1998 Minnesota Statutes

CHAPTER 524. Uniform probate code

     524.1-101 Citation and numbering system. 

    This chapter shall be known and may be cited as the Uniform 
 Probate Code.  It is arranged and numbered, subject however to 
 the provisions of section 3C.10, subdivision 1, so that the 
 enacted chapter may be compiled in the next published edition of 
 Minnesota Statutes without change and in conformity with the 
 official numbering of the Uniform Probate Code.  The articles of 
 Laws 1974, Chapter 442 are numbered out of sequence to 
 facilitate the possible inclusion of other articles of the 
 probate code in one chapter.  

    HIST: 1974 c 442 art 1 s 524.1-101; 1984 c 480 s 19; 1984 c 
 655 art 2 s 19 subd 7 

     524.1-102 Purposes; rule of construction. 

    (a) This chapter and chapter 525 shall be liberally 
 construed and applied to promote the underlying purposes and 
 policies. 

    (b) The underlying purposes and policies of this chapter 
 and chapter 525 are: 

    (1) to simplify and clarify the law concerning the affairs 
 of decedents, missing persons, protected persons, minors and 
 incapacitated persons; 

    (2) to discover and make effective the intent of a decedent 
 in distribution of property; 

    (3) to promote a speedy and efficient system for 
 liquidating the estate of the decedent and making distribution 
 to successors; 

    (4) to make uniform the law among the various jurisdictions.

    HIST: 1974 c 442 art 1 s 524.1-102; 1975 c 347 s 12; 1986 c 
 444 

     524.1-103 Supplementary general principles of law 
  applicable.  

    Unless displaced by the particular provisions of this 
 chapter, the principles of law and equity supplement its 
 provisions.  

    HIST: 1974 c 442 art 1 s 524.1-103 

     524.1-104 Severability.  

    If any provision of this chapter or the application thereof 
 to any person or circumstances is held invalid, the invalidity 
 shall not affect other provisions or applications of the chapter 
 which can be given effect without the invalid provision or 
 application, and to this end the provisions of this chapter are 
 declared to be severable.  

    HIST: 1974 c 442 art 1 s 524.1-104 

  524.1-105 Repealed, 1975 c 347 s 144 

     524.1-106 Effect of fraud and evasion. 

    Whenever fraud has been perpetrated in connection with any 
 proceeding or in any statement filed under this chapter or if 
 fraud is used to avoid or circumvent the provisions or purposes 
 of this chapter, any person injured thereby may obtain 
 appropriate relief against the perpetrator of the fraud or 
 restitution from any person, other than a bona fide purchaser, 
 benefiting from the fraud, whether innocent or not.  Any 
 proceeding must be commenced within two years after the 
 discovery of the fraud, but no proceeding may be brought against 
 one not a perpetrator of the fraud later than five years after 
 the time of commission of the fraud. This section has no bearing 
 on remedies relating to fraud practiced on a decedent while 
 living which affects the succession of the estate. 

    HIST: 1974 c 442 art 1 s 524.1-106; 1986 c 444 

     524.1-107 Evidence as to death or status.  

    In proceedings under chapter 524 the rules of evidence in 
 courts of general jurisdiction including any relating to 
 simultaneous deaths, are applicable unless specifically 
 displaced by this chapter.  In addition, the following rules 
 relating to determination of death and status are applicable: 

    (1) a certified or authenticated copy of a death 
 certificate purporting to be issued by an official or agency of 
 the place where the death purportedly occurred is prima facie 
 proof of the fact, place, date and time of death and the 
 identity of the decedent; 

    (2) a certified or authenticated copy of any record or 
 report of a governmental agency, domestic or foreign, that a 
 person is missing, detained, dead, or alive is prima facie 
 evidence of the status and of the dates, circumstances and 
 places disclosed by the record or report; 

    (3) the provisions of section 576.141 shall govern the 
 presumption of death of a person whose absence is not 
 satisfactorily explained.  

    HIST: 1974 c 442 art 1 s 524.1-107; 1975 c 347 s 13 

     524.1-108 Acts by holder of general power.  

    For the purpose of granting consent or approval with regard 
 to the acts or accounts of a personal representative or trustee, 
 including relief from liability or penalty for failure to post 
 bond or to perform other duties, and for purposes of consenting 
 to modification or termination of a trust or to deviation from 
 its terms, the sole holder or all coholders of a presently 
 exercisable general power of appointment, including one in the 
 form of a power of amendment or revocation, are deemed to act 
 for beneficiaries to the extent their interests as objects, 
 takers in default, or otherwise, are subject to the power.  

    HIST: 1974 c 442 art 1 s 524.1-108; 1975 c 347 s 14 

     524.1-201 General definitions. 

    Subject to additional definitions contained in the 
 subsequent articles which are applicable to specific articles or 
 parts, and unless the context otherwise requires, in chapters 
 524 and 525: 

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

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

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

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

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

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

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

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

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

    (12) "Disability" means cause for a protective order as 
 described by section 525.54. 

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

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

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

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

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

    (20) "Guardian" means a person who has qualified as a 
 guardian of a minor or incapacitated person pursuant to 
 testamentary or court appointment, but excludes one who is 
 merely a guardian ad litem. 

    (21) "Heirs" means those persons, including the surviving 
 spouse, who are entitled under the statutes of intestate 
 succession to the property of a decedent. 

    (22) "Incapacitated person" is as described in section 
 525.54, other than a minor. 

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

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

    (27) "Lease" includes an oil, gas, or other mineral lease. 

    (28) "Letters" includes letters testamentary, letters of 
 guardianship, letters of administration, and letters of 
 conservatorship. 

    (30) "Mortgage" means any conveyance, agreement or 
 arrangement in which property is used as security. 

    (31) "Nonresident decedent" means a decedent who was 
 domiciled in another jurisdiction at the time of death. 

    (32) "Organization" includes a corporation, government or 
 governmental subdivision or agency, business trust, estate, 
 trust, partnership or association, two or more persons having a 
 joint or common interest, or any other legal entity. 

    (35) "Person" means an individual, a corporation, an 
 organization, or other legal entity. 

    (36) "Personal representative" includes executor, 
 administrator, successor personal representative, special 
 administrator, and persons who perform substantially the same 
 function under the law governing their status.  "General 
 personal representative" excludes special administrator. 

    (37) "Petition" means a written request to the court for an 
 order after notice. 

    (38) "Proceeding" includes action at law and suit in equity.

    (39) "Property" includes both real and personal property or 
 any interest therein and means anything that may be the subject 
 of ownership. 

    (40) "Protected person" is as described in section 525.54, 
 subdivision 1. 

    (42) "Registrar" refers to the judge of the court or the 
 person designated by the court to perform the functions of 
 registrar as provided in section 524.1-307. 

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

    (44) "Settlement," in reference to a decedent's estate, 
 includes the full process of administration, distribution and 
 closing. 

    (45) "Special administrator" means a personal 
 representative as described by sections 524.3-614 to 524.3-618. 

    (46) "State" includes any state of the United States, the 
 District of Columbia, the Commonwealth of Puerto Rico, and any 
 territory or possession subject to the legislative authority of 
 the United States. 

    (47) "Successor personal representative" means a personal 
 representative, other than a special administrator, who is 
 appointed to succeed a previously appointed personal 
 representative. 

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

    (49) "Supervised administration" refers to the proceedings 
 described in sections 524.3-501 to 524.3-505. 

    (51) "Testacy proceeding" means a proceeding to establish a 
 will or determine intestacy. 

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

    (54) "Trustee" includes an original, additional, or 
 successor trustee, whether or not appointed or confirmed by 
 court. 

    (55) "Ward" is as described in section 525.54, subdivision 
 1. 

    (56) "Will" includes codicil and any testamentary 
 instrument which merely appoints an executor or revokes or 
 revises another will. 

    HIST: 1974 c 442 art 1 s 524.1-201; 1975 c 347 s 15; 1978 c 
 525 s 1; 1986 c 444; 1987 c 384 art 2 s 1; 1992 c 423 s 2; 1994 
 c 472 s 1; 1995 c 130 s 11; 1995 c 186 s 119; 1995 c 189 s 8; 
 1996 c 277 s 1; 1997 c 215 s 45; 1997 c 217 art 2 s 15 

     524.1-301 Territorial application.  

    Except as otherwise provided in this chapter, this chapter 
 and chapter 525 apply to (1) the affairs and estates of 
 decedents, missing persons, and persons to be protected, 
 domiciled in this state, and (2) the property of nonresident 
 decedents located in this state or property coming into the 
 control of a fiduciary who is subject to the laws of this state. 

    HIST: 1974 c 442 art 1 s 524.1-301; 1975 c 347 s 16 

     524.1-302 Subject matter jurisdiction.  

    (a) To the full extent permitted by the constitution, the 
 court has jurisdiction over all subject matter relating to 
 estates of decedents, including construction of wills and 
 determination of heirs and successors of decedents.  

    (b) The court has full power to make orders, judgments and 
 decrees and take all other action necessary and proper to 
 administer justice in the matters which come before it.  

    HIST: 1974 c 442 art 1 s 524.1-302; 1975 c 347 s 17 

     524.1-303 Venue; multiple proceedings; transfer.  

    (a) Where a proceeding under this chapter could be 
 maintained in more than one place in this state, the court in 
 which the proceeding is first commenced has the exclusive right 
 to proceed.  

    (b) If proceedings concerning the same estate, protected 
 person, conservatee, or ward are commenced in more than one 
 court of this state, the court in which the proceeding was first 
 commenced shall continue to hear the matter, and the other 
 courts shall hold the matter in abeyance until the question of 
 venue is decided, and if the ruling court determines that venue 
 is properly in another court, it shall transfer the proceeding 
 to the other court.  

    (c) If a court finds that in the interest of justice a 
 proceeding or a file should be located in another court of this 
 state, the court making the finding may transfer the proceeding 
 or file to the other court.  

    HIST: 1974 c 442 art 1 s 524.1-303; 1975 c 347 s 18 

   524.1-304 Practice in court. 

    Unless inconsistent with the provisions of this chapter or 
 chapter 525, pleadings, practice, procedure and forms in all 
 probate proceedings shall be governed insofar as practicable by 
 rules of civil procedure provided for in section 487.23 and 
 adopted pursuant thereto. 

    HIST: 1977 c 157 s 1 

  524.1-305 Repealed, 1975 c 347 s 144 

     524.1-306 Jury trial.  

    (a) If duly demanded, a party is entitled to trial by jury 
 in any proceeding in which any controverted question of fact 
 arises as to which any party has a constitutional right to trial 
 by jury.  

    (b) If there is no right to trial by jury under subsection 
 (a) or the right is waived, the court in its discretion may call 
 a jury to decide any issue of fact, in which case the verdict is 
 advisory only. 

    HIST: 1974 c 442 art 1 s 524.1-306 

     524.1-307 Registrar; powers. 

    The acts and orders which this chapter specifies as 
 performable by the registrar shall be performed by a judge of 
 the court or by a person, including the court administrator, 
 designated by the court by a written order filed and recorded in 
 the office of the court. 

    In addition to acts specified in this chapter to be 
 performed by the registrar, the registrar may take 
 acknowledgments, administer oaths, fix and approve bonds, 
 provide information on the various methods of transferring 
 property of decedents under the laws of this state, issue 
 letters in informal proceedings and perform such other acts as 
 the court may by written order authorize as necessary or 
 incidental to the conduct of informal proceedings.  Letters, 
 orders and documents issued by the registrar may be certified, 
 authenticated or exemplified by the registrar or in the same 
 manner as those issued by the court.  All files shall be 
 maintained by the court administrator.  The probate registrar 
 shall not render advice calling for the exercise of such 
 professional judgment as constitutes the practice of law. 

    HIST: 1974 c 442 art 1 s 524.1-307; 1975 c 347 s 19; 1977 c 
 440 s 2; 1Sp1986 c 3 art 1 s 82 

     524.1-310 Verification of filed documents. 

    Every document filed with the court under this chapter or 
 chapter 525 shall be verified except where the requirement of 
 verification is waived by rule and except in the case of a 
 pleading signed by an attorney in accordance with the rules of 
 civil procedure.  Whenever a document is required to be verified:

    (1) such verification may be made by the unsworn written 
 declaration of the party or parties signing the document that 
 the representations made therein are known or believed to be 
 true and that they are made under penalties for perjury, or 

    (2) such verification may be made by the affidavit of the 
 party or parties signing the document that the representations 
 made therein are true or believed to be true. 

    A party who makes a false material statement not believing 
 it to be true in a document the party verifies in accordance 
 with the preceding sentence and files with the court under this 
 chapter or chapter 525 shall be subject to the penalties for 
 perjury. 

    HIST: 1974 c 442 art 1 s 524.1-310; 1976 c 161 s 3; 1986 c 444 

     524.1-401 Notice; method and time of giving.  

    (a) If notice of a hearing on any petition is required and 
 except for specific notice requirements as otherwise provided, 
 the petitioner shall cause notice of the time and place of 
 hearing of any petition to be given to any interested person or 
 the person's attorney if the person has appeared by attorney or 
 requested that notice be sent to the attorney.  Notice shall be 
 given: 

    (1) by mailing a copy thereof at least 14 days before the 
 time set for the hearing by certified, registered or ordinary 
 first class mail addressed to the person being notified at the 
 post office address given in the demand for notice, if any, or 
 at the demander's office or place of residence, if known; 

    (2) by delivering a copy thereof to the person being 
 notified personally at least 14 days before the time set for the 
 hearing; or 

    (3) if the address, or identity of any person is not known 
 and cannot be ascertained with reasonable diligence, by 
 publishing once a week for two consecutive weeks, a copy thereof 
 in a legal newspaper in the county where the hearing is to be 
 held, the last publication of which is to be at least 10 days 
 before the time set for the hearing.  

    (b) The court for good cause shown may provide for a 
 different method or time of giving notice for any hearing.  

    (c) Proof of the giving of notice shall be made on or 
 before the hearing and filed in the proceeding.  

    (d) No defect in any notice nor in publication or in 
 service thereof shall limit or affect the validity of the 
 appointment, powers, or other duties of the personal 
 representative.  Any of the notices required by this section and 
 sections 524.3-306, 524.3-310, 524.3-403 and 524.3-801 may be 
 combined into one notice. 

    HIST: 1974 c 442 art 1 s 524.1-401; 1975 c 347 s 20; 1986 c 
 444 

     524.1-402 Notice; waiver.  

    A person, including a guardian ad litem, conservator, or 
 other fiduciary, may waive notice by a writing signed by the 
 person or the person's attorney and filed in the proceeding. 

    HIST: 1974 c 442 art 1 s 524.1-402; 1986 c 444 

     524.1-403 Pleadings; when parties bound by others; 
  notice.  

    In formal proceedings involving estates of decedents and in 
 judicially supervised settlements, the following apply: 

    (1) Interests to be affected shall be described in 
 pleadings which give reasonable information to owners by name or 
 class, by reference to the instrument creating the interests, or 
 in other appropriate manner.  

    (2) Persons are bound by orders binding others in the 
 following cases: 

    (i) Orders binding the sole holder or all coholders of a 
 power of revocation or a presently exercisable general power of 
 appointment, including one in the form of a power of amendment, 
 bind other persons to the extent their interests as objects, 
 takers in default, or otherwise, are subject to the power.  

    (ii) To the extent there is no conflict of interest between 
 them or among persons represented, orders binding a conservator 
 bind the person whose estate the conservator controls; orders 
 binding a guardian bind the ward if no conservator of the estate 
 has been appointed; orders binding a trustee bind beneficiaries 
 of the trust in proceedings to probate a will establishing or 
 adding to a trust, to review the acts or accounts of a prior 
 fiduciary and in proceedings involving creditors or other third 
 parties; and orders binding a personal representative bind 
 persons interested in the undistributed assets of a decedent's 
 estate in actions or proceedings by or against the estate.  If 
 there is no conflict of interest and no conservator or guardian 
 has been appointed, a parent may represent the parent's minor 
 child.  

    (iii) An unborn or unascertained person who is not 
 otherwise represented is bound by an order to the extent that 
 person's interest is adequately represented by another party 
 having a substantially identical interest in the proceeding.  

    (3) Notice is required as follows: 

    (i) Notice as prescribed by section 524.1-401 shall be 
 given to every interested person or to one who can bind an 
 interested person as described in (2)(i) or (2)(ii).  Notice may 
 be given both to a person and to another who may bind the person.

    (ii) Notice is given to unborn or unascertained persons, 
 who are not represented under (2)(i) or (2)(ii), by giving 
 notice to all known persons whose interests in the proceedings 
 are substantially identical to those of the unborn or 
 unascertained persons. 

    (4) At any point in a proceeding, a court may appoint a 
 guardian ad litem to represent the interest of a minor, an 
 incapacitated, unborn, or unascertained person, or a person 
 whose identity or address is unknown, if the court determines 
 that representation of the interest otherwise would be 
 inadequate.  If not precluded by conflict of interests, a 
 guardian ad litem may be appointed to represent several persons 
 or interests.  The court shall set out its reasons for 
 appointing a guardian ad litem as a part of the record of the 
 proceeding.  

    HIST: 1974 c 442 art 1 s 524.1-403; 1975 c 347 s 21; 1986 c 
 444 

     524.1-404 Notice to charitable beneficiaries. 

    If a will includes a gift, devise or bequest to a named 
 charitable beneficiary, the initial written notice of the 
 probate proceedings given to the beneficiary shall state that 
 the beneficiary may request notice of the probate proceedings be 
 given to the attorney general pursuant to section 501B.41, 
 subdivision 5. 

    HIST: 1978 c 601 s 27; 1989 c 340 art 2 s 3 

     524.2-101 Intestate estate. 

    (a) Any part of a decedent's estate not effectively 
 disposed of by will passes by intestate succession to the 
 decedent's heirs as prescribed in this chapter, except as 
 modified by the decedent's will. 

    (b) A decedent by will may expressly exclude or limit the 
 right of an individual or class to succeed to property of the 
 decedent passing by intestate succession.  If that individual or 
 a member of that class survives the decedent, the share of the 
 decedent's intestate estate to which that individual or class 
 would have succeeded passes as if that individual or each member 
 of that class had disclaimed an intestate share. 

    HIST: 1985 c 250 s 1; 1994 c 472 s 2 

     524.2-102 Share of the spouse. 

    The intestate share of a decedent's surviving spouse is: 

    (1) the entire intestate estate if:  

    (i) no descendant of the decedent survives the decedent; or 

    (ii) all of the decedent's surviving descendants are also 
 descendants of the surviving spouse and there is no other 
 descendant of the surviving spouse who survives the decedent; 

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

    HIST: 1985 c 250 s 2; 1994 c 472 s 3 

     524.2-103 Share of heirs other than surviving spouse. 

    Any part of the intestate estate not passing to the 
 decedent's surviving spouse under section 524.2-102, or the 
 entire intestate estate if there is no surviving spouse, passes 
 in the following order to the individuals designated below who 
 survive the decedent:  

    (1) to the decedent's descendants by representation; 

    (2) if there is no surviving descendant, to the decedent's 
 parents equally if both survive, or to the surviving parent; 

    (3) if there is no surviving descendant or parent, to the 
 descendants of the decedent's parents or either of them by 
 representation; 

    (4) if there is no surviving descendant, parent, or 
 descendant of a parent, but the decedent is survived by one or 
 more grandparents or descendants of grandparents, half of the 
 estate passes to the decedent's paternal grandparents equally if 
 both survive, or to the surviving paternal grandparent, or to 
 the descendants of the decedent's paternal grandparents or 
 either of them if both are deceased, the descendants taking by 
 representation; and the other half passes to the decedent's 
 maternal relatives in the same manner; but if there is no 
 surviving grandparent or descendant of a grandparent on either 
 the paternal or the maternal side, the entire estate passes to 
 the decedent's relatives on the other side in the same manner as 
 the half; 

    (5) if there is no surviving descendant, parent, descendant 
 of a parent, grandparent, or descendant of a grandparent, to the 
 next of kin in equal degree, except that when there are two or 
 more collateral kindred in equal degree claiming through 
 different ancestors, those who claim through the nearest 
 ancestor shall take to the exclusion of those claiming through 
 an ancestor more remote.  

    HIST: 1985 c 250 s 3; 1994 c 472 s 4 

     524.2-104 Requirement that heir survive decedent for 120 
  hours. 

