Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 615-S.F.No. 1562 
           An act relating to probate; providing for the 
          transmission of documents to foreign consuls by the 
          office of the secretary of state; amending Minnesota 
          Statutes 1982, sections 524.3-306; 524.3-310; and 
          524.3-403. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 524.3-306 is 
amended to read: 
    524.3-306 [INFORMAL PROBATE; NOTICE REQUIREMENTS.] 
    The moving party must give notice as described by section 
524.1-401 of his application for informal probate (1) to any 
person demanding it pursuant to section 524.3-204; and (2) to 
any personal representative of the decedent whose appointment 
has not been terminated.  Upon issuance of the written statement 
by the registrar pursuant to section 524.3-302, notice of the 
informal probate proceedings, in the form prescribed by court 
rule, shall be given under the direction of the clerk of court 
by publication once a week for two consecutive weeks in a legal 
newspaper in the county where the application is filed and by 
mailing a copy of the notice by ordinary first class mail to all 
interested persons, other than creditors.  Further if the 
decedent was born in a foreign country or left heirs or devisees 
in any foreign country, notice shall be given to the consul or 
other representative of such country, if he resides in this 
state and has filed a copy of his appointment with the secretary 
of state, or to the nominee or nominees of such consul or 
representative.  If no such consul or representative exists, 
then notice shall be given to the chief diplomatic 
representative of such country at Washington, D.C. or to The 
secretary of state at St. Paul, Minnesota, who shall forward the 
same to such representative any notice received to the 
appropriate consul residing in Minnesota and on file with that 
office. 
    Sec. 2.  Minnesota Statutes 1982, section 524.3-310 is 
amended to read: 
    524.3-310 [INFORMAL APPOINTMENT PROCEEDINGS; NOTICE 
REQUIREMENTS.] 
    The moving party must give notice as described by section 
524.1-401 of his intention to seek an appointment informally; 
(1) to any person demanding it pursuant to section 524.3-204; 
and (2) to any person having a prior or equal right to 
appointment not waived in writing and filed with the court.  
Notice of the appointment of the personal representative shall 
be given under the direction of the clerk of court by 
publication once a week for two consecutive weeks in a legal 
newspaper in the county where the application is filed and by 
mailing a copy of the notice by ordinary first class mail to all 
interested persons, other than creditors.  The notice, in the 
form prescribed by court rule, shall state that any heir, 
devisee or other interested person may be entitled to 
appointment as personal representative or may object to the 
appointment of the personal representative and that the personal 
representative is empowered to fully administer the estate 
including, after 30 days from the date of issuance of his 
letters, the power to sell, encumber, lease or distribute real 
estate, unless objections thereto are filed with the court 
(pursuant to section 524.3-607) and the court otherwise orders.  
Further, if the decedent was born in a foreign country or left 
heirs or devisees in any foreign country, notice shall be given 
to the consul or other representative of such country, if he 
resides in this state and has filed a copy of his appointment 
with the secretary of state, or to the nominee or nominees of 
such consul or representative.  If no such consul or 
representative exists, then notice shall be given to the chief 
diplomatic representative of such country at Washington, D.C. or 
to The secretary of state at St. Paul, Minnesota, who shall 
forward the same to such representative any notice received to 
the appropriate consul residing in Minnesota and on file with 
that office.  No defect in any notice nor in publication or 
service thereof shall limit or affect the validity of the 
appointment of the personal representative, his powers or other 
duties. 
    Sec. 3.  Minnesota Statutes 1982, section 524.3-403, is 
amended to read: 
    524.3-403 [FORMAL TESTACY PROCEEDING; NOTICE OF HEARING ON 
PETITION.] 
    (a) Upon commencement of a formal testacy proceeding, the 
court shall fix a time and place of hearing.  Notice, in the 
form prescribed by court rule, shall be given in the manner 
prescribed by section 524.1-401 by the petitioner to the persons 
herein enumerated and to any additional person who has filed a 
demand for notice under section 524.3-204 of this chapter.  If 
the petitioner has reason to believe that the will has been lost 
or destroyed, he shall include a statement to that effect in the 
notice. 
    Notice shall be given to the following persons:  the 
surviving spouse, children, and other heirs of the decedent, the 
devisees and executors personal representatives named in any 
will that is being, or has been, probated, or offered for 
informal or formal probate in the county, or that is known by 
the petitioner to have been probated, or offered for informal or 
formal probate elsewhere, and any personal representative of the 
decedent whose appointment has not been terminated.  Notice of 
the hearing, in the form prescribed by court rule, shall also be 
given under the direction of the clerk of court by publication 
once a week for two consecutive weeks in a legal newspaper in 
the county where the hearing is to be held, the last publication 
of which is to be at least ten days before the time set for 
hearing. 
    If the decedent was born in a foreign country or left has 
heirs or devisees in any a foreign country, notice of a formal 
testacy proceeding shall be given to the consul of that country, 
if he resides in this state and has filed a copy of his 
appointment with the secretary of state.  Any notice received by 
the secretary of state shall be forwarded to the appropriate 
consul.  
    (b) If it appears by the petition or otherwise that the 
fact of the death of the alleged decedent may be in doubt, the 
court shall direct the petitioner to proceed in the manner 
provided in chapter 576. 
    Approved May 2, 1984