of this
chapter which relate to the date of death. Nothing herein contained prohibits the formal
appointment of a special administrator at any time for the purposes of reducing assets to
possession, administering the same under direction of the court, or making distribution
of any residue to the heirs or distributees determined to be entitled thereto pursuant to a
descent proceeding under section 525.31 or an exempt summary proceeding under section
524.3-1203, even though the deleted text begin three-year deleted text end new text begin six-year new text end period above referred to has expired.

Sec. 2.

Minnesota Statutes 2010, section 524.3-301, is amended to read:

524.3-301 INFORMAL PROBATE OR APPOINTMENT PROCEEDINGS;
APPLICATION; CONTENTS.

An informal probate proceeding is an informal proceeding for the probate of
decedent's will with or without an application for informal appointment. An informal
appointment proceeding is an informal proceeding for appointment of a personal
representative in testate or intestate estates. These proceedings may be combined in a
single proceeding. Applications for informal probate or informal appointment shall
be directed to the registrar, and verified by the applicant, in accordance with section
524.1-310, to be accurate and complete to the best of applicant's knowledge and belief
as to the following information:

(1) Every application for informal probate of a will or for informal appointment of
a personal representative, other than a special or successor representative, shall contain
the following:

(i) a statement of the interest of the applicant;

(ii) the name, birthdate, and date of death of the decedent, and the county and state
of the decedent's domicile at the time of death, and the names and addresses of the spouse,
children, heirs, and devisees and the ages of any who are minors so far as known or
ascertainable with reasonable diligence by the applicant;

(iii) if the decedent was not domiciled in the state at the time of death, a statement
showing venue;

(iv) a statement identifying and indicating the address of any personal representative
of the decedent appointed in this state or elsewhere whose appointment has not been
terminated;

(v) a statement indicating whether the applicant has received a demand for notice, or
is aware of any demand for notice of any probate or appointment proceeding concerning
the decedent that may have been filed in this state or elsewhere.

(2) An application for informal probate of a will shall state the following in addition
to the statements required by new text begin paragraph new text end (1):

(i) that the original of the decedent's last will is in the possession of the court, or
accompanies the application, or that an authenticated copy of a will probated in another
jurisdiction accompanies the application;

(ii) that the applicant, to the best of the applicant's knowledge, believes the will to
have been validly executed;

(iii) that after the exercise of reasonable diligence, the applicant is unaware of any
instrument revoking the will, and that the applicant believes that the instrument which is
the subject of the application is the decedent's last will;

(iv) that the time limit for informal probate as provided in this article has not expired
either because deleted text begin three deleted text end new text begin six new text end years or less have passed since the decedent's death, or, if more
than deleted text begin three deleted text end new text begin six new text end years from death have passed, that circumstances as described by section
524.3-108 authorizing tardy probate have occurred.

(3) An application for informal appointment of a personal representative to
administer an estate under a will shall describe the will by date of execution and state
the time and place of probate or the pending application or petition for probate. The
application for appointment shall adopt the statements in the application or petition for
probate and state the name, address and priority for appointment of the person whose
appointment is sought.

(4) An application for informal appointment of an administrator in intestacy shall
state in addition to the statements required by new text begin paragraph new text end (1):

(i) that after the exercise of reasonable diligence, the applicant is unaware of any
unrevoked testamentary instrument relating to property having a situs in this state under
section 524.1-301, or, a statement why any such instrument of which the applicant may
be aware is not being probated;

(ii) the priority of the person whose appointment is sought and the names of any
other persons having a prior or equal right to the appointment under section 524.3-203.

(5) An application for appointment of a personal representative to succeed a personal
representative appointed under a different testacy status shall refer to the order in the most
recent testacy proceeding, state the name and address of the person whose appointment
is sought and of the person whose appointment will be terminated if the application is
granted, and describe the priority of the applicant.

(6) An application for appointment of a personal representative to succeed a personal
representative who has tendered a resignation as provided in section 524.3-610(c), or
whose appointment has been terminated by death or removal, shall adopt the statements in
the application or petition which led to the appointment of the person being succeeded
except as specifically changed or corrected, state the name and address of the person who
seeks appointment as successor, and describe the priority of the applicant.

Sec. 3.

Minnesota Statutes 2010, section 524.3-1006, is amended to read:

524.3-1006 LIMITATIONS ON ACTIONS AND PROCEEDINGS AGAINST
DISTRIBUTEES.

Unless previously adjudicated in a formal testacy proceeding or in a proceeding
settling the accounts of a personal representative or otherwise barred, the claim of any
claimant to recover from a distributee who is liable to pay the claim, and the right of any
heir or devisee, or of a successor personal representative acting in their behalf, to recover
property improperly distributed or the value thereof from any distributee is forever barred
at the later of (1) deleted text begin three deleted text end new text begin six new text end years after the decedent's death; or (2) one year after the time
of distribution thereof. This section does not bar an action to recover property or value
received as the result of fraud.

Sec. 4.

Minnesota Statutes 2010, section 525.31, is amended to read:

525.31 ESSENTIALS.

Whenever any person has been dead for more than deleted text begin three deleted text end new text begin six new text end years and has left real
or personal property, or any interest therein, and no will or authenticated copy of a will
probated outside this state in accordance with the laws in force in the place where probated
has been probated nor proceedings had in this state, any interested person or assignee or
successor of an interested person may petition the court of the county of the decedent's
residence or of the county wherein such real or personal property, or any part thereof, is
situated to determine the descent of such property and to assign such property to the
persons entitled thereto.

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day following final enactment.
new text end