    An individual who fails to survive the decedent by 120 
 hours is deemed to have predeceased the decedent for purposes of 
 homestead, exempt property, and intestate succession, and the 
 decedent's heirs are determined accordingly.  If it is not 
 established that an individual who would otherwise be an heir 
 survived the decedent by 120 hours, it is deemed that the 
 individual failed to survive for the required period.  This 
 section is not to be applied if its application would result in 
 a taking of intestate estate by the state under section 
 524.2-105.  

    HIST: 1985 c 250 s 4; 1994 c 472 s 5 

     524.2-105 No taker. 

    If there is no taker under the provisions of this article, 
 the intestate estate passes to the state. 

    HIST: 1985 c 250 s 5; 1994 c 472 s 6 

     524.2-106 Representation. 

    (a)    Application.  If representation is called for by 
 this article, paragraphs (b) and (c) apply. 

    (b)    Decedent's descendants.  In the case of 
 descendants of the decedent, the estate is divided into as many 
 shares as there are surviving children of the decedent and 
 deceased children who left descendants who survive the decedent, 
 each surviving child receiving one share and the share of each 
 deceased child being divided among its descendants in the same 
 manner.  

    (c)    Descendants of parents or grandparents.  If, 
 under section 524.2-103, clause (3) or (4), a decedent's 
 intestate estate or a part thereof passes by "representation" to 
 the descendants of the decedent's deceased parents or either of 
 them or to the descendants of the decedent's deceased paternal 
 or maternal grandparents or either of them, the estate or part 
 thereof is divided in the following manner: 

    (1) In the case of descendants of the decedent's deceased 
 parents or either of them, the estate or part thereof is divided 
 into as many equal shares as there are (i) surviving descendants 
 in the generation nearest the deceased parents or either of 
 them, and (ii) deceased descendants in the same generation who 
 left surviving descendants, if any.  Each surviving descendant 
 in the nearest generation is allocated one share, and the 
 surviving descendants of each deceased descendant in the same 
 generation are allocated one share, to be divided in the same 
 manner as specified in paragraph (b). 

    (2) In the case of descendants of the decedent's deceased 
 paternal or maternal grandparents or either of them, the estate 
 or part thereof is divided into as many equal shares as there 
 are surviving descendants in the generation nearest the deceased 
 grandparents or either of them that contains one or more 
 surviving descendants.  Each surviving descendant in the nearest 
 generation is allocated one share. 

    HIST: 1985 c 250 s 6; 1986 c 444; 1994 c 472 s 7 

     524.2-107 Degree of kindred and kindred of half blood. 

    The degree of kindred shall be computed according to the 
 rules of the civil law.  Relatives of the half blood inherit the 
 same share they would inherit if they were of the whole blood.  

    HIST: 1985 c 250 s 7 

     524.2-108 After-born heirs. 

    An individual in gestation at a particular time is treated 
 as living at that time if the individual lives 120 hours or more 
 after birth.  

    HIST: 1985 c 250 s 8; 1986 c 444; 1994 c 472 s 8 

     524.2-109 Advancements. 

    (a) If an individual dies intestate as to all or a portion 
 of an estate, property the decedent gave during the decedent's 
 lifetime to an individual who, at the decedent's death, is an 
 heir is treated as an advancement against the heir's intestate 
 share only if: 

    (i) the decedent declared in a contemporaneous writing or 
 the heir acknowledged in writing that the gift is an 
 advancement; or 

    (ii) the decedent's contemporaneous writing or the heir's 
 written acknowledgment otherwise indicates that the gift is to 
 be taken into account in computing the division and distribution 
 of the decedent's intestate estate. 

    (b) For purposes of paragraph (a), property advanced is 
 valued as of the time the heir came into possession or enjoyment 
 of the property or as of the time of the decedent's death, 
 whichever first occurs. 

    (c) If the recipient of the property fails to survive the 
 decedent, the property is not taken into account in computing 
 the division and distribution of the decedent's intestate 
 estate, unless the decedent's contemporaneous writing provides 
 otherwise. 

    HIST: 1985 c 250 s 9; 1Sp1986 c 3 art 3 s 1; 1994 c 472 s 9 

     524.2-110 Debts to decedent. 

    A debt owed to a decedent is not charged against the 
 intestate share of any individual except the debtor.  If the 
 debtor fails to survive the decedent, the debt is not taken into 
 account in computing the intestate share of the debtor's 
 descendants. 

    HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 10 

     524.2-111 Alienage. 

    No individual is disqualified to take as an heir because 
 the individual or another through whom the individual claims is 
 or has been an alien. 

    HIST: 1985 c 250 s 10; 1994 c 472 s 11 

  524.2-112 Repealed, 1994 c 472 s 64 

     524.2-113 Individuals related to decedent through two 
  lines. 

    An individual who is related to the decedent through two 
 lines of relationship is entitled to only a single share based 
 on the relationship that would entitle the individual to the 
 larger share. 

    HIST: 1985 c 250 s 12; 1994 c 472 s 12 

     524.2-114 Meaning of child and related terms. 

    If, for purposes of intestate succession, a relationship of 
 parent and child must be established to determine succession by, 
 through, or from a person: 

    (1) An adopted person is the child of an adopting parent 
 and not of the birth parents except that adoption of a child by 
 the spouse of a birth parent has no effect on the relationship 
 between the child and that birth parent.  If a parent dies and a 
 child is subsequently adopted by a stepparent who is the spouse 
 of a surviving parent, any rights of inheritance of the child or 
 the child's descendant from or through the deceased parent of 
 the child which exist at the time of the death of that parent 
 shall not be affected by the adoption. 

    (2) In cases not covered by clause (1), a person is the 
 child of the person's parents regardless of the marital status 
 of the parents and the parent and child relationship may be 
 established under the Parentage Act, sections 257.51 and 257.74. 

    HIST: 1985 c 250 s 13; 1994 c 465 art 1 s 62; 1994 c 472 s 13; 
 1994 c 631 s 31 

     524.2-115 Instruments referencing intestacy laws. 

    If a maker has executed a will or other instrument before 
 January 1, 1996, which directs disposition of all or part of the 
 estate pursuant to the intestacy laws of the state of Minnesota, 
 the laws to be applied shall be in accordance with the laws of 
 intestate succession in effect on the date of the will or other 
 instrument, unless the will or instrument directs otherwise. 

    HIST: 1994 c 472 s 14 

   524.2-201 Definitions. 

    In this part:  

    (1) As used in sections other than section 524.2-205, 
 "decedent's nonprobate transfers to others" means the amounts 
 that are included in the augmented estate under section 
 524.2-205. 

    (2) "Interest in property held with right of survivorship" 
 means the severable interest owned by the person or persons 
 whose interest is being determined in property held in joint 
 tenancy or in other form of common ownership with a right of 
 survivorship.  The interest shall be identified and valued as of 
 the time immediately prior to the death of the decedent or the 
 date of the transfer which causes the property to be included in 
 the augmented estate, as the case may be.  In the case of an 
 account described in article 6, part 2, the severable interest 
 owned by the person is the amount which belonged to the person 
 determined under section 524.6-203.  In the case of property 
 described in article 6, part 3, the severable interest owned by 
 the person is the amount consistent with section 524.6-306.  

    (3) "Marriage," as it relates to a transfer by the decedent 
 during marriage, means any marriage of the decedent to the 
 decedent's surviving spouse.  

    (4) "Nonadverse party" means a person who does not have a 
 substantial beneficial interest in the trust or other property 
 arrangement that would be adversely affected by the exercise or 
 nonexercise of the power that the person possesses respecting 
 the trust or other property arrangement.  A person having a 
 general power of appointment over property is deemed to have a 
 beneficial interest in the property.  

    (5) "Power" or "power of appointment" includes a power to 
 designate the beneficiary of an insurance policy or other 
 contractual arrangement.  

    (6) "Presently exercisable general power of appointment" 
 means a power possessed by a person at the time in question to 
 create a present or future interest in the person, in the 
 person's creditors, in the person's estate, or in the creditor 
 of the person's estate, whether or not the person then had the 
 capacity to exercise the power.  "General power of appointment" 
 means a power, whether or not presently exercisable, possessed 
 by a person to create a present or future interest in the 
 person, in the person's creditors, in the person's estate, or in 
 creditors of the person's estate.  

    (7) "Probate estate" means property that would pass by 
 intestate succession if the decedent dies without a valid will.  

    (8) "Property" includes values subject to a beneficiary 
 designation.  

    (9) "Right to income" includes a right to payments under a 
 commercial or private annuity, an annuity trust, a unitrust, or 
 a similar arrangement.  

    (10) "Transfer" includes:  (i) the exercise, release, or 
 lapse of a general power of appointment created by the decedent 
 alone or in conjunction with any other person, or exercisable by 
 a nonadverse party; and (ii) the exercise or release by the 
 decedent of a presently exercisable general power of appointment 
 created by someone other than the decedent.  "Transfer" does not 
 include the lapse, other than a lapse at death, of a power 
 described in clause (ii).  

    (11) "Bona fide purchaser" means a purchaser for value in 
 good faith and without notice or actual knowledge of an adverse 
 claim, or a person who receives a payment or other item of 
 property in partial or full satisfaction of a legally 
 enforceable obligation in good faith without notice of an 
 adverse claim.  In the case of real property located in 
 Minnesota purchased from a successor or successors in interest 
 of a decedent, the purchaser is without notice of an adverse 
 claim arising under this part or, if the decedent was not 
 domiciled in Minnesota at the time of death, arising under 
 similar provisions of the law of the decedent's domicile, unless 
 the decedent's surviving spouse has filed a notice in the office 
 of the county recorder of the county in which the real property 
 is located or, if the property is registered land, in the office 
 of the registrar of titles of the county in which the real 
 property is located, containing the legal description of the 
 property, a brief statement of the nature and extent of the 
 interest claimed, and the venue, title, and file number of the 
 proceeding for an elective share, if any has been commenced.  
 The registrar of titles is authorized to accept for registration 
 without production of the owner's duplicate of the certificate 
 of title any such notice which relates to registered land. 

    HIST: 1994 c 472 s 15 

   524.2-202 Elective share. 

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

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

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

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

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

    HIST: 1994 c 472 s 16 

   524.2-203 Composition of the augmented estate. 

    Subject to section 524.2-208, the value of the augmented 
 estate, to the extent provided in sections 524.2-204, 524.2-205, 
 524.2-206, and 524.2-207, consists of the sum of the values of 
 all property, whether real or personal, movable or immovable, 
 tangible or intangible, wherever situated, that constitute the 
 decedent's net probate estate, the decedent's nonprobate 
 transfers to others, the decedent's nonprobate transfers to the 
 surviving spouse, and the surviving spouse's property and 
 nonprobate transfers to others.  

    HIST: 1994 c 472 s 17 

   524.2-204 Decedent's net probate estate. 

    The value of the augmented estate includes the value of the 
 decedent's probate estate, reduced by funeral and administration 
 expenses, the homestead, family allowances and exemptions, 
 liens, mortgages, and enforceable claims.  

    HIST: 1994 c 472 s 18 

   524.2-205 Decedent's nonprobate transfers to others. 

    The value of the augmented estate includes the value of the 
 decedent's nonprobate transfers to others, other than the 
 homestead, of any of the following types, in the amount provided 
 respectively for each type of transfer.  

    (1) Property owned or owned in substance by the decedent 
 immediately before death that passed outside probate at the 
 decedent's death.  Property included under this category 
 consists of:  

    (i) Property over which the decedent alone, immediately 
 before death, held a presently exercisable general power of 
 appointment.  The amount included is the value of the property 
 subject to the power, to the extent the property passed at the 
 decedent's death, by exercise, release, lapse, default, or 
 otherwise, to or for the benefit of any person other than the 
 decedent's estate or surviving spouse.  

    (ii) The decedent's interest in property held with the 
 right of survivorship.  The amount included is the value of the 
 decedent's interest, to the extent the interest passed by right 
 of survivorship at the decedent's death to someone other than 
 the decedent's surviving spouse.  

    (iii) Proceeds of insurance, including accidental death 
 benefits, on the life of the decedent, if the decedent owned the 
 insurance policy immediately before death or if and to the 
 extent the decedent alone and immediately before death held a 
 presently exercisable general power of appointment over the 
 policy or its proceeds.  The amount included is the value of the 
 proceeds, to the extent they were payable at the decedent's 
 death to or for the benefit of any person other than the 
 decedent's estate or surviving spouse.  

    (iv) The value payable after the decedent's death to or for 
 the benefit of any person other than the decedent's surviving 
 spouse of the proceeds of annuity contracts under which the 
 decedent was the primary annuitant.  The amount included is any 
 amount over which the person has an immediate right of 
 withdrawal after the decedent's death plus the commuted value of 
 other amounts payable in the future.  

    (v) The value payable after the decedent's death to or for 
 the benefit of any person other than the decedent's surviving 
 spouse of amounts under any public or private pension, 
 disability compensation, benefit, or retirement plan or account, 
 excluding the federal Social Security system.  The amount 
 included is any amount over which the person has an immediate 
 right of withdrawal after the decedent's death plus the commuted 
 value of other amounts payable in the future.  

    (2) Property transferred in any of the following forms by 
 the decedent during marriage, to the extent not included under 
 paragraph (1):  

    (i) Any irrevocable transfer in which the decedent retained 
 the right to the possession or enjoyment of, or to the income 
 from, the property if and to the extent the decedent's right 
 terminated at or continued beyond the decedent's death.  The 
 amount included is the value of the fraction of the property to 
 which the decedent's right related, to the extent the fraction 
 of the property passed outside probate to or for the benefit of 
 any person other than the decedent's estate or surviving spouse. 

    (ii) Any transfer in which the decedent created a general 
 power of appointment over income or property exercisable by the 
 decedent alone or in conjunction with any other person, or 
 exercisable by a nonadverse party.  The amount included with 
 respect to a power over property is the value of the property 
 subject to the power, and the amount included with respect to a 
 power over income is the value of the property that produces or 
 produced the income, to the extent in either case that the 
 property passed at the decedent's death to or for the benefit of 
 any person other than the decedent's estate or surviving 
 spouse.  If the power is a power over both income and property 
 and the preceding sentence produces different amounts, the 
 amount included is the greater amount.  

    (3) Property that passed during marriage and during the 
 two-year period next preceding the decedent's death as a result 
 of a transfer by the decedent if the transfer was of any of the 
 following types:  

    (i) Any property that passed as a result of the termination 
 of a right or interest in, or power over, property that would 
 have been included in the augmented estate under paragraph (1), 
 clause (i), (ii), (iv), or (v), or under paragraph (2), if the 
 right, interest, or power had not terminated until the 
 decedent's death.  The amount included is the value of the 
 property that would have been included under those paragraphs if 
 the property were valued at the time the right, interest, or 
 power terminated, and is included only to the extent the 
 property passed upon termination to or for the benefit of any 
 person other than the decedent or the decedent's estate, spouse, 
 or surviving spouse.  As used in this paragraph, "termination," 
 with respect to a right or interest in property, occurs when the 
 power is terminated by exercise, release, default, or otherwise, 
 but with respect to a power described in paragraph (1), clause 
 (i), "termination" occurs when the power is terminated by 
 exercise or release, but not otherwise.  

    (ii) Any transfer of or relating to an insurance policy on 
 the life of the decedent if the proceeds would have been 
 included in the augmented estate under paragraph (1), clause 
 (iii), had the transfer not occurred.  The amount included is 
 the value of the insurance proceeds to the extent the proceeds 
 were payable at the decedent's death to or for the benefit of 
 any person other than the decedent's estate or surviving spouse. 

    (iii) Any transfer of property, to the extent not otherwise 
 included in the augmented estate, made to or for the benefit of 
 a person other than the decedent's surviving spouse.  The amount 
 included is the value of the transferred property to the extent 
 the aggregate transfers to any one donee in either of the two 
 years exceeded $10,000.  

    HIST: 1994 c 472 s 19 

   524.2-206 Decedent's nonprobate transfers to the 
  surviving spouse. 

    Excluding the homestead and property passing to the 
 surviving spouse under the federal Social Security system, the 
 value of the augmented estate includes the value of the 
 decedent's nonprobate transfers to the decedent's spouse, which 
 consists of all property that passed outside probate at the 
 decedent's death from the decedent to the surviving spouse by 
 reason of the decedent's death that would have been included in 
 the augmented estate under section 524.2-205, paragraph (1) or 
 (2), had the property passed to or for the benefit of a person 
 other than the decedent's spouse, the decedent, or the 
 decedent's creditors, estate, or estate creditors.  

    HIST: 1994 c 472 s 20 

   524.2-207 Surviving spouse's property and nonprobate 
  transfers to others. 

    (a)    Included property.  Except to the extent included 
 in the augmented estate under section 524.2-204 or 524.2-206, 
 the value of the augmented estate includes the value of:  

    (1) property, other than the homestead, that was owned by 
 the surviving spouse at the decedent's death, including the 
 surviving spouse's interest in property held with right of 
 survivorship; and 

    (2) property that would have been included in the surviving 
 spouse's nonprobate transfers to others, other than the spouse's 
 interest in property held with right of survivorship included 
 under clause (1), had the spouse been the decedent.  

    (b)    Time of valuation.  Property included under this 
 section is valued at the decedent's death, taking the fact that 
 the decedent predeceased the spouse into account, but, for 
 purposes of the surviving spouse's interest in property held 
 with right of survivorship included under paragraph (a), clause 
 (1), the value of the spouse's interest is determined 
 immediately before the decedent's death if the decedent was then 
 a joint tenant or a coowner of the property or accounts.  For 
 purposes of paragraph (a), clause (2), proceeds of insurance 
 that would have been included in the spouse's nonprobate 
 transfers to others under section 524.2-205, paragraph (1), 
 clause (iii), are not valued as if the spouse were deceased.  

    (c)    Reduction for enforceable claims.  The value of 
 property included under this section is reduced by mortgages, 
 liens, and enforceable claims against the property or against 
 the surviving spouse.  

    HIST: 1994 c 472 s 21 

     524.2-208 Exclusions, valuation, and overlapping 
  application. 

    (a)    Exclusions.  The value of any property is 
 excluded from the decedent's nonprobate transfers to others (i) 
 to the extent the decedent received adequate and full 
 consideration in money or money's worth for a transfer of the 
 property, or (ii) if the property was transferred with the 
 written joinder of, or if the transfer was consented to in 
 writing by, the surviving spouse.  

    (b)    Protection of bona fide purchasers.  A bona fide 
 purchaser who purchases property from a successor or successors 
 in interest of the decedent or from a transferee of the decedent 
 is neither obligated under this part to return the payment, item 
 of property, or benefit nor is liable under this part for the 
 amount of the payment or the value of the item of property or 
 benefit.  

    (c)    Valuation.  The value of property:  

    (1) included in the augmented estate under section 
 524.2-205, 524.2-206, or 524.2-207 is reduced in each category 
 by mortgages, liens, and enforceable claims against the included 
 property; and 

    (2) includes the commuted value of any present or future 
 interest and the commuted value of amounts payable under any 
 trust, life insurance settlement option, annuity contract, 
 public or private pension, disability compensation, death 
 benefit or retirement plan, or any similar arrangement, 
 exclusive of the federal Social Security system.  The commuted 
 value of the surviving spouse's interest in a life estate or in 
 any trust shall be calculated as if worth one-half of the total 
 value of the property subject to the life estate, or of the 
 trust estate, unless higher or lower values for these interests 
 are established by proof.  

    (d)    Overlapping application; no double inclusion.  In 
 case of overlapping application to the same property of portions 
 of section 524.2-205, 524.2-206, or 524.2-207, the property is 
 included in the augmented estate under the provision yielding 
 the greatest value, and under only one overlapping provision if 
 they all yield the same value.  

    HIST: 1994 c 472 s 22 

     524.2-209 Sources from which elective share payable. 

    (a)    Elective-share amount only.  In a proceeding for 
 an elective share, the following are applied first to satisfy 
 the elective-share amount and to reduce or eliminate any 
 contributions due from the decedent's probate estate and 
 recipients of the decedent's nonprobate transfers to others:  

    (1) amounts included in the augmented estate under section 
 524.2-204 which pass or have passed to the surviving spouse by 
 testate or intestate succession and amounts included in the 
 augmented estate under section 524.2-206; 

    (2) amounts included in the augmented estate which would 
 have passed to the spouse but were disclaimed; and 

    (3) amounts included in the augmented estate under section 
 524.2-207 up to the applicable percentage thereof.  For the 
 purposes of this paragraph, the "applicable percentage" is twice 
 the elective-share percentage set forth in the schedule in 
 section 524.2-202, paragraph (a), appropriate to the length of 
 time the spouse and the decedent were married to each other.  

