Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 362-S.F.No. 2723 
                  An act relating to property; making certain appeal 
                  periods consistent; changing provisions of the Uniform 
                  Probate Code; amending Minnesota Statutes 1998, 
                  sections 501B.21; 524.2-513; 524.3-1203, subdivision 
                  5; and 525.712. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 501B.21, is 
        amended to read: 
           501B.21 [ORDER AND APPEAL.] 
           Upon hearing a petition filed under section 501B.16, the 
        court shall make an order it considers appropriate.  The order 
        is final as to all matters determined by it and binding in rem 
        upon the trust estate and upon the interests of all 
        beneficiaries, vested or contingent, even though unascertained 
        or not in being, except that.  An appeal from the order may be 
        taken by any party after service by any party of written notice 
        of its filing under the Rules of Appellate Procedure or, if no 
        notice is served, within six months after the filing of the 
        order. 
           Sec. 2.  Minnesota Statutes 1998, section 524.2-513, is 
        amended to read: 
           524.2-513 [SEPARATE WRITING IDENTIFYING BEQUEST OF TANGIBLE 
        PROPERTY.] 
           A will may refer to a written statement or list to dispose 
        of items of tangible personal property not otherwise 
        specifically disposed of by the will, other than money, 
        evidences of indebtedness, documents of title, and 
        securities and coin collections, and property used in trade or 
        business.  To be admissible under this section as evidence of 
        the intended disposition, the writing must be referred to in the 
        will, must be either be in the handwriting of the testator or be 
        signed by the testator, and must describe the items and the 
        devisees with reasonable certainty.  The writing may be referred 
        to as one to be in existence at the time of the testator's 
        death; it may be prepared before or after the execution of the 
        will; it may be altered by the testator after its preparation; 
        and it may be a writing which has no significance apart from its 
        effect upon the dispositions made by the will.  
           A writing may include multiple writings and if an item of 
        tangible personal property is disposed of to different persons 
        by different writings, the most recent writing controls the 
        disposition of the item. 
           Sec. 3.  Minnesota Statutes 1998, section 524.3-1203, 
        subdivision 5, is amended to read: 
           Subd. 5.  [EXHAUSTION OF ESTATE.] In any summary, special, 
        or other administration in which it appears that the estate will 
        not be exhausted in payment of the priority items enumerated in 
        subdivisions 1 to 4, the estate may nevertheless be summarily 
        closed without further notice, and the property assigned to the 
        proper persons, if the gross probate estate, exclusive of any 
        exempt homestead as defined in section 524.2-402, and any exempt 
        property as defined in section 524.2-403, does not exceed the 
        value of $30,000 $100,000.  If the closing and distribution of 
        assets is made pursuant to the terms of a will, no decree shall 
        issue until a hearing has been held for formal probate of the 
        will as provided in sections 524.3-401 to 524.3-413.  
           No summary closing of an estate shall be made to any 
        distributee under this subdivision, unless a showing is made by 
        the personal representative or the petitioner, that all property 
        selected by and allowances to the spouse and children as 
        provided in section 524.2-403 and the expenses and claims 
        provided in section 524.3-805 have been paid, and provided, 
        further, that a bond shall be filed by the personal 
        representative or the petitioner, conditioned upon the fact that 
        all such obligations have been paid and that all the facts shown 
        on the petition are true, with sufficient surety approved by the 
        court in an amount as may be fixed by the court to cover 
        potential improper distributions.  If a personal representative 
        is appointed, the representative's bond shall be sufficient for 
        such purpose unless an additional bond is ordered, and the 
        sureties on the bond shall have the same obligations and 
        liabilities as provided for sureties on a distribution bond.  
           In the event that an improper distribution or disbursement 
        is made in a summary closing, in that not all of said 
        obligations have been paid or that other facts as shown by the 
        personal representative or the petitioner, are not true, 
        resulting in damage to any party, the court may vacate its 
        summary decree or closing order, and the petitioner or the 
        personal representative, together with the surety, shall be 
        liable for damages to any party determined to be injured thereby 
        as herein provided.  The personal representative, petitioner, or 
        the surety, may seek reimbursement for damages so paid or 
        incurred from any distributee or recipient of assets under 
        summary decree or order, who shall be required to make a 
        contribution to cover such damages upon a pro rata basis or as 
        may be equitable to the extent of assets so received.  The court 
        is hereby granted complete and plenary jurisdiction of any and 
        all such proceedings and may enter such orders and judgments as 
        may be required to effectuate the purposes of this subdivision.  
           Any judgment rendered for damages or the recovery of assets 
        in such proceedings shall be upon petition and only after 
        hearing held thereon on 14 days' notice of hearing and a copy of 
        petition served personally upon the personal representative and 
        the surety and upon any distributee or recipient of assets where 
        applicable.  Any action for the recovery of money or damages 
        under this subdivision is subject to the time and other 
        limitations imposed by section 525.02.  
           Sec. 4.  Minnesota Statutes 1998, section 525.712, is 
        amended to read: 
           525.712 [REQUISITES.] 
           The appeal may be taken under the Rules of Appellate 
        Procedure by any person aggrieved within 30 days after service 
        by any party of written notice of the filing of the order, 
        judgment, or decree appealed from, or if no written notice be is 
        served, within six months after the filing of the order, 
        judgment, or decree.  Except as provided in this section, the 
        appeal shall be perfected and determined upon the record as 
        provided in the Rules of Appellate Procedure. 
           Sec. 5.  [EFFECTIVE DATE.] 
           Section 2 is effective for wills signed on or after August 
        1, 2000. 
           Presented to the governor April 7, 2000 
           Signed by the governor April 11, 2000, 10:40 a.m.