    (b)    Unsatisfied balance of elective-share amount; 
 supplemental elective-share amount.  If, after the application 
 of paragraph (a), the elective-share amount is not fully 
 satisfied or the surviving spouse is entitled to a supplemental 
 elective-share amount, amounts included in the decedent's 
 probate estate and in the decedent's nonprobate transfers to 
 others, other than amounts included under section 524.2-205, 
 paragraph (3), clause (i) or (iii), are applied first to satisfy 
 the unsatisfied balance of the elective-share amount or the 
 supplemental elective-share amount.  The decedent's probate 
 estate and that portion of the decedent's nonprobate transfers 
 to others are so applied that liability for the unsatisfied 
 balance of the elective-share amount or for the supplemental 
 elective-share amount is equitably apportioned among the 
 recipients of the decedent's probate estate and of that portion 
 of the decedent's nonprobate transfers to others in proportion 
 to the value of their interests therein.  

    (c)    Unsatisfied balance of elective-share and 
 supplemental elective-share amounts.  If, after the 
 application of paragraphs (a) and (b), the elective-share or 
 supplemental elective-share amount is not fully satisfied, the 
 remaining portion of the decedent's nonprobate transfers to 
 others is so applied that liability for the unsatisfied balance 
 of the elective-share or supplemental elective-share amount is 
 equitably apportioned among the recipients of the remaining 
 portion of the decedent's nonprobate transfers to others in 
 proportion to the value of their interests therein.  

    HIST: 1994 c 472 s 23 

     524.2-210 Personal liability of recipients. 

    (a) Only original recipients of the decedent's nonprobate 
 transfers to others, and the donees of the recipients of the 
 decedent's nonprobate transfers to others, to the extent the 
 donees have the property or its proceeds, are liable to make a 
 proportional contribution toward satisfaction of the surviving 
 spouse's elective-share or supplemental elective-share amount.  
 A person liable to make contribution may choose to give up the 
 proportional part that has been received of the decedent's 
 nonprobate transfers or to pay the value of the amount for which 
 the person is liable.  

    (b) If any section or part of any section of this part is 
 preempted by federal law with respect to a payment, an item of 
 property, or any other benefit included in the decedent's 
 nonprobate transfers to others, a person who is not a bona fide 
 purchaser and who receives the payment, item of property, or any 
 other benefit is obligated to return the payment, item of 
 property, or benefit, or is personally liable for the amount of 
 the payment or the value of that item of property or benefit, as 
 provided in section 524.2-209, to the person who would have been 
 entitled to it were that section or part of that section not 
 preempted. 

    HIST: 1994 c 472 s 24; 1995 c 186 s 96 

     524.2-211 Proceeding for elective share; time limit. 

    (a) Except as provided in paragraph (b), the election must 
 be made by filing in the court and mailing or delivering to the 
 personal representative, if any, a petition for the elective 
 share within nine months after the date of the decedent's death, 
 or within six months after the probate of the decedent's will, 
 whichever limitation later expires.  The surviving spouse must 
 give notice of the time and place set for hearing to persons 
 interested in the estate and to the distributees and recipients 
 of portions of the augmented estate whose interests will be 
 adversely affected by the taking of the elective share.  Except 
 as provided in paragraph (b), the decedent's nonprobate 
 transfers to others are not included within the augmented estate 
 for the purpose of computing the elective share, if the petition 
 is filed more than nine months after the decedent's death.  

    (b) Within nine months after a decedent's death, the 
 surviving spouse may petition the court for an extension of time 
 for making an election.  If, within nine months after the 
 decedent's death, the spouse gives notice of the petition to all 
 persons interested in the decedent's nonprobate transfers to 
 others, the court for cause shown by the surviving spouse may 
 extend the time for election.  If the court grants the spouse's 
 petition for an extension, the decedent's nonprobate transfers 
 to others are not excluded from the augmented estate for the 
 purpose of computing the elective-share and supplemental 
 elective-share amounts, if the spouse makes an election by 
 filing in the court and mailing or delivering to the personal 
 representative, if any, a petition for the elective share within 
 the time allowed by the extension.  

    (c) The surviving spouse may withdraw a demand for an 
 elective share at any time before entry of a final determination 
 by the court.  

    (d) After notice and hearing, the court shall determine the 
 elective-share and supplemental elective-share amounts, and 
 shall order its payment from the assets of the augmented estate 
 or by contribution as appears appropriate under sections 
 524.2-209 and 524.2-210.  If it appears that a fund or property 
 included in the augmented estate has not come into the 
 possession of the personal representative, or has been 
 distributed by the personal representative, the court 
 nevertheless shall fix the liability of any person who has any 
 interest in the fund or property or who has possession thereof, 
 whether as trustee or otherwise.  The proceeding may be 
 maintained against fewer than all persons against whom relief 
 could be sought, but no person is subject to contribution in any 
 greater amount than would have been the case under sections 
 524.2-209 and 524.2-210 had relief been secured against all 
 persons subject to contribution.  

    (e) An order of judgment of the court may be enforced as 
 necessary in suit for contribution or payment in other courts of 
 this state or other jurisdictions.  

    (f) Whether or not an election has been made under 
 paragraph (a), the surviving spouse may elect statutory rights 
 in the homestead by filing in the manner provided in this 
 section a petition in which the spouse asserts the rights 
 provided in section 524.2-402, provided that:  

    (1) when the homestead is subject to a testamentary 
 disposition, the filing must be within nine months after the 
 date of death, or within six months after the probate of the 
 decedent's will, whichever limitation last expires; or 

    (2) where the homestead is subject to other disposition, 
 the filing must be within nine months after the date of death.  

    The court may extend the time for election in the manner 
 provided in paragraph (b).  

    HIST: 1994 c 472 s 25 

     524.2-212 Right of election personal to surviving spouse.

    The right of election of the surviving spouse may be 
 exercised only during the surviving spouse's lifetime.  In the 
 case of a protected person, the right of election may be 
 exercised only by order of the court in which protective 
 proceedings as to the protected person's property are pending, 
 after finding (1) that exercise is necessary to provide adequate 
 support for the protected person during the protected person's 
 probable life expectancy and (2) that the election will be 
 consistent with the best interests of the natural bounty of the 
 protected person's affection.  

    HIST: 1994 c 472 s 26 

     524.2-213 Waiver of right to elect and of other rights. 

    The right of election of a surviving spouse and the rights 
 of the surviving spouse to the homestead, exempt property, and 
 family allowance, or any of them, may be waived, wholly or 
 partially, after marriage, by a written contract, agreement, or 
 waiver signed by the party waiving after fair disclosure.  
 Unless it provides to the contrary, a waiver of "all rights," or 
 equivalent language, in the property or estate of a spouse is a 
 waiver only of the right to the elective share.  Any waiver 
 prior to marriage must be made pursuant to section 519.11.  

    HIST: 1994 c 472 s 27 

     524.2-214 Protection of payors and other third parties. 

    (a) Although under section 524.2-205 a payment, item of 
 property, or other benefit is included in the decedent's 
 nonprobate transfers to others, a payor or other third party is 
 not liable for having made a payment or transferred an item of 
 property or other benefit to a beneficiary designated in a 
 governing instrument, or for having taken any other action in 
 good faith reliance on the validity of a governing instrument, 
 upon request and satisfactory proof of the decedent's death, 
 before the payor or other third party received written notice 
 from the surviving spouse or spouse's representative of an 
 intention to file a petition for the elective share or that a 
 petition for the elective share has been filed.  A payor or 
 other third party is liable for payments made or other actions 
 taken after the payor or other third party received written 
 notice of an intention to file a petition for the elective share 
 or that a petition for the elective share has been filed.  

    (b) A written notice of intention to file a petition for 
 the elective share or that a petition for the elective share has 
 been filed must be mailed to the payor's or other third party's 
 main office or home by registered or certified mail, return 
 receipt requested, or served upon the payor or other third party 
 in the same manner as a summons in a civil action.  Upon receipt 
 of written notice of intention to file a petition for the 
 elective share or that a petition for the elective share has 
 been filed, a payor or other third party may pay any amount owed 
 or transfer or deposit any item of property held by it to or 
 with the court having jurisdiction of the probate proceedings 
 relating to the decedent's estate or, if no proceedings have 
 been commenced, to or with the court having jurisdiction of 
 probate proceedings relating to decedents' estates located in 
 the county of the decedent's residence.  The court shall hold 
 the funds or item of property and, upon its determination under 
 section 524.2-211, paragraph (d), shall order disbursement in 
 accordance with the determination.  If no petition is filed in 
 the court within the specified time under section 524.2-211, 
 paragraph (a), or, if filed, the demand for an elective share is 
 withdrawn under section 524.2-211, paragraph (c), the court 
 shall order disbursement to the designated beneficiary.  
 Payments or transfers to the court or deposits made into court 
 discharge the payor or other third party from all claims for 
 amounts so paid or the value of property so transferred or 
 deposited.  

    (c) Upon petition to the court described in paragraph (b) 
 by the beneficiary designated in the governing instrument, the 
 court may order that all or part of the property be paid to the 
 beneficiary in an amount and subject to conditions consistent 
 with this part. 

    HIST: 1994 c 472 s 28 

     524.2-301 Entitlement of spouse; premarital will. 

    (a) A testator's surviving spouse, who married the testator 
 after the testator's will was executed, is entitled to receive, 
 as an intestate share, no less than the value of the share of 
 the estate the surviving spouse would have received if the 
 testator had died intestate as to that portion of the testator's 
 estate, if any, that neither is devised to a child of the 
 testator who was born before the testator married the surviving 
 spouse and who is not a child of the surviving spouse nor is 
 devised to a descendant of such a child or passes under section 
 524.2-603 or 524.2-604 to such a child or to a descendant of 
 such a child, unless: 

    (1) it appears from the will or other evidence that the 
 will was made in contemplation of the testator's marriage to the 
 surviving spouse; 

    (2) the will expresses the intention that it is to be 
 effective notwithstanding any subsequent marriage; or 

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

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

    HIST: 1985 c 250 s 21; 1986 c 444; 1994 c 472 s 29 

     524.2-302 Omitted children. 

    (a) Except as provided in paragraph (b), if a testator's 
 will fails to provide for any of the testator's children born or 
 adopted after the execution of the will, the omitted after-born 
 or after-adopted child receives a share in the estate as follows:

    (1) If the testator had no child living when the will was 
 executed, an omitted after-born or after-adopted child receives 
 a share in the estate equal in value to that which the child 
 would have received had the testator died intestate, unless the 
 will devised all or substantially all the estate to the other 
 parent of the omitted child and that other parent survives the 
 testator and is entitled to take under the will. 

    (2) If the testator had one or more children living when 
 the will was executed, and the will devised property or an 
 interest in property to one or more of the then-living children, 
 an omitted after-born or after-adopted child is entitled to 
 share in the testator's estate as follows: 

    (i) The portion of the testator's estate in which the 
 omitted after-born or after-adopted child is entitled to share 
 is limited to devises made to the testator's then-living 
 children under the will. 

    (ii) The omitted after-born or after-adopted child is 
 entitled to receive the share of the testator's estate, as 
 limited in subclause (i), that the child would have received had 
 the testator included all omitted after-born and after-adopted 
 children with the children to whom devises were made under the 
 will and had given an equal share of the estate to each child. 

    (iii) To the extent feasible, the interest granted an 
 omitted after-born or after-adopted child under this section 
 must be of the same character, whether equitable or legal, 
 present or future, as that devised to the testator's then-living 
 children under the will. 

    (iv) In satisfying a share provided by this paragraph, 
 devises to the testator's children who were living when the will 
 was executed abate ratably.  In abating the devises of the 
 then-living children, the court shall preserve to the maximum 
 extent possible the character of the testamentary plan adopted 
 by the testator. 

    (b) Neither paragraph (a), clause (1) or (2), nor paragraph 
 (c), applies if: 

    (1) it appears from the will that the omission was 
 intentional; or 

    (2) the testator provided for the omitted after-born or 
 after-adopted child by transfer outside the will and the intent 
 that the transfer be in lieu of a testamentary provision is 
 shown by the testator's statements or is reasonably inferred 
 from the amount of the transfer or other evidence. 

    (c) If at the time of execution of the will the testator 
 fails to provide in the will for a living child solely because 
 the testator believes the child to be dead, the child receives a 
 share in the estate equal in value to that which the child would 
 have received had the testator died intestate. 

    (d) In satisfying a share provided by paragraph (a), clause 
 (1), or (c), devises made by the will abate under section 
 524.3-902. 

    HIST: 1985 c 250 s 22; 1986 c 444; 1994 c 472 s 30 

     524.2-401 Applicable law. 

    This part applies to the estate of a decedent who dies 
 domiciled in this state.  Rights to homestead, exempt property, 
 and family allowance for a decedent who dies not domiciled in 
 this state are governed by the law of the decedent's domicile at 
 death. 

    HIST: 1994 c 472 s 31 

     524.2-402 Descent of homestead. 

    (a) If there is a surviving spouse, the homestead, 
 including a manufactured home which is the family residence, 
 descends free from any testamentary or other disposition of it 
 to which the spouse has not consented in writing or as provided 
 by law, as follows: 

    (1) if there is no surviving descendant of decedent, to the 
 spouse; or 

    (2) if there are surviving descendants of decedent, then to 
 the spouse for the term of the spouse's natural life and the 
 remainder in equal shares to the decedent's descendants by 
 representation. 

    (b) If there is no surviving spouse and the homestead has 
 not been disposed of by will it descends as other real estate. 

    (c) If the homestead passes by descent or will to the 
 spouse or decedent's descendants, it is exempt from all debts 
 which were not valid charges on it at the time of decedent's 
 death except that the homestead is subject to a claim filed 
 pursuant to section 246.53 for state hospital care or 256B.15 
 for medical assistance benefits.  If the homestead passes to a 
 person other than a spouse or decedent's descendants, it is 
 subject to the payment of expenses of administration, funeral 
 expenses, expenses of last illness, taxes, and debts.  The 
 claimant may seek to enforce a lien or other charge against a 
 homestead so exempted by an appropriate action in the district 
 court. 

    (d) For purposes of this section, except as provided in 
 section 524.2-301, the surviving spouse is deemed to consent to 
 any testamentary or other disposition of the homestead to which 
 the spouse has not previously consented in writing unless the 
 spouse files in the manner provided in section 524.2-211, 
 paragraph (f), a petition that asserts the homestead rights 
 provided to the spouse by this section. 

    HIST: 1994 c 472 s 32; 1997 c 7 art 1 s 165; 1997 c 9 s 6 

     524.2-403 Exempt property. 

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

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

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

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

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

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

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

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

    HIST: 1994 c 472 s 33; 1996 c 338 art 2 s 2; 1996 c 451 art 2 
 s 54; 1997 c 9 s 7; 1998 c 262 s 9 

     524.2-404 Family allowance. 

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

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

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

    (b) The amount of the family allowance may be determined by 
 the personal representative in an amount not to exceed $1,500 
 per month. 

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

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

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

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

    HIST: 1994 c 472 s 34 

     524.2-405 Source, determination, and documentation. 

    (a) If the estate is otherwise sufficient, property 
 specifically devised may not be used to satisfy rights to exempt 
 property.  Subject to this restriction, the surviving spouse, 
 guardians or conservators of minor children, or children who are 
 adults may select property of the estate as exempt property.  
 The personal representative may make those selections if the 
 surviving spouse, the children, or the guardians of the minor 
 children are unable or fail to do so within a reasonable time or 
 there is no guardian of a minor child. 

    (b) The personal representative may execute an instrument 
 or deed of distribution to establish the ownership of property 
 taken as exempt property. 

    (c) The personal representative or an interested person 
 aggrieved by any selection, determination, payment, proposed 
 payment, or failure to act under this section may petition the 
 court for appropriate relief, which may include a selection or 
 determination under this section other than that which the 
 surviving spouse, guardians or conservators of minor children, 
 children who are adults, or the personal representative 
 selected, could have selected, determined, or could have 
 determined. 

    HIST: 1994 c 472 s 35 

     524.2-501 Who may make a will.  

    Any person 18 or more years of age who is of sound mind may 
 make a will.  

    HIST: 1975 c 347 s 22 

     524.2-502 Execution; witnessed wills. 

    Except as provided in sections 524.2-506 and 524.2-513, a 
 will must be: 

    (1) in writing; 

    (2) signed by the testator or in the testator's name by 
 some other individual in the testator's conscious presence and 
 by the testator's direction; and 

    (3) signed by at least two individuals, each of whom signed 
 within a reasonable time after witnessing either the signing of 
 the will as described in clause (2) or the testator's 
 acknowledgment of that signature or acknowledgment of the will. 

    HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 36 

     524.2-504 Self-proved will. 

    (a) A will may be contemporaneously executed, attested, and 
 made self-proved, by acknowledgment thereof by the testator and 
 affidavits of the witnesses, each made before an officer 
 authorized to administer oaths under the laws of the state in 
 which execution occurs and evidenced by the officer's 
 certificate, under official seal, in substantially the following 
 form: 

    I, ............, the testator, sign my name to this 
 instrument this ... day of ............, and being first duly 
 sworn, do hereby declare to the undersigned authority that I 
 sign and execute this instrument as my will and that I sign it 
 willingly (or willingly direct another to sign for me), that I 
 execute it as my free and voluntary act for the purposes therein 
 expressed, and that I am 18 years of age or older, of sound 
 mind, and under no constraint or undue influence. 

                                    ........................
                                                    Testator

    We, ............, ............, the witnesses, sign our 
 names to this instrument, being first duly sworn, and do hereby 
 declare to the undersigned authority that the testator signs and 
 executes this instrument as the testator's will and that the 
 testator signs it willingly (or willingly directs another to 
 sign for the testator), and that each of us, in the presence and 
 hearing of the testator, hereby signs this will as witness to 
 the testator's signing, and that to the best of our knowledge 
 the testator is 18 years of age or older, of sound mind, and 
 under no constraint or undue influence. 

                             ...............................
                                                     Witness

                             ...............................

                                                     Witness

 State of ................ 

 County of ............... 

    Subscribed, sworn to, and acknowledged before me by 
 ............, the testator, and subscribed and sworn to before 
 me by ............, and ............, witnesses, this ... day of 
 ........, .... . 

 (Seal) 

              (Signed)......................................

              ..............................................

              (Official capacity of officer)                

    (b) An attested will may be made self-proved at any time 
 after its execution by the acknowledgment thereof by the 
 testator and the affidavits of the witnesses, each made before 
 an officer authorized to administer oaths under the laws of the 
 state in which the acknowledgment occurs and evidenced by the 
 officer's certificate, under the official seal, attached or 
 annexed to the will in substantially the following form: 

 State of ................ 

 County of ............... 

    We, ............, ............, and ............, the 
 testator and the witnesses, respectively, whose names are signed 
 to the attached or foregoing instrument, being first duly sworn, 
 do hereby declare to the undersigned authority that the testator 
 signed and executed the instrument as the testator's will and 
 that the testator had signed willingly (or willingly directed 
 another to sign for the testator), and that the testator 
 executed it as the testator's free and voluntary act for the 
 purposes therein expressed, and each of the witnesses, in the 
 presence and hearing of the testator, signed the will as witness 
 and that to the best of the witness' knowledge the testator was 
 at the time 18 years of age or older, of sound mind, and under 
 no constraint or undue influence. 

                               .............................

                                                    Testator

                               .............................

                                                     Witness

                               .............................

                                                     Witness

    Subscribed, sworn to, and acknowledged before me by 
 ............, the testator, and subscribed and sworn to before 
 me by ............, and ............, witnesses, this ... day of 
 .........., .... . 

 (Seal) 

              (Signed)..........................             

              ..................................             

              (Official capacity of officer)                 

    (c) A signature affixed to a self-proving affidavit 
 attached to a will is considered a signature affixed to the 
 will, if necessary to prove the will's due execution. 

    HIST: 1975 c 347 s 22; 1979 c 240 s 1; 1986 c 444; 1994 c 472 
 s 37 

     524.2-505 Who may witness. 

    (a) An individual generally competent to be a witness may 
 act as a witness to a will.  

    (b) The signing of a will by an interested witness does not 
 invalidate the will or any provision of it. 

    HIST: 1975 c 347 s 22; 1994 c 472 s 38 

     524.2-506 Choice of law as to execution.  

    A written will is valid if executed in compliance with 
 section 524.2-502 or if its execution complies with the law at 
 the time of execution of the place where the will is executed, 
 or of the law of the place where at the time of execution or at 
 the time of death the testator is domiciled, has a place of 
 abode or is a national.  

    HIST: 1975 c 347 s 22 

     524.2-507 Revocation by writing or by act. 

    (a) A will or any part thereof is revoked: 

    (1) by executing a subsequent will that revokes the 
 previous will or part expressly or by inconsistency; or 

    (2) by performing a revocatory act on the will, if the 
 testator performed the act with the intent and for the purpose 
 of revoking the will or part or if another individual performed 
 the act in the testator's conscious presence and by the 
 testator's direction.  For purposes of this clause, "revocatory 
 act on the will" includes burning, tearing, canceling, 
 obliterating, or destroying the will or any part of it.  A 
 burning, tearing, or canceling may be a "revocatory act on the 
 will," whether or not the burn, tear, or cancellation touched 
 any of the words on the will. 

    (b) If a subsequent will does not expressly revoke a 
 previous will, the execution of the subsequent will wholly 
 revokes the previous will by inconsistency if the testator 
 intended the subsequent will to replace rather than supplement 
 the previous will. 

    (c) The testator is presumed to have intended a subsequent 
 will to replace rather than supplement a previous will if the 
 subsequent will makes a complete disposition of the testator's 
 estate.  If this presumption arises and is not rebutted by clear 
 and convincing evidence, the previous will is revoked; only the 
 subsequent will is operative on the testator's death. 

    (d) The testator is presumed to have intended a subsequent 
 will to supplement rather than replace a previous will if the 
 subsequent will does not make a complete disposition of the 
 testator's estate.  If this presumption arises and is not 
 rebutted by clear and convincing evidence, the subsequent will 
 revokes the previous will only to the extent the subsequent will 
 is inconsistent with the previous will; each will is fully 
 operative on the testator's death to the extent they are not 
 inconsistent. 

    HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 39 

     524.2-508 Revocation by changes of circumstances. 

    Except as provided in sections 524.2-803 and 524.2-804, a 
 change of circumstances does not revoke a will or any part of it.

    HIST: 1975 c 347 s 22; 1994 c 472 s 40; 1995 c 130 s 12 

     524.2-509 Revival of revoked will. 

    (a) If a subsequent will that wholly revoked a previous 
 will is thereafter revoked by a revocatory act under section 
 524.2-507, paragraph (a), clause (2), the previous will remains 
 revoked unless it is revived.  The previous will is revived if 
 it is evident from the circumstances of the revocation of the 
 subsequent will or from the testator's contemporary or 
 subsequent declarations that the testator intended the previous 
 will to take effect as executed. 

    (b) If a subsequent will that partly revoked a previous 
 will is thereafter revoked by a revocatory act under section 
 524.2-507, paragraph (a), clause (2), a revoked part of the 
 previous will is revived unless it is evident from the 
 circumstances of the revocation of the subsequent will or from 
 the testator's contemporary or subsequent declarations that the 
 testator did not intend the revoked part to take effect as 
 executed. 

    (c) If a subsequent will that revoked a previous will in 
 whole or in part is thereafter revoked by another later will, 
 the previous will remains revoked in whole or in part, unless it 
 or its revoked part is revived.  The previous will or its 
 revoked part is revived to the extent it appears from the terms 
 of the later will that the testator intended the previous will 
 to take effect. 

    HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 41 

     524.2-510 Incorporation by reference.  

    Any writing in existence when a will is executed may be 
 incorporated by reference if the language of the will manifests 
 this intent and describes the writing sufficiently to permit its 
 identification.  

    HIST: 1975 c 347 s 22 

     524.2-511 Testamentary additions to trusts. 

    (a) A will may validly devise property to the trustee of a 
 trust established or to be established (i) during the testator's 
 lifetime by the testator, by the testator and some other person, 
 or by some other person, including a funded or unfunded life 
 insurance trust, although the settlor has reserved any or all 
 rights of ownership of the insurance contracts, or (ii) at the 
 testator's death by the testator's devise to the trustee, if, in 
 either case, the trust is identified in the testator's will and 
 its terms are set forth in a written instrument, other than a 
 will, executed before, concurrently with, or after the execution 
 of the testator's will or in another individual's will if that 
 other individual has predeceased the testator, regardless of the 
 existence, size, or character of the corpus of the trust.  The 
 devise is not invalid because the trust is amendable or 
 revocable, or because the trust was amended after the execution 
 of the will or the testator's death. 

    (b) Unless the testator's will provides otherwise, property 
 devised to a trust described in paragraph (a) is not held under 
 a testamentary trust of the testator, but it becomes a part of 
 the trust to which it is devised, and must be administered and 
 disposed of in accordance with the provisions of the governing 
 instrument setting forth the terms of the trust, including any 
 amendments thereto made before or after the testator's death. 

    (c) Unless the testator's will provides otherwise, a 
 revocation or termination of the trust before the testator's 
 death causes the devise to lapse. 

    (d) This section does not invalidate a devise made by a 
 will executed before February 21, 1963. 

    HIST: 1994 c 472 s 42 

     524.2-512 Events of independent significance. 

    A will may dispose of property by reference to acts and 
 events that have significance apart from their effect upon the 
 dispositions made by the will, whether they occur before or 
 after the execution of the will or before or after the 
 testator's death.  The execution or revocation of another 
 individual's will is such an event.  

    HIST: 1975 c 347 s 22; 1994 c 472 s 43 

     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 property used in trade or business.  To be admissible under 
 this section as evidence of the intended disposition, the 
 writing must 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.  

    HIST: 1975 c 347 s 22; 1986 c 444 

     524.2-514 Contracts concerning succession. 

    A contract to make a will or devise, or not to revoke a 
 will or devise, or to die intestate, if executed after January 
 1, 1976, may be established only by (i) provisions of a will 
 stating material provisions of the contract, (ii) an express 
 reference in a will to a contract and extrinsic evidence proving 
 the terms of the contract, or (iii) a writing signed by the 
 decedent evidencing the contract.  The execution of a joint will 
 or mutual wills does not create a presumption of a contract not 
 to revoke the will or wills. 

    HIST: 1994 c 472 s 44 

     524.2-515 Deposit of will with court in testator's 
  lifetime. 

    A will may be deposited by the testator or the testator's 
 agent with any court for safekeeping, under rules of the court. 
 The will must be sealed and kept confidential.  During the 
 testator's lifetime, a deposited will must be delivered only to 
 the testator or to a person authorized in writing signed by the 
 testator to receive the will.  A conservator or guardian may be 
 allowed to examine a deposited will of a protected testator 
 under procedures designed to maintain the confidential character 
 of the document to the extent possible, and to ensure that it 
 will be resealed and kept on deposit after the examination.  
 Upon being informed of the testator's death, the court may 
 deliver the will to the appropriate court. 

    HIST: 1994 c 472 s 45 

     524.2-516 Duty of custodian of will; liability. 

    After the death of a testator and on request of an 
 interested person, a person having custody of a will of the 
 testator shall deliver it with reasonable promptness to an 
 appropriate court.  A person who willfully fails to deliver a 
 will is liable to any person aggrieved for any damages that may 
 be sustained by the failure.  A person who willfully refuses or 
 fails to deliver a will after being ordered by the court in a 
 proceeding brought for the purpose of compelling delivery is 
 subject to penalty for contempt of court. 

    HIST: 1994 c 472 s 46 

     524.2-517 Penalty clause for contest. 

    A provision in a will purporting to penalize an interested 
 person for contesting the will or instituting other proceedings 
 relating to the estate is unenforceable if probable cause exists 
 for instituting proceedings. 

    HIST: 1994 c 472 s 47 

     524.2-601 Scope. 

    In the absence of a finding of a contrary intention, the 
 rules of construction in this part control the construction of a 
 will. 

    HIST: 1994 c 472 s 48 

     524.2-602 Will may pass all property and after-acquired 
  property. 

    A will may provide for the passage of all property the 
 testator owns at death and all property acquired by the estate 
 after the testator's death. 

    HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 49 

     524.2-603 Antilapse; deceased devisee; class gifts. 

    (a)    Definitions.  In this section: 

    (1) "Alternative devise" means a devise that is expressly 
 created by the will and, under the terms of the will, can take 
 effect instead of another devise on the happening of one or more 
 events, including survival of the testator or failure to survive 
 the testator, whether an event is expressed in 
 condition-precedent, condition-subsequent, or any other form.  A 
 residuary clause constitutes an alternative devise with respect 
 to a nonresiduary devise only if the will specifically provides 
 that, upon lapse or failure, the nonresiduary devise, or 
 nonresiduary devises in general, pass under the residuary clause.

    (2) "Class member" includes an individual who fails to 
 survive the testator but who would have taken under a devise in 
 the form of a class gift by surviving the testator. 

    (3) "Devise" includes an alternative devise, a devise in 
 the form of a class gift, and an exercise of a power of 
 appointment. 

    (4) "Devisee" includes (i) a class member if the devise is 
 in the form of a class gift, (ii) an individual or class member 
 who was deceased at the time the testator's will was executed as 
 well as an individual or class member who was then living but 
 who failed to survive the testator, and (iii) an appointee under 
 a power of appointment exercised by the testator's will. 

    (5) "Surviving devisee" or "surviving descendant" means a 
 devisee or a descendant who neither predeceased the testator nor 
 is deemed to have predeceased the testator under section 
 524.2-702. 

    (6) "Testator" includes the donee of a power of appointment 
 if the power is exercised in the testator's will. 

    (b)    Substitute gift.  If a devisee fails to survive 
 the testator and is a grandparent or a descendant of a 
 grandparent of either the testator or the donor of a power of 
 appointment exercised by the testator's will, the following 
 apply: 

    (1) Except as provided in paragraph (4), if the devise is 
 not in the form of a class gift and the deceased devisee leaves 
 surviving descendants, a substitute gift is created in the 
 devisee's surviving descendants.  They take by representation 
 the property to which the devisee would have been entitled had 
 the devisee survived the testator. 

    (2) Except as provided in paragraph (4), if the devise is 
 in the form of a class gift, other than a devise to "issue," 
 "descendants," "heirs of the body," "heirs," "next of kin," 
 "relatives," or "family," or a class described by language of 
 similar import, a substitute gift is created in the surviving 
 descendants of any deceased devisee.  The property to which the 
 devisees would have been entitled had all of them survived the 
 testator passes to the surviving devisees and the surviving 
 descendants of the deceased devisees.  Each surviving devisee 
 takes the share to which each would have been entitled had the 
 deceased devisees survived the testator.  Each deceased 
 devisee's surviving descendants who are substituted for the 
 deceased devisee take by representation the share to which the 
 deceased devisee would have been entitled had the deceased 
 devisee survived the testator.  For the purposes of this 
 paragraph, "deceased devisee" means a class member who failed to 
 survive the testator and left one or more surviving descendants. 

    (3) For the purpose of section 524.2-601, words of 
 survivorship, such as in a devise to an individual "if he 
 survives me," or in a devise to "my children who survive me," 
 are a sufficient indication of an intent contrary to the 
 application of this section. 

    (4) If the will creates an alternative devise with respect 
 to a devise for which a substitute gift is created by clause (1) 
 or (2), the substitute gift is superseded by the alternative 
 devise only if an expressly designated devisee of the 
 alternative devise is entitled to take under the will. 

    (c)    More than one substitute gift; which one takes.  
 If, under paragraph (b), substitute gifts are created and not 
 superseded with respect to more than one devise and the devises 
 are alternative devises, one to the other, the determination of 
 which of the substitute gifts takes effect is resolved as 
 follows: 

    (1) Except as provided in clause (2), the devised property 
 passes under the primary substitute gift. 

    (2) If there is a younger-generation devise, the devised 
 property passes under the younger-generation substitute gift and 
 not under the primary substitute gift. 

    (3) In this paragraph: 

    (i) "Primary devise" means the devise that would have taken 
 effect had all the deceased devisees of the alternative devises 
 who left surviving descendants survived the testator. 

    (ii) "Primary substitute gift" means the substitute gift 
 created with respect to the primary devise. 

    (iii) "Younger-generation devise" means a devise that (A) 
 is to a descendant of a devisee of the primary devise, (B) is an 
 alternative devise with respect to the primary devise, (C) is a 
 devise for which a substitute gift is created, and (D) would 
 have taken effect had all the deceased devisees who left 
 surviving descendants survived the testator except the deceased 
 devisee or devisees of the primary devise. 

    (iv) "Younger-generation substitute gift" means the 
 substitute gift created with respect to the younger-generation 
 devise. 

    HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 50 

     524.2-604 Failure of testamentary provision. 

    (a) Except as provided in section 524.2-603, a devise, 
 other than a residuary devise, that fails for any reason becomes 
 a part of the residue. 

    (b) Except as provided in section 524.2-603, if the residue 
 is devised to two or more persons, the share of a residuary 
 devisee that fails for any reason passes to the other residuary 
 devisee, or to other residuary devisees in proportion to the 
 interest of each in the remaining part of the residue. 

    HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 51 

     524.2-605 Increase in securities; accessions. 

    (a) If a testator executes a will that devises securities 
 and the testator then owned securities that meet the description 
 in the will, the devise includes additional securities owned by 
 the testator at death to the extent the additional securities 
 were acquired by the testator after the will was executed as a 
 result of the testator's ownership of the described securities 
 and are securities of any of the following types: 

    (1) securities of the same organization acquired by reason 
 of action initiated by the organization or any successor, 
 related, or acquiring organization, excluding any acquired by 
 exercise of purchase options; 

    (2) securities of another organization acquired as a result 
 of a merger, consolidation, reorganization, or other 
 distribution by the organization or any successor, related, or 
 acquiring organization; or 

    (3) securities of the same organization acquired as a 
 result of a plan of reinvestment. 

    (b) Distributions in cash before death with respect to a 
 described security are not part of the devise. 

    HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 52 

     524.2-606 Nonademption of specific devises; unpaid 
  proceeds of sale, condemnation, or insurance; sale by 
  conservator or guardian. 

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

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

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

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

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

    (b) If specifically devised property is sold or mortgaged 
 by a conservator or guardian or by an agent acting within the 
 authority of a durable power of attorney for an incapacitated 
 principal, or if a condemnation award, insurance proceeds, or 
 recovery for injury to the property are paid to a conservator or 
 guardian or to an agent acting within the authority of a durable 
 power of attorney for an incapacitated principal, the specific 
 devisee has the right to a general pecuniary devise equal to the 
 net sale price, the amount of the unpaid loan, the condemnation 
 award, the insurance proceeds, or the recovery. 

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

    (d) For the purposes of the references in paragraph (b) to 
 a conservator or guardian or an agent acting within the 
 authority of a durable power of attorney, paragraph (b) does not 
 apply if after the sale, mortgage, condemnation, casualty, or 
 recovery; 

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

    (2) in the case of an agent acting within the authority of 
 a durable power of attorney, the testator's incapacity ceased 
 and the testator survived for one year after the incapacity 
 ceased.  

    (e) For the purposes of the references in paragraph (b) to 
 an agent acting within the authority of a durable power of 
 attorney for an incapacitated principal, (i) "incapacitated 
 principal" means a principal who is an incapacitated person as 
 defined in section 525.54, subdivision 3, and (ii) a finding of 
 the principal's incapacity need not occur during the principal's 
 life.  

    HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 53; 1997 c 9 s 
 8 

     524.2-607 Nonexoneration. 

    A specific devise passes subject to any mortgage or 
 security interest existing at the date of death, without right 
 of exoneration, regardless of a general directive in the will to 
 pay debts. 

    HIST: 1975 c 347 s 22; 1994 c 472 s 54 

     524.2-608 Exercise of power of appointment. 

    A general residuary clause in a will, or a will making 
 general disposition of all of the testator's property, does not 
 exercise a power of appointment held by the testator unless the 
 testator's will manifests an intention to include property 
 subject to the power. 

    HIST: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 55 

     524.2-609 Ademption by satisfaction. 

    (a) Property a testator, while living, gave to a person is 
 treated as a satisfaction of a devise in whole or in part, only 
 if (i) the will provides for deduction of the gift, (ii) the 
 testator declared in a contemporaneous writing that the gift is 
 in satisfaction of the devise or that its value is to be 
 deducted from the value of the devise, or (iii) the devisee 
 acknowledged in writing that the gift is in satisfaction of the 
 devise or that its value is to be deducted from the value of the 
 devise. 

    (b) For purposes of partial satisfaction, property given 
 during lifetime is valued as of the time the devisee came into 
 possession or enjoyment of the property or at the testator's 
 death, whichever occurs first. 

    (c) If the devisee fails to survive the testator, the gift 
 is treated as a full or partial satisfaction of the devise, as 
 appropriate, in applying sections 524.2-603 and 524.2-604, 
 unless the testator's contemporaneous writing provides otherwise.

    HIST: 1975 c 347 s 22; 1994 c 472 s 56 

  524.2-610 Repealed, 1994 c 472 s 64 

  524.2-612 Repealed, 1994 c 472 s 64 

     524.2-701 Scope. 

    In the absence of a finding of a contrary intention, the 
 rules of construction in this part control the construction of a 
 governing instrument.  The rules of construction in this part 
 apply to a governing instrument of any type, except as the 
 application of a particular section is limited by its terms to a 
 specific type or types of provision or governing instrument. 

    HIST: 1975 c 347 s 22; 1994 c 472 s 57 

     524.2-702 Uniform Simultaneous Death Act.  

    Subdivision 1.    Title.  Where the title to property 
 or the devolution thereof depends upon priority of death and 
 there is no sufficient evidence that the persons have died 
 otherwise than simultaneously, the property of each person shall 
 be disposed of as if the person had survived, except as provided 
 otherwise in this section.  

    Subd. 2.    Division of property.  Where two or more 
 beneficiaries are designated to take successively by reason of 
 survivorship under another person's disposition of property and 
 there is no sufficient evidence that these beneficiaries have 
 died otherwise than simultaneously the property thus disposed of 
 shall be divided into as many equal portions as there are 
 successive beneficiaries and these portions shall be distributed 
 respectively to those who would have taken in the event that 
 each designated beneficiary had survived.  

    Subd. 3.    Division of property.  Where there is no 
 sufficient evidence that two joint tenants or tenants by the 
 entirety have died otherwise than simultaneously the property so 
 held shall be distributed one-half as if one had survived and 
 one-half as if the other had survived.  If there are more than 
 two joint tenants and all of them have so died the property thus 
 distributed shall be in the proportion that one bears to the 
 whole number of joint tenants.  

    Subd. 4.    Division of property.  Where the insured 
 and the beneficiary in a policy of life or accident insurance 
 have died and there is no sufficient evidence that they have 
 died otherwise than simultaneously the proceeds of the policy 
 shall be distributed as if the insured had survived the 
 beneficiary.  

    Subd. 5.    Not retroactive.  This section shall not 
 apply to the distribution of the property of a person who has 
 died before it takes effect.  

    Subd. 6.    Application.  This section shall not apply 
 in the case of wills, living trusts, deeds, or contracts of 
 insurance wherein provision has been made for distribution of 
 property different from the provisions of this section.  

    Subd. 7.    Citation.  This section may be cited as the 
 Uniform Simultaneous Death Act.  

    HIST: 1943 c 248 s 1-7; 1986 c 444; 1994 c 472 s 63 

     524.2-703 Choice of law as to meaning and effect of 
  governing instrument. 

    The meaning and legal effect of a governing instrument is 
 determined by the local law of the state selected in the 
 governing instrument, unless the application of that law is 
 contrary to the provisions relating to the elective share 
 described in part 2, the provisions relating to exempt property 
 and allowances described in part 4, or any other public policy 
 of this state otherwise applicable to the disposition. 

    HIST: 1994 c 472 s 58 

     524.2-704 Power of appointment; meaning of specific 
  reference requirement. 

    If a governing instrument creating a power of appointment 
 expressly requires that the power be exercised by a reference, 
 an express reference, or a specific reference, to the power or 
 its source, it is presumed that the donor's intention, in 
 requiring that the donee exercise the power by making reference 
 to the particular power or to the creating instrument, was to 
 prevent an inadvertent exercise of the power and an attempt to 
 exercise the power by a donee who had knowledge of and intended 
 to exercise the power is effective. 

    HIST: 1994 c 472 s 59 

     524.2-705 Class gifts construed to accord with intestate 
  succession. 

    Adopted individuals and individuals born out of wedlock, 
 and their respective descendants if appropriate to the class, 
 are included in class gifts and other terms of relationship in 
 accordance with the rules for intestate succession.  Terms of 
 relationship that do not differentiate relationships by blood 
 from those by affinity, such as "uncles," "aunts," "nieces," or 
 "nephews," are presumed to exclude relatives by affinity.  Terms 
 of relationship that do not differentiate relationships by the 
 half blood from those by the whole blood, such as "brothers," 
 "sisters," "nieces," or "nephews," are presumed to include both 
 types of relationships. 

    HIST: 1994 c 472 s 60 

     524.2-708 Class gifts to "descendants," "issue," or 
  "heirs of the body"; form of distribution if none specified. 

    If a class gift in favor of "descendants," "issue," or 
 "heirs of the body" does not specify the manner in which the 
 property is to be distributed among the class members, the 
 property is distributed among the class members who are living 
 when the interest is to take effect in possession or enjoyment, 
 in such shares as they would receive, under the applicable law 
 of intestate succession, if the designated ancestor had then 
 died intestate owning the subject matter of the class gift. 

    HIST: 1994 c 472 s 61 

     524.2-709 Representation; per stirpes; per capita at 
  each generation. 

    (a)    Definitions.  In this section: 

    (1) "Deceased child" or "deceased descendant" means a child 
 or a descendant who either predeceased the distribution date or 
 is deemed to have predeceased the distribution date under 
 section 524.2-702. 

    (2) "Distribution date," with respect to an interest, means 
 the time when the interest is to take effect in possession or 
 enjoyment.  The distribution date need not occur at the 
 beginning or end of a calendar day, but can occur at a time 
 during the course of a day. 

    (3) "Surviving ancestor," "surviving child," or "surviving 
 descendant" means an ancestor, a child, or a descendant who 
 neither predeceased the distribution date nor is deemed to have 
 predeceased the distribution date under section 524.2-702. 

    (b)    Representation; per stirpes.  If an applicable 
 statute or governing instrument calls for property to be 
 distributed by "representation" or "per stirpes," the property 
 is divided into as many equal shares as there are (i) surviving 
 children of the designated ancestor and (ii) deceased children 
 who left surviving descendants.  Each surviving child, if any, 
 is allocated one share.  The share of each deceased child with 
 surviving descendants is divided in the same manner, with 
 subdivision repeating at each succeeding generation until the 
 property is fully allocated among surviving descendants. 

    (c)    Per capita at each generation.  If a governing 
 instrument calls for property to be distributed "per capita at 
 each generation," the property is divided into as many equal 
 shares as there are (i) surviving descendants in the generation 
 nearest to the designated ancestor which contains one or more 
 surviving descendants and (ii) deceased descendants in the same 
 generation who left surviving descendants, if any.  Each 
 surviving descendant in the nearest generation is allocated one 
 share.  The remaining shares, if any, are combined and then 
 divided in the same manner among the surviving descendants of 
 the deceased descendants as if the surviving descendants who 
 were allocated a share and their surviving descendants had 
 predeceased the distribution date. 

    (d)    Deceased descendant with no surviving descendant 
 disregarded.  For the purposes of paragraphs (b) and (c), an 
 individual who is deceased and left no surviving descendant is 
 disregarded, and an individual who leaves a surviving ancestor 
 who is a descendant of the designated ancestor is not entitled 
 to a share. 

    HIST: 1994 c 472 s 62 

     524.2-711 Future interests in "heirs," "heirs at law," 
  or "next of kin." 

    If a governing instrument calls for a future distribution 
 to or creates a future interest in a designated individual's 
 "heirs," "heirs at law," or "next of kin," the property passes 
 to those persons, including the state of Minnesota under section 
 524.2-105, and in such shares as would succeed to the designated 
 individual's intestate estate under the laws of intestate 
 succession of the state of Minnesota if the designated 
 individual died when the disposition is to take effect in 
 possession or enjoyment.  If the designated individual's 
 surviving spouse is living at the time the disposition is to 
 take effect in possession or enjoyment, the surviving spouse is 
 an heir of the designated individual for the purposes of this 
 section, whether or not the surviving spouse is remarried. 

    HIST: 1997 c 9 s 9 

     524.2-802 Effect of dissolution of marriage, annulment, 
  and decree of separation.  

    A person whose marriage to the decedent has been dissolved 
 or annulled is not a surviving spouse unless, by virtue of a 
 subsequent marriage, the person is married to the decedent at 
 the time of death.  A decree of separation which does not 
 terminate the status of husband and wife is not a dissolution of 
 marriage for purposes of this section.  

    HIST: 1975 c 347 s 22; 1986 c 444 

     524.2-803 Effect of homicide on intestate succession, 
  wills, joint assets, life insurance and beneficiary designations.

    (a) A surviving spouse, heir or devisee who feloniously and 
 intentionally kills the decedent is not entitled to any benefits 
 under the will or under this article, including an intestate 
 share, an elective share, an omitted spouse's or child's share, 
 homestead, exempt property, and a family allowance, and the 
 estate of decedent passes as if the killer had predeceased the 
 decedent.  Property appointed by the will of the decedent to or 
 for the benefit of the killer passes as if the killer had 
 predeceased the decedent. 

    (b) Any joint tenant who feloniously and intentionally 
 kills another joint tenant thereby effects a severance of the 
 interest of the decedent so that the share of the decedent 
 passes as the decedent's property and the killer has no rights 
 by survivorship.  This provision applies to joint tenancies in 
 real and personal property, joint accounts in banks, savings 
 associations, credit unions and other institutions, and any 
 other form of coownership with survivorship incidents. 

    (c) A named beneficiary of a bond or other contractual 
 arrangement who feloniously and intentionally kills the 
 principal obligee is not entitled to any benefit under the bond 
 or other contractual arrangement and it becomes payable as 
 though the killer had predeceased the decedent.  

    (d) A named beneficiary of a life insurance policy who 
 feloniously and intentionally kills the person upon whose life 
 the policy is issued is not entitled to any benefit under the 
 policy and the proceeds of the policy shall be paid and 
 distributed by order of the court as hereinafter provided.  If a 
 person who feloniously and intentionally kills a person upon 
 whose life a life insurance policy is issued is a beneficial 
 owner as shareholder, partner or beneficiary of a corporation, 
 partnership, trust or association which is the named beneficiary 
 of the life insurance policy, to the extent of the killer's 
 beneficial ownership of the corporation, partnership, trust or 
 association, the proceeds of the policy shall be paid and 
 distributed by order of the court as hereinafter provided.  

    Upon receipt of written notice by the insurance company at 
 its home office that the insured may have been intentionally and 
 feloniously killed by one or more named beneficiaries or that 
 the insured may have been intentionally and feloniously killed 
 by one or more persons who have a beneficial ownership in a 
 corporation, partnership, trust or association, which is the 
 named beneficiary of the life insurance policy, the insurance 
 company shall, pending court order, withhold payment of the 
 policy proceeds to all beneficiaries.  In the event that the 
 notice has not been received by the insurance company before 
 payment of the policy proceeds, the insurance company shall be 
 fully and finally discharged and released from any and all 
 responsibility under the policy to the extent that the policy 
 proceeds have been paid.  

    The named beneficiary, the insurance company or any other 
 party claiming an interest in the policy proceeds may commence 
 an action in the district court to compel payment of the policy 
 proceeds.  The court may order the insurance company to pay the 
 policy proceeds to any person equitably entitled thereto, 
 including the deceased insured's spouse, children, issue, 
 parents, creditors or estate, and may order the insurance 
 company to pay the proceeds of the policy to the court pending 
 the final determination of distribution of the proceeds by the 
 court.  The insurance company, upon receipt of a court order, 
 judgment or decree ordering payment of the policy proceeds, 
 shall pay the policy proceeds according to the terms of the 
 order, and upon payment of such proceeds according to the terms 
 of the court order, shall be fully and completely discharged and 
 released from any and all responsibility for payment under the 
 policy.  

    (e) Any other acquisition of property or interest by the 
 killer shall be treated in accordance with the principles of 
 this section. 

    (f) A final judgment of conviction of felonious and 
 intentional killing is conclusive for purposes of this section.  
 In the absence of a conviction of felonious and intentional 
 killing the court may determine by a preponderance of evidence 
 whether the killing was felonious and intentional for purposes 
 of this section. 

    (g) This section does not affect the rights of any person 
 who, before rights under this section have been adjudicated, 
 purchases from the killer for value and without notice property 
 which the killer would have acquired except for this section, 
 but the killer is liable for the amount of the proceeds or the 
 value of the property.  Any insurance company, bank, or other 
 obligor making payment according to the terms of its policy or 
 obligation is not liable by reason of this section unless prior 
 to payment it has received at its home office or principal 
 address written notice of a claim under this section. 

    HIST: 1975 c 347 s 22; 1981 c 315 s 1; 1986 c 444; 1995 c 202 
 art 1 s 25; 1996 c 338 art 2 s 3 

     524.2-804 Revocation by dissolution of marriage; no 
  revocation by other changes of circumstances. 

    If after executing a will the testator's marriage is 
 dissolved or annulled, the dissolution or annulment revokes any 
 disposition or appointment of property made by the will to the 
 former spouse, any provision conferring a general or special 
 power of appointment on the former spouse, and any nomination of 
 the former spouse as executor, trustee, conservator, or 
 guardian, unless the will expressly provides otherwise.  
 Property prevented from passing to a former spouse because of 
 revocation by dissolution of marriage or annulment passes as if 
 the former spouse failed to survive the decedent, and other 
 provisions conferring some power or office on the former spouse 
 are interpreted as if the spouse failed to survive the 
 decedent.  If provisions are revoked solely by this section, 
 they are revived by testator's remarriage to the former spouse.  
 For purposes of this chapter and chapter 525, dissolution of 
 marriage includes divorce.  A decree of separation which does 
 not terminate the status of husband and wife is not a 
 dissolution of marriage for purposes of this section.  No change 
 of circumstances other than as described in this section revokes 
 a will. 

    HIST: 1995 c 130 s 13 

     524.2-1001 Definitions. 

    Subdivision 1.  For the purposes of sections 524.2-1001 to 
 524.2-1010, the terms defined in this section have the meanings 
 ascribed to them. 

    Subd. 2.  "International will" means a will executed in 
 conformity with sections 524.2-1002 to 524.2-1005. 

    Subd. 3.  "Authorized person" and "person authorized to act 
 in connection with international wills" means a person who by 
 section 524.2-1009, or by the laws of the United States 
 including members of the diplomatic and consular service of the 
 United States designated by Foreign Service Regulations, is 
 empowered to supervise the execution of international wills. 

    HIST: 1978 c 525 s 2 

     524.2-1002 International will; validity. 

    Subdivision 1.  A will is valid as regards form, 
 irrespective particularly of the place where it is made, of the 
 location of the assets and of the nationality, domicile, or 
 residence of the testator, if it is made in the form of an 
 international will complying with the requirements of sections 
 524.2-1002 to 524.2-1005. 

    Subd. 2.  The invalidity of the will as an international 
 will does not affect its formal validity as a will of another 
 kind. 

    Subd. 3.  Sections 524.2-1001 to 524.2-1010 do not apply to 
 the form of testamentary dispositions made by two or more 
 persons in one instrument. 

    HIST: 1978 c 525 s 3 

     524.2-1003 International will; requirements. 

    Subdivision 1.  The will must be made in writing.  It need 
 not be written by the testator personally.  It may be written in 
 any language, by hand or by any other means. 

    Subd. 2.  The testator shall declare in the presence of two 
 witnesses and of a person authorized to act in connection with 
 international wills that the document is the testator's will and 
 that the testator knows the contents thereof.  The testator need 
 not inform the witnesses or the authorized person of the 
 contents of the will. 

    Subd. 3.  In the presence of the witnesses and of the 
 authorized person, the testator shall sign the will or, having 
 previously signed it, shall acknowledge the signature. 

    Subd. 4.  If the testator is unable to sign, the absence of 
 the signature does not affect the validity of the international 
 will if the testator indicates the reason for the inability to 
 sign and the authorized person makes note thereof on the will. 
 In that case, it is permissible for any other person present, 
 including the authorized person or one of the witnesses, at the 
 direction of the testator, to sign the testator's name for the 
 testator if the authorized person makes note of this on the 
 will, but it is not required that any person sign the testator's 
 name for the testator. 

    Subd. 5.  The witnesses and the authorized person shall 
 there and then attest the will by signing in the presence of the 
 testator. 

    HIST: 1978 c 525 s 4; 1986 c 444 

     524.2-1004 International wills; other points of form. 

    Subdivision 1.  The signatures must be placed at the end of 
 the will.  If the will consists of several sheets, each sheet 
 must be signed by the testator or, if the testator is unable to 
 sign, by the person signing on the testator's behalf or, if 
 there is no such person, by the authorized person.  In addition, 
 each sheet must be numbered. 

    Subd. 2.  The date of the will must be the date of its 
 signature by the authorized person.  That date must be noted at 
 the end of the will by the authorized person. 

    Subd. 3.  The authorized person shall ask whether the 
 testator wishes to make a declaration concerning the safekeeping 
 of the will.  If so and at the express request of the testator, 
 the place where the testator intends to have the will kept must 
 be mentioned in the certificate provided for in section 
 524.2-1005. 

    Subd. 4.  A will executed in compliance with section 
 524.2-1003 is not invalid merely because it does not comply with 
 this section. 

    HIST: 1978 c 525 s 5; 1986 c 444 

     524.2-1005 International will; certificate. 

    The authorized person shall sign and attach to the will a 
 certificate establishing that the requirements of sections 
 524.2-1002 to 524.2-1005 for valid execution of an international 
 will have been fulfilled.  The authorized person shall keep a 
 copy of the certificate and deliver another to the testator.  
 The certificate must be substantially in the following form: 

                           CERTIFICATE 
                 (Convention of October 26, 1973) 

    1.  I, .............. (name, address, and capacity), 

    a person authorized to act in connection with 

    international wills, 

    2.  certify that on ....... (date) 

    at..................(place) 

    3.  (testator) .............................(name, 

    address, date and place of birth) in my 

    presence and that of the witnesses 

    4.  (a) ...............(name, address, date and 

    place of birth) 

    (b) ...............(name, address, date and 

    place of birth) 

    has declared that the attached document is his/her will 

    and that ..he knows the contents thereof. 

    5.  I furthermore certify that: 

    6.  (a) in my presence and in that of the witnesses 

    (1) the testator has signed the will or has 

    acknowledged his/her signature previously affixed. 

    *(2) following a declaration of the testator stating 

    that the testator was unable to sign the will 

    for the following 

    reason................................., 

    I have mentioned this declaration on the will, 

    *and the signature has been affixed 

    by..................... 

    (name and address) 

    7.  (b) the witnesses and I have signed the will; 

    8.  *(c) each page of the will has been signed 

    by ................ and numbered; 

    9.  (d) I have satisfied myself as to the identity 

    of the testator and of the witnesses as 

    designated above; 

    10.  (e) the witnesses met the conditions requisite 

    to act as such according to the law under which 

    I am acting; 

    11.  *(f) the testator has requested me to include 

    the following 

    statement concerning the safekeeping of the will: 

    .................................................... 

    12. ..............................PLACE OF EXECUTION 

    13. ..............................DATE 

    14. ..............................SIGNATURE 

    and, if necessary, SEAL........ 

    *to be completed if appropriate 

    HIST: 1978 c 525 s 6; 1986 c 444 

     524.2-1006 International will; effect of certificate. 

    In the absence of evidence to the contrary, the certificate 
 of the authorized person is conclusive of the formal validity of 
 the instrument as a will under sections 524.2-1001 to 
 524.2-1010.  The absence or irregularity of a certificate does 
 not affect the formal validity of a will under sections 
 524.2-1001 to 524.2-1010. 

    HIST: 1978 c 525 s 7 

     524.2-1007 International will; revocation. 

    An international will is subject to the ordinary rules of 
 revocation of wills. 

    HIST: 1978 c 525 s 8 

     524.2-1008 Source and construction. 

    Sections 524.2-1001 to 524.2-1007 derive from Annex to 
 Convention of October 26, 1973, Providing a Uniform Law on the 
 Form of an International Will.  In interpreting and applying 
 sections 524.2-1001 to 524.2-1007, regard shall be had to its 
 international origin and to the need for uniformity in its 
 interpretation. 

    HIST: 1978 c 525 s 9 

     524.2-1009 Persons authorized to act in relation to 
  international will; eligibility; recognition by authorizing 
  agency. 

    Individuals who have been admitted to practice law before 
 the courts of this state and are currently licensed so to do are 
 authorized persons in relation to international wills. 

    HIST: 1978 c 525 s 10 

     524.2-1010 International will information registration. 

    Subdivision 1.  The secretary of state shall establish a 
 registry system by which authorized persons may register, in a 
 central information center, information regarding the execution 
 of international wills.  The information shall be private until 
 the death of the testator, after which date it shall be 
 available to any person desiring information about any will who 
 presents a death certificate or other satisfactory evidence of 
 the testator's death to the secretary of state. 

    Subd. 2.  The secretary of state, at the request of the 
 authorized person, may cause the information received about 
 execution of any international will to be transmitted to the 
 registry system of another jurisdiction as identified by the 
 testator, if that other system adheres to rules protecting the 
 confidentiality of the information similar to those established 
 in this state. 

    Subd. 3.  Only the following information may be received, 
 preserved and reported pursuant to this section: 

    (a) The testator's name, social security number or other 
 individual identifying number established by law; 

    (b) The testator's address and date and place of birth; and 

    (c) The intended place of deposit or safekeeping of the 
 instrument pending the death of the testator. 

    HIST: 1978 c 525 s 11; 1986 c 444 

     524.3-101 Devolution of estate at death; restrictions. 

    The power of a person to leave property by will, and the 
 rights of creditors, devisees, and heirs to the person's 
 property are subject to the restrictions and limitations 
 contained in chapters 524 and 525 to facilitate the prompt 
 settlement of estates.  Upon death, a person's real and personal 
 property devolves to the persons to whom it is devised by last 
 will or to those indicated as substitutes for them in cases 
 involving lapse, disclaimer, renunciation, or other 
 circumstances affecting the devolution of testate estates, or in 
 the absence of testamentary disposition, to the decedent's 
 heirs, or to those indicated as substitutes for them in cases 
 involving disclaimer, renunciation or other circumstances 
 affecting devolution of intestate estates, subject to the 
 provisions of sections 525.14 and 524.2-402, the allowances 
 provided for by sections 524.2-403 and 524.2-404, to the rights 
 of creditors, elective share of the surviving spouse, and to 
 administration.  

    HIST: 1974 c 442 art 3 s 524.3-101; 1975 c 347 s 23; 1986 c 
 444; 1996 c 305 art 1 s 111 

     524.3-102 Necessity of order of probate for will.  

    Except as provided in section 524.3-1201, to be effective 
 to prove the transfer of any property, to nominate an executor 
 or to exercise a power of appointment, a will must be declared 
 to be valid by an order of informal probate by the registrar, or 
 an adjudication of probate by the court in a formal proceeding 
 or proceedings to determine descent, except that a duly executed 
 and unrevoked will which has not been probated may be admitted 
 as evidence of a devise if (1) no court proceeding concerning 
 the succession or administration of the estate has occurred, and 
 (2) either the devisee or the devisee's successors and assigns 
 possessed the property devised in accordance with the provisions 
 of the will, or the property devised was not possessed or 
 claimed by anyone by virtue of the decedent's title during the 
 time period for testacy proceedings.  

    HIST: 1974 c 442 art 3 s 524.3-102; 1975 c 347 s 24; 1986 c 
 444 

     524.3-103 Necessity of appointment for administration.  

    Except as otherwise provided in article 4, to acquire the 
 powers and undertake the duties and liabilities of a personal 
 representative of a decedent, a person must be appointed by 
 order of the court or registrar, qualify and be issued letters.  
 Administration of an estate is commenced by the issuance of 
 letters.  

    HIST: 1974 c 442 art 3 s 524.3-103 

     524.3-104 Claims against decedent; necessity of 
  administration.  

    No proceeding to enforce a claim against the estate of a 
 decedent or the decedent's successors may be revived or 
 commenced before the appointment of a personal representative.  
 After the appointment and until distribution, all proceedings 
 and actions to enforce a claim against the estate are governed 
 by this article.  After distribution a creditor whose claim has 
 not been barred may recover from the distributees as provided in 
 section 524.3-1004 or from a former personal representative 
 individually liable as provided in section 524.3-1005.  This 
 section has no application to a proceeding by a secured creditor 
 of the decedent to enforce the creditor's right to the security 
 except as to any deficiency judgment which might be sought 
 therein.  

    HIST: 1974 c 442 art 3 s 524.3-104; 1975 c 347 s 25; 1986 c 
 444 

     524.3-105 Proceedings affecting devolution and 
  administration; jurisdiction of subject matter. 

    Any interested person in a decedent's estate may apply to 
 the registrar for determination in the informal proceedings 
 provided in this article, and may petition the court for orders 
 in formal proceedings within the court's jurisdiction including 
 but not limited to those described in this article.  Interim 
 orders approving or directing partial distributions, sale of 
 property or granting other relief may be issued by the court at 
 any time during the pendency of an administration on the 
 petition of the personal representative or any interested 
 person.  The court has exclusive jurisdiction of proceedings, to 
 determine how decedents' estates subject to the laws of this 
 state are to be administered, expended and distributed.  The 
 court has concurrent jurisdiction of any other action or 
 proceeding concerning a succession or to which an estate, 
 through a personal representative, may be a party, including 
 actions to determine title to property alleged to belong to the 
 estate, and of any action or proceeding in which property 
 distributed by a personal representative or its value is sought 
 to be subjected to rights of creditors or successors of the 
 decedent. 

    The court shall not have jurisdiction of foreclosure of 
 mechanic liens, or of any action under section 573.02.  

    HIST: 1974 c 442 art 3 s 524.3-105; 1975 c 347 s 26; 1977 c 
 154 s 1; 1978 c 525 s 12; 1979 c 132 s 1; 1980 c 439 s 29 

     524.3-106 Proceedings within the exclusive jurisdiction 
  of court; service; jurisdiction over persons.  

    In proceedings within the exclusive jurisdiction of the 
 court where notice is required by this chapter or by rule, 
 interested persons may be bound by the orders of the court in 
 respect to property in or subject to the laws of this state by 
 notice in conformity with section 524.1-401.  An order is 
 binding as to all who are given notice of the proceeding though 
 less than all interested persons are notified.  

    HIST: 1974 c 442 art 3 s 524.3-106 

     524.3-107 Scope of proceedings; proceedings independent; 
  exception.  

    Unless supervised administration as described in part 5 is 
 involved, (1) each proceeding before the court or registrar is 
 independent of any other proceeding involving the same estate; 
 (2) petitions for formal orders of the court may combine various 
 requests for relief in a single proceeding if the orders sought 
 may be finally granted without delay.  Except as required for 
 proceedings which are particularly described by other sections 
 of this article, no petition is defective because it fails to 
 embrace all matters which might then be the subject of a final 
 order; (3) proceedings for probate of wills or adjudications of 
 no will may be combined with proceedings for appointment of 
 personal representatives; and (4) a proceeding for appointment 
 of a personal representative is concluded by an order making or 
 declining the appointment.  

    HIST: 1974 c 442 art 3 s 524.3-107 

     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 three 
 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 
 three 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 three 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 (1) or (2) 
 above, 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 three-year 
 period above referred to has expired. 

    HIST: 1974 c 442 art 3 s 524.3-108; 1975 c 347 s 27; 1977 c 
 440 s 3; 1996 c 305 art 1 s 112 

     524.3-109 Statutes of limitation on decedent's cause of 
  action.  

    No statute of limitation running on a cause of action 
 belonging to a decedent which had not been barred as of the date 
 of death, shall apply to bar a cause of action surviving the 
 decedent's death sooner than one year after death.  A cause of 
 action which, but for this section, would have been barred less 
 than one year after death, is barred after one year unless 
 tolled.  

    HIST: 1974 c 442 art 3 s 524.3-109; 1975 c 347 s 28; 1986 c 
 444 

     524.3-201 Venue for first and subsequent estate 
  proceedings; location of property.  

    (a) Venue for the first informal or formal testacy or 
 appointment proceedings after a decedent's death is: 

    (1) in the county of the decedent's domicile at the time of 
 death; or 

    (2) if the decedent was not domiciled in this state, in any 
 county where property of the decedent was located at the time of 
 death.  

    (b) Venue for all subsequent proceedings within the 
 exclusive jurisdiction of the court is in the place where the 
 initial proceeding occurred, unless the initial proceeding has 
 been transferred as provided in section 524.1-303 or (c) of this 
 section.  

    (c) If the first proceeding was informal, on application of 
 an interested person and after notice to the proponent in the 
 first proceeding, the court, upon finding that venue is 
 elsewhere, may transfer the proceeding and the file to the other 
 court.  

    (d) For the purpose of aiding determinations concerning 
 location of assets which may be relevant in cases involving 
 nondomiciliaries, a debt, other than one evidenced by investment 
 or commercial paper or other instrument in favor of a 
 nondomiciliary, is located where the debtor resides or, if the 
 debtor is a person other than an individual, at the place where 
 it has its principal office.  Commercial paper, investment paper 
 and other instruments are located where the instrument is.  An 
 interest in property held in trust is located where the trustee 
 may be sued.  

    HIST: 1974 c 442 art 3 s 524.3-201; 1986 c 444 

     524.3-202 Appointment or testacy proceedings; 
  conflicting claim of domicile in another state.  

    If conflicting claims as to the domicile of a decedent are 
 made in a formal testacy or appointment proceeding commenced in 
 this state, and in a testacy or appointment proceeding after 
 notice pending at the same time in another state, the court of 
 this state must stay, dismiss, or permit suitable amendment in, 
 the proceeding here unless it is determined that the local 
 proceeding was commenced before the proceeding elsewhere.  The 
 determination of domicile in the proceeding first commenced must 
 be accepted as determinative in the proceeding in this state.  

    HIST: 1974 c 442 art 3 s 524.3-202 

     524.3-203 Priority among persons seeking appointment as 
  personal representative.  

    (a) Whether the proceedings are formal or informal, persons 
 who are not disqualified have priority for appointment in the 
 following order: 

    (1) the person with priority as determined by a probated 
 will including a person nominated by a power conferred in a 
 will; 

    (2) the surviving spouse of the decedent who is a devisee 
 of the decedent; 

    (3) other devisees of the decedent; 

    (4) the surviving spouse of the decedent; 

    (5) other heirs of the decedent; 

    (6) 45 days after the death of the decedent, any creditor.  

    (b) An objection to an appointment can be made only in 
 formal proceedings.  In case of objection the priorities stated 
 in (a) apply except that 

    (1) if the estate appears to be more than adequate to meet 
 exemptions and costs of administration but inadequate to 
 discharge anticipated unsecured claims, the court, on petition 
 of creditors, may appoint any qualified person; 

    (2) in case of objection to appointment of a person other 
 than one whose priority is determined by will by an heir or 
 devisee appearing to have a substantial interest in the estate, 
 the court may appoint a person who is acceptable to heirs and 
 devisees whose interests in the estate appear to be worth in 
 total more than half of the probable distributable value, or, in 
 default of this accord any suitable person.  

    (c) A person entitled to letters under (2) to (5) of (a) 
 above may nominate a qualified person to act as personal 
 representative. Any person aged 18 and over may renounce the 
 right to nominate or to an appointment by appropriate writing 
 filed with the court.  When two or more persons share a 
 priority, those of them who do not renounce must concur in 
 nominating another to act for them, or in applying for 
 appointment.  

    (d) Conservators of the estates of protected persons, or if 
 there is no conservator, any guardian except a guardian ad litem 
 of a minor or incapacitated person, may exercise the same right 
 to nominate, to object to another's appointment, or to 
 participate in determining the preference of a majority in 
 interest of the heirs and devisees that the protected person or 
 ward would have if qualified for appointment.  

    (e) Appointment of one who does not have priority, 
 including priority resulting from disclaimer, renunciation or 
 nomination determined pursuant to this section, may be made only 
 in formal proceedings.  Before appointing one without priority, 
 the court must determine that those having priority, although 
 given notice of the proceedings, have failed to request 
 appointment or to nominate another for appointment, and that 
 administration is necessary.  

    (f) No person is qualified to serve as a personal 
 representative who is: 

    (1) under the age of 18; 

    (2) a person whom the court finds unsuitable in formal 
 proceedings; 

    (g) A personal representative appointed by a court of the 
 decedent's domicile has priority over all other persons except 
 as provided in (b)(1) or where the decedent's will nominates 
 different persons to be personal representative in this state 
 and in the state of domicile.  The domiciliary personal 
 representative may nominate another, who shall have the same 
 priority as the domiciliary personal representative.  

    (h) This section governs priority for appointment of a 
 successor personal representative but does not apply to the 
 selection of a special administrator.  

    HIST: 1974 c 442 art 3 s 524.3-203; 1975 c 347 s 29; 1986 c 
 444 

     524.3-204 Demand for notice of order or filing 
  concerning decedent's estate.  

    Any person desiring notice of any order or filing 
 pertaining to a decedent's estate in which the person has a 
 financial or property interest, may file a demand for notice 
 with the court at any time after the death of the decedent 
 stating the name of the decedent, the nature of the interest in 
 the estate, and the demandant's address or that of the 
 demandant's attorney.  The court administrator shall mail a copy 
 of the demand to the personal representative if one has been 
 appointed.  After filing of a demand, no personal representative 
 or other person shall apply to the court for an order or filing 
 to which the demand relates unless demandant or the demandant's 
 attorney is given notice thereof at least 14 days before the 
 date of such order or filing, except that this requirement shall 
 not apply to any order entered or petition filed in any formal 
 proceeding.  Such notice shall be given by delivery of a copy 
 thereof to the person being notified or by mailing a copy 
 thereof by certified, registered or ordinary first class mail 
 addressed to the person at the post office address given in the 
 demand or at the person's office or place of residence, if known.
 The court for good cause shown may provide for a different 
 method or time of giving such notice and proof thereof shall be 
 made on or before the making or acceptance of such order or 
 filing and filed in the proceeding.  The validity of an order 
 which is issued or filing which is accepted without compliance 
 with this requirement shall not be affected by the error, but 
 the petitioner receiving the order or the person making the 
 filing may be liable for any damage caused by the absence of 
 notice.  The requirement of notice arising from a demand under 
 this provision may be waived in writing by the demandant and 
 shall cease upon the termination of the demandant's interest in 
 the estate.  

    HIST: 1974 c 442 art 3 s 524.3-204; 1975 c 347 s 30; 1986 c 
 444; 1Sp1986 c 3 art 1 s 82 

     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, social security number, 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 
 (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 three years or 
 less have passed since the decedent's death, or, if more than 
 three 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 (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. 

    HIST: 1974 c 442 art 3 s 524.3-301; 1975 c 347 s 31; 1976 c 
 161 s 4; 1986 c 444; 1990 c 480 art 10 s 11 

     524.3-302 Informal probate; duty of registrar; effect of 
  informal probate.  

    Upon receipt of an application requesting informal probate 
 of a will, the registrar, upon making the findings required by 
 section 524.3-303 shall issue a written statement of informal 
 probate if at least 120 hours have elapsed since the decedent's 
 death.  Informal probate is conclusive as to all persons until 
 superseded by an order in a formal testacy proceeding.  No 
 defect in the application or procedure relating thereto which 
 leads to informal probate of a will renders the probate void.  

    HIST: 1974 c 442 art 3 s 524.3-302 

     524.3-303 Informal probate; proof and findings required. 

    (a) In an informal proceeding for original probate of a 
 will, the registrar shall determine whether: 

    (1) the application is complete; 

    (2) the applicant has made oath or affirmation that the 
 statements contained in the application are true to the best of 
 the applicant's knowledge and belief; 

    (3) the applicant appears from the application to be an 
 interested person as defined in section 524.1-201, clause (19); 

    (4) on the basis of the statements in the application, 
 venue is proper; 

    (5) an original, duly executed and apparently unrevoked 
 will is in the registrar's possession; 

    (6) any notice required by section 524.3-204 has been 
 given; and 

    (7) it appears from the application that the time limit for 
 original probate has not expired. 

    (b) The application shall be denied if it indicates that a 
 personal representative has been appointed in another county of 
 this state or except as provided in subsection (d), if it 
 appears that this or another will of the decedent has been the 
 subject of a previous probate order. 

    (c) A will which appears to have the required signatures 
 and which contains an attestation clause showing that 
 requirements of execution under section 524.2-502 or 524.2-506 
 have been met shall be probated without further proof.  In other 
 cases, the registrar may assume execution if the will appears to 
 have been properly executed, or the registrar may accept a sworn 
 statement or affidavit of any person having knowledge of the 
 circumstances of execution, whether or not the person was a 
 witness to the will. 

    (d) Informal probate of a will which has been previously 
 probated elsewhere may be granted at any time upon written 
 application by any interested person, together with deposit of 
 an authenticated copy of the will and of the statement probating 
 it from the office or court where it was first probated. 

    (e) A will from a place which does not provide for probate 
 of a will after death and which is not eligible for probate 
 under subsection (a), may be probated in this state upon receipt 
 by the registrar of a duly authenticated copy of the will and a 
 duly authenticated certificate of its legal custodian that the 
 copy filed is a true copy and that the will has become operative 
 under the law of the other place. 

    HIST: 1974 c 442 art 3 s 524.3-303; 1975 c 347 s 32; 1979 c 50 
 s 68; 1986 c 444; 1992 c 423 s 3 

  524.3-304 Repealed, 1975 c 347 s 144 

     524.3-305 Informal probate; registrar not satisfied.  

    If the registrar is not satisfied that a will is entitled 
 to be probated in informal proceedings because of failure to 
 meet the requirements of section 524.3-303 or any other reason, 
 the registrar may decline the application.  A declination of 
 informal probate is not an adjudication and does not preclude 
 formal probate proceedings.  

    HIST: 1974 c 442 art 3 s 524.3-305; 1975 c 347 s 33; 1986 c 
 444 

     524.3-306 Informal probate; notice requirements. 

    The moving party must give notice as described by section 
 524.1-401 of 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 court 
 administrator 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 the 
 representative resides in this state and has filed a copy of 
 appointment with the secretary of state.  The secretary of state 
 shall forward any notice received to the appropriate consul 
 residing in Minnesota and on file with that office. 

    HIST: 1974 c 442 art 3 s 524.3-306; 1975 c 347 s 34; 1978 c 
 525 s 13; 1984 c 615 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     524.3-307 Informal appointment proceedings; delay in 
  order; duty of registrar; effect of appointment.  

    (a) Upon receipt of an application for informal appointment 
 of a personal representative other than a special administrator 
 as provided in section 524.3-614, if at least 120 hours have 
 elapsed since the decedent's death, the registrar, after making 
 the findings required by section 524.3-308, shall appoint the 
 applicant subject to qualification and acceptance; provided, 
 that if the decedent was a nonresident, the registrar shall 
 delay the order of appointment until 30 days have elapsed since 
 death unless the personal representative appointed at the 
 decedent's domicile is the applicant, or unless the decedent's 
 will directs that the estate be subject to the laws of this 
 state.  

    (b) The status of personal representative and the powers 
 and duties pertaining to the office are fully established by 
 informal appointment.  An appointment, and the office of 
 personal representative created thereby, is subject to 
 termination as provided in sections 524.3-608 to 524.3-612, but 
 is not subject to retroactive vacation.  

    HIST: 1974 c 442 art 3 s 524.3-307; 1986 c 444 

     524.3-308 Informal appointment proceedings; proof and 
  findings required. 

    (a) In informal appointment proceedings, the registrar must 
 determine whether: 

    (1) the application for informal appointment of a personal 
 representative is complete; 

    (2) the applicant has made oath or affirmation that the 
 statements contained in the application are true to the best of 
 the applicant's knowledge and belief; 

    (3) the applicant appears from the application to be an 
 interested person as defined in section 524.1-201, clause (19); 

    (4) on the basis of the statements in the application, 
 venue is proper; 

    (5) any will to which the requested appointment relates has 
 been formally or informally probated; but this requirement does 
 not apply to the appointment of a special administrator; 

    (6) any notice required by section 524.3-204 has been 
 given; 

    (7) from the statements in the application, the person 
 whose appointment is sought has a priority entitlement to the 
 appointment.  

    (b) Unless section 524.3-612 controls, the application must 
 be denied if it indicates that a personal representative who has 
 not filed a written statement of resignation as provided in 
 section 524.3-610(c) has been appointed in this or another 
 county of this state, that, unless the applicant is the 
 domiciliary personal representative or the representative's 
 nominee, the decedent was not domiciled in this state and that a 
 personal representative whose appointment has not been 
 terminated has been appointed by a court in the state of 
 domicile, or that other requirements of this section have not 
 been met. 

    HIST: 1974 c 442 art 3 s 524.3-308; 1986 c 444; 1992 c 423 s 4 

     524.3-309 Informal appointment proceedings; registrar 
  not satisfied.  

    If the registrar is not satisfied that a requested informal 
 appointment of a personal representative should be made because 
 of failure to meet the requirements of sections 524.3-307 and 
 524.3-308, or for any other reason, the registrar may decline 
 the application.  A declination of informal appointment is not 
 an adjudication and does not preclude appointment in formal 
 proceedings.  

    HIST: 1974 c 442 art 3 s 524.3-309; 1986 c 444 

     524.3-310 Informal appointment proceedings; notice 
  requirements. 

    The moving party must give notice as described by section 
 524.1-401 of an 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 court administrator 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 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 the representative resides in 
 this state and has filed a copy of appointment with the 
 secretary of state.  The secretary of state shall forward 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, powers, or other duties of the 
 personal representative.  

    HIST: 1974 c 442 art 3 s 524.3-310; 1975 c 347 s 35; 1978 c 
 525 s 14; 1984 c 615 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     524.3-311 Informal appointment unavailable in certain 
  cases.  

    If an application for informal appointment indicates the 
 existence of a possible unrevoked will or codicil which may 
 relate to property subject to the laws of this state, and which 
 is not filed for probate in this court, the registrar shall 
 decline the application.  

    HIST: 1974 c 442 art 3 s 524.3-311; 1975 c 347 s 36 

     524.3-401 Formal testacy proceedings; nature; when 
  commenced.  

    A formal testacy proceeding is one conducted with notice to 
 interested persons before a court to establish a will or 
 determine intestacy.  A formal testacy proceeding may be 
 commenced by an interested person or a personal representative 
 named in the will filing a petition as described in section 
 524.3-402(a) in which it is requested that the court, after 
 notice and hearing, enter an order probating a will, or a 
 petition to set aside an informal probate of a will or to 
 prevent informal probate of a will which is the subject of a 
 pending application, or a petition in accordance with section 
 524.3-402(b) for an order that the decedent died intestate.  

    A petition may seek formal probate of a will without regard 
 to whether the same or a conflicting will has been informally 
 probated.  A formal testacy proceeding may, but need not, 
 involve a request for appointment of a personal representative.  

    During the pendency of a formal testacy proceeding, the 
 registrar shall not act upon any application for informal 
 probate of any will of the decedent or any application for 
 informal appointment of a personal representative of the 
 decedent.  

    Unless a petition in a formal testacy proceeding also 
 requests confirmation of the previous informal appointment, a 
 previously appointed personal representative, after receipt of 
 notice of the commencement of a formal probate proceeding, shall 
 refrain from exercising power to make any further distribution 
 of the estate during the pendency of the formal proceeding.  A 
 petitioner who seeks the appointment of a different personal 
 representative in a formal proceeding also may request an order 
 restraining the acting personal representative from exercising 
 any of the powers of office and requesting the appointment of a 
 special administrator.  In the absence of a request, or if the 
 request is denied, the commencement of a formal proceeding has 
 no effect on the powers and duties of a previously appointed 
 personal representative other than those relating to 
 distribution.  

    HIST: 1974 c 442 art 3 s 524.3-401; 1975 c 347 s 37; 1986 c 
 444 

     524.3-402 Formal testacy or appointment proceedings; 
  petition; contents.  

    (a) Petitions for formal probate of a will, or for 
 adjudication of intestacy with or without request for 
 appointment of a personal representative, shall be directed to 
 the court, request a judicial order after notice and hearing and 
 contain further statements as indicated in this section.  A 
 petition for formal probate of a will 

    (1) requests an order as to the testacy of the decedent in 
 relation to a particular instrument which may or may not have 
 been informally probated and determining the heirs, 

    (2) contains the statements required for informal 
 applications as stated in the five subparagraphs under section 
 524.3-301(1), the statements required by subparagraphs (ii) and 
 (iii) of section 524.3-301(2), and 

    (3) states whether the original of the last will of the 
 decedent is in the possession of the court or accompanies the 
 petition.  

    If the original will is neither in the possession of the 
 court nor accompanies the petition and no authenticated copy of 
 a will probated in another jurisdiction accompanies the 
 petition, the petition also shall state the contents of the 
 will, and indicate that it is lost, destroyed, or otherwise 
 unavailable.  

    (b) A petition for adjudication of intestacy and 
 appointment of an administrator in intestacy shall request a 
 judicial finding and order that the decedent left no will and 
 determining the heirs, contain the statements required by (1) 
 and (4) of section 524.3-301 and indicate whether supervised 
 administration is sought.  A petition may request an order 
 determining intestacy and heirs without requesting the 
 appointment of an administrator, in which case, the statements 
 required by subparagraph (ii) of section 524.3-301(4) may be 
 omitted.  

    HIST: 1974 c 442 art 3 s 524.3-402; 1975 c 347 s 38 

     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.  The petitioner, 
 having reason to believe that the will has been lost or 
 destroyed, 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 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 court administrator 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 has heirs 
 or devisees in a foreign country, notice of a formal testacy 
 proceeding shall be given to the consul of that country, if the 
 consul resides in this state and has filed a copy of the 
 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. 

    HIST: 1974 c 442 art 3 s 524.3-403; 1975 c 347 s 39; 1981 c 
 161 s 1; 1984 c 615 s 3; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     524.3-404 Formal testacy proceedings; written objections 
  to probate.  

    Any party to a formal proceeding who opposes the probate of 
 a will for any reason shall state in pleadings the objections to 
 probate of the will.  

    HIST: 1974 c 442 art 3 s 524.3-404; 1986 c 444 

     524.3-405 Formal testacy proceedings; uncontested cases; 
  hearings and proof. 

    If a petition in a testacy proceeding is unopposed, the 
 court may order probate or intestacy on the strength of the 
 pleadings if satisfied that the conditions of section 524.3-409 
 have been met, or conduct a hearing in open court and require 
 proof of the matters necessary to support the order sought.  If 
 evidence concerning execution of the will is necessary, the 
 affidavit or testimony of one of any attesting witnesses to the 
 instrument is sufficient.  If the affidavit or testimony of an 
 attesting witness is not available, execution of the will may be 
 proved by other evidence or affidavit. 

    HIST: 1974 c 442 art 3 s 524.3-405 

     524.3-406 Formal testacy proceedings; contested cases; 
  testimony of attesting witnesses.  

    (a) If evidence concerning execution of an attested will 
 which is not self-proved is necessary in contested cases, the 
 testimony of at least one of the attesting witnesses, if within 
 the state competent and able to testify, is required.  Due 
 execution of a will may be proved by other evidence.  

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

    HIST: 1974 c 442 art 3 s 524.3-406; 1975 c 347 s 40 

     524.3-407 Formal testacy proceedings; burdens in 
  contested cases.  

    In contested cases, petitioners who seek to establish 
 intestacy have the burden of establishing prima facie proof of 
 death, venue and heirship.  Proponents of a will have the burden 
 of establishing prima facie proof of due execution in all cases, 
 and, if they are also petitioners, prima facie proof of death 
 and venue.  Contestants of a will have the burden of 
 establishing lack of testamentary intent or capacity, undue 
 influence, fraud, duress, mistake or revocation.  Parties have 
 the ultimate burden of persuasion as to matters with respect to 
 which they have the initial burden of proof.  If a will is 
 opposed by the petition for probate of a later will revoking the 
 former, it shall be determined first whether the later will is 
 entitled to probate, and if a will is opposed by a petition for 
 a declaration of intestacy, it shall be determined first whether 
 the will is entitled to probate.  

    HIST: 1974 c 442 art 3 s 524.3-407 

     524.3-408 Formal testacy proceedings; will construction; 
  effect of final order in another jurisdiction.  

    A final order of a court of another state determining 
 testacy, the validity or construction of a will, made in a 
 proceeding involving notice to and an opportunity for contest by 
 all interested persons must be accepted as determinative by the 
 courts of this state if it includes, or is based upon, a finding 
 that the decedent was domiciled at death in the state where the 
 order was made.  

    HIST: 1974 c 442 art 3 s 524.3-408; 1986 c 444 

     524.3-409 Formal testacy proceedings; order; foreign 
  will.  

    After the time required for any notice has expired, upon 
 proof of notice, and after any hearing that may be necessary, if 
 the court finds that the testator is dead, venue is proper and 
 that the proceeding was commenced within the limitation 
 prescribed by section 524.3-108, it shall determine the 
 decedent's domicile at death, and decedent's heirs and state of 
 testacy.  Any will found to be valid and unrevoked shall be 
 formally probated.  Termination of any previous informal 
 appointment of a personal representative, which may be 
 appropriate in view of the relief requested and findings, is 
 governed by section 524.3-612.  A will from a place which does 
 not provide for probate of a will after death, may be proved for 
 probate in this state by a duly authenticated certificate of its 
 legal custodian that the copy introduced is a true copy and that 
 the will has become effective under the law of the other place.  

    HIST: 1974 c 442 art 3 s 524.3-409; 1975 c 347 s 41; 1986 c 
 444 

     524.3-410 Formal testacy proceedings; probate of more 
  than one instrument.  

    If two or more instruments are offered for probate before a 
 final order is entered in a formal testacy proceeding, more than 
 one instrument may be probated if neither expressly revokes the 
 other or contains provisions which work a total revocation by 
 implication.  If more than one instrument is probated, the order 
 shall indicate what provisions control in respect to the 
 nomination of an executor, if any.  The order may, but need not, 
 indicate how any provisions of a particular instrument are 
 affected by the other instrument.  After a final order in a 
 testacy proceeding has been entered, no petition for probate of 
 any other instrument of the decedent may be entertained, except 
 incident to a petition to vacate or modify a previous probate 
 order and subject to the time limits of section 524.3-412.  

    HIST: 1974 c 442 art 3 s 524.3-410 

     524.3-411 Formal testacy proceedings; partial intestacy. 

    If it becomes evident in the course of a formal testacy 
 proceeding that, though one or more instruments are entitled to 
 be probated, the decedent's estate is or may be partially 
 intestate, the court shall enter an order to that effect.  

    HIST: 1974 c 442 art 3 s 524.3-411 

     524.3-412 Formal testacy proceedings; effect of order; 
  vacation.  

    Subject to appeal and subject to vacation as provided 
 herein and in section 524.3-413, a formal testacy order under 
 sections 524.3-409 to 524.3-411, including an order that the 
 decedent left no valid will and determining heirs, is final as 
 to all persons with respect to all issues concerning the 
 decedent's estate that the court considered or might have 
 considered incident to its rendition relevant to the question of 
 whether the decedent left a valid will, and to the determination 
 of heirs, except that: 

    (1) The court shall entertain a petition for modification 
 or vacation of its order and probate of another will of the 
 decedent if it is shown that the proponents of the later-offered 
 will were unaware of its existence at the time of the earlier 
 proceeding or were unaware of the earlier proceeding and were 
 given no notice thereof, except by publication.  

    (2) If intestacy of all or part of the estate has been 
 ordered, the determination of heirs of the decedent may be 
 reconsidered if it is shown that one or more persons were 
 omitted from the determination and it is also shown that the 
 persons were unaware of their relationship to the decedent, were 
 unaware of the death or were given no notice of any proceeding 
 concerning the estate, except by publication.  

    (3) A petition for vacation under either (1) or (2) must be 
 filed prior to the earlier of the following time limits: 

    (i) If a personal representative has been appointed for the 
 estate, the time of entry of any order approving final 
 distribution of the estate, or, if the estate is closed by 
 statement, six months after the filing of the closing statement. 

    (ii) Whether or not a personal representative has been 
 appointed for the estate of the decedent, the time prescribed by 
 section 524.3-108 when it is no longer possible to initiate an 
 original proceeding to probate a will of the decedent.  

    (iii) 12 months after the entry of the order sought to be 
 vacated.  

    (4) The order originally rendered in the testacy proceeding 
 may be modified or vacated, if appropriate under the 
 circumstances, by the order of probate of the later-offered will 
 or the order redetermining heirs.  

    HIST: 1974 c 442 art 3 s 524.3-412; 1975 c 347 s 42; 1986 c 
 444 

     524.3-413 Formal testacy proceedings; vacation of order 
  for other cause and modification of orders, judgments, and 
  decrees.  

    For good cause shown, an order, judgment or decree in a 
 formal proceeding may be modified or vacated within the time 
 limits and upon the grounds stated in section 525.02, except 
 that the same may be modified to include omitted property or to 
 correct a description at any time, as hereinafter provided.  

    Whenever real or personal property or any interest therein 
 has been omitted from probate proceedings, from a deed or 
 transfer of distribution, a decree of distribution, or an order 
 for distribution, or has been incorrectly described therein, any 
 person interested in the estate or claiming an interest in such 
 property may petition the probate court of the county in which 
 such proceedings were had for a decree to determine its descent 
 and to assign it to the persons entitled thereto, or to amend 
 the deed or transfer of distribution, decree of distribution, or 
 order of distribution to include such omitted property, or to 
 correct the description, with or without notice.  No order or 
 decree of omitted property shall be entered under this section 
 until any inheritance taxes due are paid or the court finds 
 there are no taxes due.  

    HIST: 1974 c 442 art 3 s 524.3-413; 1975 c 347 s 43 

     524.3-414 Formal proceedings concerning appointment of 
  personal representative.  

    (a) A formal proceeding for adjudication regarding the 
 priority or qualification of one who is an applicant for 
 appointment as personal representative, or of one who previously 
 has been appointed personal representative in informal 
 proceedings, if an issue concerning the testacy of the decedent 
 is or may be involved, is governed by section 524.3-402, as well 
 as by this section.  In other cases, the petition shall contain 
 or adopt the statements required by section 524.3-301(1) and 
 describe the question relating to priority or qualification of 
 the personal representative which is to be resolved.  If the 
 proceeding precedes any appointment of a personal 
 representative, it shall stay any pending informal appointment 
 proceedings as well as any commenced thereafter.  If the 
 proceeding is commenced after appointment, the previously 
 appointed personal representative, after receipt of notice 
 thereof, shall refrain from exercising any power of 
 administration except as necessary to preserve the estate or 
 unless the court orders otherwise.  

    (b) After notice to interested persons, including all 
 persons interested in the administration of the estate as 
 successors under the applicable assumption concerning testacy, 
 any previously appointed personal representative and any person 
 having or claiming priority for appointment as personal 
 representative, the court shall determine who is entitled to 
 appointment under section 524.3-203, make a proper appointment 
 and, if appropriate, terminate any prior appointment found to 
 have been improper as provided in cases of removal under section 
 524.3-611.  

    HIST: 1974 c 442 art 3 s 524.3-414 

     524.3-501 Supervised administration; nature of 
  proceeding.  

    Supervised administration is a single in rem proceeding to 
 secure complete administration and settlement of a decedent's 
 estate under the continuing authority of the court which extends 
 until entry of an order approving distribution of the estate and 
 discharging the personal representative or other order 
 terminating the proceeding.  A supervised personal 
 representative is responsible to the court, as well as to the 
 interested parties, and is subject to directions concerning the 
 estate made by the court on its own motion or on the motion of 
 any interested party.  Except as otherwise provided in this 
 part, or as otherwise ordered by the court, a supervised 
 personal representative has the same duties and powers as a 
 personal representative who is not supervised.  

    HIST: 1974 c 442 art 3 s 524.3-501 

     524.3-502 Supervised administration; petition; order.  

    A petition for supervised administration may be filed by 
 any interested person or by an appointed personal representative 
 or one named in the will at any time or the prayer for 
 supervised administration may be joined with a petition in a 
 testacy or appointment proceeding.  If the testacy of the 
 decedent and the priority and qualification of any personal 
 representative have not been adjudicated previously, the 
 petition for supervised administration shall include the matters 
 required of a petition in a formal testacy proceeding and the 
 notice requirements and procedures applicable to a formal 
 testacy proceeding apply.  If not previously adjudicated, the 
 court shall adjudicate the testacy of the decedent and questions 
 relating to the priority and qualifications of the personal 
 representative in any case involving a request for supervised 
 administration, even though the request for supervised 
 administration may be denied.  After notice to interested 
 persons, the court shall order supervised administration of a 
 decedent's estate:  (1) if the decedent's will directs 
 supervised administration, it shall be ordered unless the court 
 finds that circumstances bearing on the need for supervised 
 administration have changed since the execution of the will and 
 that there is no necessity for supervised administration; (2) if 
 the decedent's will directs unsupervised administration, 
 supervised administration shall be ordered only upon a finding 
 that it is necessary for protection of persons interested in the 
 estate; or (3) in other cases if the court finds that supervised 
 administration is necessary under the circumstances.  

    HIST: 1974 c 442 art 3 s 524.3-502; 1975 c 347 s 44 

     524.3-503 Supervised administration; effect on other 
  proceedings.  

    (a) The pendency of a proceeding for supervised 
 administration of a decedent's estate stays action on any 
 informal application then pending or thereafter filed.  

    (b) If a will has been previously probated in informal 
 proceedings, the effect of the filing of a petition for 
 supervised administration is as provided for formal testacy 
 proceedings by section 524.3-401.  

    (c) After having received notice of the filing of a 
 petition for supervised administration, a personal 
 representative who has been appointed previously shall not 
 exercise the power to distribute any estate.  The filing of the 
 petition does not affect the representative's other powers and 
 duties unless the court restricts the exercise of any of them 
 pending full hearing on the petition.  

    HIST: 1974 c 442 art 3 s 524.3-503; 1986 c 444 

     524.3-504 Supervised administration; powers of personal 
  representative.  

    Unless restricted by the court, a supervised personal 
 representative has, without interim orders approving exercise of 
 a power, all powers of personal representatives under this 
 chapter, but shall not exercise the power to make any 
 distribution of the estate without prior order of the court.  
 Any other restriction on the power of a personal representative 
 which may be ordered by the court must be endorsed on the 
 letters of appointment and, unless so endorsed, is ineffective 
 as to persons dealing in good faith with the personal 
 representative.  

    HIST: 1974 c 442 art 3 s 524.3-504; 1986 c 444 

     524.3-505 Supervised administration; interim orders; 
  distribution and closing orders. 

    Unless otherwise ordered by the court, supervised 
 administration is terminated by order in accordance with time 
 restrictions, notices and contents of orders prescribed for 
 proceedings under section 524.3-1001.  Interim orders approving 
 or directing partial distributions, sale of property or granting 
 other relief may be issued by the court at any time during the 
 pendency of a supervised administration on the application of 
 the personal representative or any interested person. 

    HIST: 1974 c 442 art 3 s 524.3-505; 1976 c 161 s 5; 1980 c 439 
 s 30 

     524.3-601 Qualification.  

    Prior to receiving letters, a personal representative shall 
 qualify by filing with the appointing court any required bond 
 and an oath of office or, in the case of a corporate 
 representative, a statement of acceptance of the duties of the 
 office.  

    HIST: 1974 c 442 art 3 s 524.3-601; 1975 c 347 s 45; 1986 c 
 444 

     524.3-602 Acceptance of appointment; consent to 
  jurisdiction.  

    By accepting appointment, a personal representative submits 
 personally to the jurisdiction of the court in any proceeding 
 relating to the estate that may be instituted by any interested 
 person.  Notice of any proceeding shall be delivered to the 
 personal representative, or mailed by ordinary first class mail 
 the address listed in the application or petition for 
 appointment or thereafter reported to the court and to the 
 address as then known to the petitioner.  Service of process on 
 a nonresident personal representative appointed in Minnesota 
 shall be made pursuant to section 524.4-303.  

    HIST: 1974 c 442 art 3 s 524.3-602; 1975 c 347 s 46; 1986 c 
 444 

     524.3-603 Bond not required without court order; 
  exceptions. 

    No bond is required of a personal representative appointed 
 in informal proceedings, except (1) upon the appointment of a 
 special administrator; (2) when an executor or other personal 
 representative is appointed to administer an estate under a will 
 containing an express requirement of bond or (3) when bond is 
 required under section 524.3-605. No bond shall be required of a 
 personal representative appointed in formal proceedings (1) if 
 the will relieves the personal representative of bond, or (2) if 
 all interested persons with an apparent interest in the estate 
 in excess of $1,000, other than creditors, make a written 
 request that no bond be required, unless in either case the 
 court determines that bond is required for the protection of 
 interested persons.  The court may by its order dispense with 
 the requirement of bond at the time of appointment of a personal 
 representative appointed in formal proceedings.  No bond shall 
 be required of any personal representative who, pursuant to 
 statute, has deposited cash or collateral with an agency of this 
 state to secure performance of duties. If two or more persons 
 are appointed corepresentatives and one of them has complied 
 with the preceding sentence, no bond shall be required of any 
 such corepresentatives. 

    HIST: 1974 c 442 art 3 s 524.3-603; 1975 c 347 s 47; 1976 c 
 161 s 6; 1986 c 444 

     524.3-604 Bond amount; security; procedure; reduction.  

    If bond is required then the personal representative shall 
 file the bond with the court or give other suitable security in 
 an amount not less than the bond.  The court shall determine 
 that the bond is duly executed by a corporate surety, or one or 
 more individual sureties whose performance is secured by pledge 
 of personal property, mortgage on real property or other 
 adequate security.  The court may permit the amount of the bond 
 to be reduced by the value of assets of the estate deposited 
 with a domestic financial institution, in a manner that prevents 
 their unauthorized disposition.  The court on its own motion or 
 on petition of the personal representative or another interested 
 person may excuse a requirement of bond, increase or reduce the 
 amount of the bond, release sureties, or permit the substitution 
 of another bond with the same or different sureties.  

    HIST: 1974 c 442 art 3 s 524.3-604; 1975 c 347 s 48 

     524.3-605 Demand for bond by interested person.  

    Any person apparently having an interest in the estate 
 worth in excess of $1,000, or any creditor having a claim in 
 excess of $1,000, may make a written demand that a personal 
 representative give bond.  The demand must be filed with the 
 court and a copy mailed to the personal representative, if 
 appointment and qualification have occurred. Thereupon, the 
 court may require or excuse the requirement of a bond.  After 
 having received notice and until the filing of the bond or until 
 the requirement of bond is excused, the personal representative 
 shall refrain from exercising any powers of office except as 
 necessary to preserve the estate.  Failure of the personal 
 representative to meet a requirement of bond by giving suitable 
 bond within 30 days after receipt of notice is cause for removal 
 and appointment of a successor personal representative.  An 
 interested person who initially waived bond may demand bond 
 under this section.  

    HIST: 1974 c 442 art 3 s 524.3-605; 1975 c 347 s 49; 1986 c 
 444 

     524.3-606 Terms and conditions of bonds. 

    (a) The following requirements and provisions apply to any 
 bond required by this part: 

    (1) Bonds shall name the state as obligee for the benefit 
 of the persons interested in the estate and shall be conditioned 
 upon the faithful discharge by the fiduciary of all duties 
 according to law. 

    (2) Unless otherwise provided by the terms of the approved 
 bond, sureties are jointly and severally liable with the 
 personal representative and with each other.  The address of 
 sureties shall be stated in the bond. 

    (3) By executing an approved bond of a personal 
 representative, the surety consents to the jurisdiction of the 
 probate court which issued letters to the primary obligor in any 
 proceedings pertaining to the fiduciary duties of the personal 
 representative and naming the surety as a party.  Notice of such 
 proceeding shall be delivered to the surety or mailed by 
 registered or certified mail at the address listed with the 
 court where the bond is filed and to the address then known to 
 the petitioner. 

    (4) On petition of a successor personal representative, any 
 other personal representative of the same decedent, or any 
 interested person, a proceeding in the court may be initiated 
 against a surety for breach of the obligation of the bond of the 
 personal representative. 

    (5) The bond of the personal representative is not void 
 after the first recovery but may be proceeded against from time 
 to time until the whole penalty is exhausted. 

    (b) No action or proceeding may be commenced against the 
 surety on any matter as to which an action or proceeding against 
 the primary obligor is barred by adjudication or limitation. 

    (c) If a sole or last surviving representative is removed, 
 is disabled or dies, the court may, upon notice and hearing, 
 order the representative's surety to file a verified final 
 account and petition for complete settlement and, if proper, for 
 distribution and closing of the estate. 

    If in a proceeding under this clause the court determines 
 that the representative has mismanaged the estate, 
 misappropriated funds or committed other misconduct for which 
 the surety is liable, the court shall settle the account and 
 enter judgment against the representative and the surety as may 
 be appropriate.  The judgment may be filed, docketed and 
 enforced in the same manner as any other judgment.  This remedy 
 is in addition to any other remedy for breach of the obligations 
 of the bond. 

    HIST: 1974 c 442 art 3 s 524.3-606; 1975 c 347 s 50; 1977 c 
 154 s 2; 1986 c 444 

     524.3-607 Order restraining personal representative.  

    (a) On petition of any person who appears to have an 
 interest in the estate, the court by temporary order may 
 restrain a personal representative from performing specified 
 acts of administration, disbursement, or distribution, or 
 exercise of any powers or discharge of any duties of office, or 
 make any other order to secure proper performance of a duty, if 
 it appears to the court that the personal representative 
 otherwise may take some action which would jeopardize 
 unreasonably the interest of the applicant or of some other 
 interested person.  Persons with whom the personal 
 representative may transact business may be made parties.  

    (b) The matter shall be set for hearing within ten days 
 unless the parties otherwise agree.  Notice as the court directs 
 shall be given to the personal representative and the 
 representative's attorney of record, if any, and to any other 
 parties named defendant in the petition.  

    HIST: 1974 c 442 art 3 s 524.3-607; 1986 c 444 

     524.3-608 Termination of appointment; general.  

    Termination of appointment of a personal representative 
 occurs as indicated in sections 524.3-609 to 524.3-612, 
 inclusive.  Termination ends the right and power pertaining to 
 the office of personal representative as conferred by this 
 chapter or any will, except that a personal representative, at 
 any time prior to distribution or until restrained or enjoined 
 by court order, may perform acts necessary to protect the estate 
 and may deliver the assets to a successor representative.  
 Termination does not discharge a personal representative from 
 liability for transactions or omissions occurring before 
 termination, or relieve the representative of the duty to 
 preserve assets subject to the representative's control, to 
 account therefor and to deliver the assets.  Termination does 
 not affect the jurisdiction of the court over the personal 
 representative, but terminates the authority to represent the 
 estate in any pending or future proceeding.  

    HIST: 1974 c 442 art 3 s 524.3-608; 1986 c 444 

     524.3-609 Termination of appointment; death or 
  disability.  

    The death of a personal representative or the appointment 
 of a conservator or guardian for the estate of a personal 
 representative, terminates the personal representative's 
 appointment.  Until appointment and qualification of a successor 
 or special representative to replace the deceased or protected 
 representative, the representative of the estate of the deceased 
 or protected personal representative, if any, has the duty to 
 protect the estate possessed and being administered by the 
 deceased or protected representative at the time the appointment 
 terminates, has the power to perform acts necessary for 
 protection and shall account for and deliver the estate assets 
 to a successor or special personal representative upon 
 appointment and qualification.  

    HIST: 1974 c 442 art 3 s 524.3-609; 1975 c 347 s 51; 1986 c 
 444 

     524.3-610 Termination of appointment; voluntary.  

    (a) An appointment of a personal representative terminates 
 as provided in section 524.3-1003, one year after the filing of 
 a closing statement.  

    (b) An order closing an estate as provided in section 
 524.3-1001 or 524.3-1002 terminates an appointment of a personal 
 representative.  

    (c) A personal representative may resign the position by 
 filing a written statement of resignation with the registrar 
 after having given at least 15 days written notice to the 
 persons known to be interested in the estate.  If no one applies 
 or petitions for appointment of a successor representative 
 within the time indicated in the notice, the filed statement of 
 resignation is ineffective as a termination of appointment and 
 in any event is effective only upon the appointment and 
 qualification of a successor representative and delivery of the 
 assets to the successor.  

    HIST: 1974 c 442 art 3 s 524.3-610; 1986 c 444 

     524.3-611 Termination of appointment by removal; cause; 
  procedure. 

    (a) A person interested in the estate may petition for 
 removal of a personal representative for cause at any time.  
 Upon filing of the petition, the court shall fix a time and 
 place for hearing.  Notice shall be given by the petitioner to 
 the personal representative, and to other persons as the court 
 may order.  Except as otherwise ordered as provided in section 
 524.3-607, after receipt of notice of removal proceedings, the 
 personal representative shall not act except to account, to 
 correct maladministration or preserve the estate.  If removal is 
 ordered, the court also shall direct by order the disposition of 
 the assets remaining in the name of, or under the control of, 
 the personal representative being removed.  

    (b) Cause for removal exists when removal is in the best 
 interests of the estate, or if it is shown that a personal 
 representative or the person seeking the personal 
 representative's appointment intentionally misrepresented 
 material facts in the proceedings leading to the appointment, or 
 that the personal representative has disregarded an order of the 
 court, has become incapable of discharging the duties of office, 
 or has mismanaged the estate or failed to perform any duty 
 pertaining to the office.  In determining the best interests of 
 the estate, the personal representative's compensation and fees, 
 and administrative expenses, shall also be considered.  Unless 
 the decedent's will directs otherwise, a personal representative 
 appointed at the decedent's domicile, incident to securing 
 personal appointment or the appointment of a nominee as 
 ancillary personal representative, may obtain removal of another 
 who was appointed personal representative in this state to 
 administer local assets. 

    HIST: 1974 c 442 art 3 s 524.3-611; 1979 c 137 s 2; 1986 c 444 

     524.3-612 Termination of appointment; change of testacy 
  status.  

    Except as otherwise ordered in formal proceedings, the 
 probate of a will subsequent to the appointment of a personal 
 representative in intestacy or under a will which is superseded 
 by formal probate of another will, or the vacation of an 
 informal probate of a will subsequent to the appointment of the 
 personal representative thereunder, does not terminate the 
 appointment of the personal representative although the personal 
 representative's powers may be reduced as provided in section 
 524.3-401.  Termination occurs upon appointment in informal or 
 formal appointment proceedings of a person entitled to 
 appointment under the later assumption concerning testacy.  If 
 no request for new appointment is made within 30 days after 
 expiration of time for appeal from the order in formal testacy 
 proceedings, or from the informal probate, changing the 
 assumption concerning testacy, the previously appointed personal 
 representative upon request may be appointed personal 
 representative under the subsequently probated will, or as in 
 intestacy as the case may be.  

    HIST: 1974 c 442 art 3 s 524.3-612; 1986 c 444 

     524.3-613 Successor personal representative. 

    Upon notice, if any, as the court or registrar shall 
 require, the court upon petition and the registrar upon 
 application may appoint a personal representative to succeed one 
 whose appointment has been terminated.  After appointment and 
 qualification, a successor personal representative may be 
 substituted in all actions and proceedings to which the former 
 personal representative was a party, and no notice, process or 
 claim which was given or served upon the former personal 
 representative need be given to or served upon the successor in 
 order to preserve any position or right the person giving the 
 notice or filing the claim may thereby have obtained or 
 preserved with reference to the former personal representative.  
 Except as otherwise ordered by the court, the successor personal 
 representative has the powers and duties in respect to the 
 continued administration which the former personal 
 representative would have had if the appointment had not been 
 terminated. 

    HIST: 1974 c 442 art 3 s 524.3-613; 1977 c 155 s 1; 1986 c 444 

     524.3-614 Special administrator; appointment.  

    A special administrator may be appointed: 

    (1) informally by the registrar on the application of any 
 interested person when necessary to protect the estate of a 
 decedent prior to the appointment of a general personal 
 representative or if a prior appointment has been terminated as 
 provided in section 524.3-609; 

    (2) in a formal proceeding by order of the court on the 
 petition of any interested person and finding, after notice and 
 hearing, that appointment is necessary to preserve the estate or 
 to secure its proper administration including its administration 
 in circumstances where a general personal representative cannot 
 or should not act.  If it appears to the court that an emergency 
 exists, appointment may be ordered without notice.  

    HIST: 1974 c 442 art 3 s 524.3-614 

     524.3-615 Special administrator; who may be appointed.  

    (a) If a special administrator is to be appointed pending 
 the probate of a will which is the subject of a pending 
 application or petition for probate, the person named executor 
 in the will shall be appointed if available, and qualified.  

    (b) In other cases, any proper person may be appointed 
 special administrator.  

    HIST: 1974 c 442 art 3 s 524.3-615 

     524.3-616 Special administrator; appointed informally; 
  powers and duties.  

    A special administrator appointed by the registrar in 
 informal proceedings pursuant to section 524.3-614(1) has the 
 duty to collect and manage the assets of the estate, to preserve 
 them, to account therefor and to deliver them to the general 
 personal representative upon qualification.  The special 
 administrator has the power of a personal representative under 
 the chapter necessary to perform these duties.  

    HIST: 1974 c 442 art 3 s 524.3-616; 1986 c 444 

     524.3-617 Special administrator; formal proceedings; 
  power and duties.  

    A special administrator appointed by order of the court in 
 any formal proceeding has the power of a general personal 
 representative except as limited in the appointment and duties 
 as prescribed in the order.  The appointment may be for a 
 specified time, to perform particular acts or on other terms as 
 the court may direct.  

    HIST: 1974 c 442 art 3 s 524.3-617 

     524.3-618 Termination of appointment; special 
  administrator.  

    The appointment of a special administrator terminates in 
 accordance with the provisions of the order of appointment or on 
 the appointment of a general personal representative.  In other 
 cases, the appointment of a special administrator is subject to 
 termination as provided in sections 524.3-608 to 524.3-611.  

    HIST: 1974 c 442 art 3 s 524.3-618 

     524.3-701 Time of accrual of duties and powers.  

    The duties and powers of a personal representative commence 
 upon appointment.  The powers of a personal representative 
 relate back in time to give acts by the person appointed which 
 are beneficial to the estate occurring prior to appointment the 
 same effect as those occurring thereafter.  Prior to 
 appointment, a person named executor in a will may carry out 
 written instructions of the decedent relating to the body, 
 funeral and burial arrangements.  A personal representative may 
 ratify and accept acts on behalf of the estate done by others 
 where the acts would have been proper for a personal 
 representative.  

    HIST: 1974 c 442 art 3 s 524.3-701; 1986 c 444 

     524.3-702 Priority among different letters.  

    A person to whom general letters are issued first has 
 exclusive authority under the letters until the appointment is 
 terminated or modified.  If, through error, general letters are 
 afterwards issued to another, the first appointed representative 
 may recover any property of the estate in the hands of the 
 representative subsequently appointed, but the acts of the 
 latter done in good faith before notice of the first letters are 
 not void for want of validity of appointment.  

    HIST: 1974 c 442 art 3 s 524.3-702; 1986 c 444 

     524.3-703 General duties; relation and liability to 
  persons interested in estate; standing to sue.  

    (a) A personal representative is a fiduciary who shall 
 observe the standards of care in dealing with the estate assets 
 that would be observed by a prudent person dealing with the 
 property of another, and if the personal representative has 
 special skills or is named personal representative on a basis of 
 representation of special skills or expertise, the personal 
 representative is under a duty to use those skills.  A personal 
 representative is under a duty to settle and distribute the 
 estate of the decedent in accordance with the terms of any 
 probated and effective will and applicable law, and as 
 expeditiously and efficiently as is consistent with the best 
 interests of the estate.  The personal representative shall use 
 the authority conferred by applicable law, the terms of the 
 will, if any, and any order in proceedings to which the personal 
 representative is party for the best interests of successors to 
 the estate.  

    (b) A personal representative shall not be surcharged for 
 acts of administration or distribution if the conduct in 
 question was authorized at the time.  Subject to other 
 obligations of administration, an informally probated will is 
 authority to administer and distribute the estate according to 
 its terms.  An order of appointment of a personal 
 representative, whether issued in informal or formal 
 proceedings, is authority to distribute apparently intestate 
 assets to the heirs of the decedent if, at the time of 
 distribution, the personal representative is not aware of a 
 pending testacy proceeding, a proceeding to vacate an order 
 entered in an earlier testacy proceeding, a formal proceeding 
 questioning the appointment or fitness to continue, or a 
 supervised administration proceeding.  Nothing in this section 
 affects the duty of the personal representative to administer 
 and distribute the estate in accordance with the rights of 
 claimants, the surviving spouse, any minor and dependent 
 children and any pretermitted child of the decedent as described 
 elsewhere.  

    (c) Except as to proceedings which do not survive the death 
 of the decedent, a personal representative of a decedent 
 domiciled in this state at death has the same standing to sue 
 and be sued in the courts of this state and the courts of any 
 other jurisdiction as the decedent had immediately prior to 
 death.  

    HIST: 1974 c 442 art 3 s 524.3-703; 1975 c 347 s 52; 1986 c 
 444 

     524.3-704 Personal representative to proceed without 
  court order; exception.  

    A personal representative shall proceed expeditiously with 
 the settlement and distribution of a decedent's estate and, 
 except as otherwise specified or ordered in regard to a 
 supervised personal representative, do so without adjudication, 
 order, or direction of the court, but the personal 
 representative may invoke the jurisdiction of the court, in 
 proceedings authorized by this chapter, to resolve questions 
 concerning the estate or its administration.  

    HIST: 1974 c 442 art 3 s 524.3-704; 1986 c 444 

  524.3-705 Repealed, 1975 c 347 s 144 

     524.3-706 Duty of personal representative; inventory and 
  appraisement. 

    Within six months after appointment, or nine months after 
 the death of the decedent, whichever is later, a personal 
 representative, who is not a special administrator or a 
 successor to another representative who has previously 
 discharged this duty, shall prepare and file or mail an 
 inventory of property owned by the decedent at the time of 
 death, listing it with reasonable detail, and indicating as to 
 each listed item, its fair market value as of the date of the 
 decedent's death, and the type and amount of any encumbrance 
 that may exist with reference to any item.  

    The personal representative shall mail or deliver a copy of 
 the inventory to the surviving spouse, if there be one, to all 
 residuary distributees, and to interested persons or creditors 
 who request a copy thereof.  The personal representative need 
 not personally receive a copy as a surviving spouse or as a 
 residuary distributee.  

    HIST: 1974 c 442 art 3 s 524.3-706; 1975 c 347 s 53; 1979 c 
 303 art 3 s 32; 1982 c 529 s 1; 1986 c 444 

     524.3-707 Employment of appraisers.  

    The personal representative may employ a qualified and 
 disinterested appraiser to assist in ascertaining the fair 
 market value as of the date of the decedent's death of any asset 
 the value of which may be subject to reasonable doubt.  
 Different persons may be employed to appraise different kinds of 
 assets included in the estate.  The names and addresses of any 
 appraiser shall be indicated on the inventory with the item or 
 items appraised.  

    HIST: 1974 c 442 art 3 s 524.3-707; 1986 c 444 

     524.3-708 Duty of personal representative; supplementary 
  inventory. 

    If any property not included in the original inventory 
 comes to the knowledge of a personal representative or if the 
 personal representative learns that the value or description 
 indicated in the original inventory for any item is erroneous or 
 misleading, the personal representative shall make a 
 supplementary inventory or appraisement showing the market value 
 as of the date of the decedent's death of the new item or the 
 revised market value or descriptions, and the appraisers or 
 other data relied upon, if any, and furnish copies thereof or 
 information thereof to persons interested in the new 
 information, and file it with the court if the original 
 inventory was filed. 

    HIST: 1974 c 442 art 3 s 524.3-708; 1986 c 444; 1996 c 338 art 
 2 s 4 

     524.3-709 Duty of personal representative; possession of 
  estate.  

    Except as otherwise provided by a decedent's will, every 
 personal representative has a right to, and shall take 
 possession or control of, the decedent's property, except that 
 any real property or tangible personal property may be left with 
 or surrendered to the person presumptively entitled thereto 
 unless or until, in the judgment of the personal representative, 
 possession of the property by the personal representative will 
 be necessary for purposes of administration.  The request by a 
 personal representative for delivery of any property possessed 
 by an heir or devisee is conclusive evidence, in any action 
 against the heir or devisee for possession thereof, that the 
 possession of the property by the personal representative is 
 necessary for purposes of administration. The personal 
 representative shall pay taxes on, and take all steps reasonably 
 necessary for the management, protection and preservation of, 
 the estate in possession and may maintain an action to recover 
 possession of property or to determine the title thereto. 

    HIST: 1974 c 442 art 3 s 524.3-709; 1986 c 444 

     524.3-710 Power to avoid transfers.  

    The property liable for the payment of unsecured debts of a 
 decedent includes all property transferred by the decedent by 
 any means which is in law void or voidable as against creditors, 
 and subject to prior liens, the right to recover this property, 
 so far as necessary for the payment of unsecured debts of the 
 decedent, is exclusively in the personal representative.  

    HIST: 1974 c 442 art 3 s 524.3-710; 1986 c 444 

     524.3-711 Powers of personal representatives; in general.

    Until termination of the appointment a personal 
 representative has the same power over the title to property of 
 the estate that an absolute owner would have, in trust however, 
 for the benefit of the creditors and others interested in the 
 estate.  This power may be exercised without notice, hearing, or 
 order of court and when so exercised shall transfer good title 
 to the transferee to the same extent that decedent had title 
 thereto; provided, however, that a personal representative 
 appointed in an informal proceeding shall not be empowered to 
 sell, encumber, lease or distribute any interest in real estate 
 owned by the decedent until 30 days have passed from the date of 
 the issuance of the letters.  

    HIST: 1974 c 442 art 3 s 524.3-711; 1975 c 347 s 54; 1986 c 
 444 

     524.3-712 Improper exercise of power; breach of 
  fiduciary duty.  

    If the exercise of power concerning the estate is improper, 
 the personal representative is liable to interested persons for 
 damage or loss resulting from breach of fiduciary duty to the 
 same extent as a trustee of an express trust.  The rights of 
 purchasers and others dealing with a personal representative 
 shall be determined as provided in sections 524.3-713 and 
 524.3-714.  

    HIST: 1974 c 442 art 3 s 524.3-712; 1986 c 444 

     524.3-713 Sale, encumbrance or transaction involving 
  conflict of interest; voidable; exceptions.  

    Any sale or encumbrance to the personal representative, the 
 personal representative's spouse, agent or attorney, or any 
 corporation or trust in which the personal representative has a 
 substantial beneficial interest, or any transaction which is 
 affected by a substantial conflict of interest on the part of 
 the personal representative, is voidable by any person 
 interested in the estate except one who has consented after fair 
 disclosure, unless 

    (1) the will or a contract entered into by the decedent 
 expressly authorized the transaction; or 

    (2) the transaction is approved by the court after notice 
 to interested persons.  

    HIST: 1974 c 442 art 3 s 524.3-713; 1986 c 444 

     524.3-714 Persons dealing with personal representative; 
  protection. 

    (a) A person who in good faith either assists a personal 
 representative or deals with the personal representative for 
 value is protected as if the personal representative properly 
 exercised power.  The fact that a person knowingly deals with a 
 personal representative does not alone require the person to 
 inquire into the existence of a power or the propriety of its 
 exercise.  Except for restrictions on powers of supervised 
 personal representatives which are endorsed on letters as 
 provided in section 524.3-504, no provision in any will or order 
 of court purporting to limit the power of a personal 
 representative is effective except as to persons with actual 
 knowledge thereof.  A person is not bound to see to the proper 
 application of estate assets paid or delivered to a personal 
 representative.  The protection here expressed extends to 
 instances in which some procedural irregularity or 
 jurisdictional defect occurred in proceedings leading to the 
 issuance of letters, including a case in which the alleged 
 decedent is found to be alive. The protection here expressed is 
 not by substitution for that provided by comparable provisions 
 of the laws relating to commercial transactions and laws 
 simplifying transfers of securities by fiduciaries. 

    (b) If property is wrongfully transferred by a person 
 acting as a personal representative to a person who is not in 
 good faith, a subsequent good faith purchaser is protected as if 
 the original transferee dealt in good faith. Any purchaser in 
 good faith is protected as if all prior transfers were made in 
 good faith. 

    HIST: 1974 c 442 art 3 s 524.3-714; 1977 c 156 s 1; 1978 c 525 
 s 15; 1986 c 444 

     524.3-715 Transactions authorized for personal 
  representatives; exceptions.  

    Except as restricted or otherwise provided by the will or 
 by an order in a formal proceeding and subject to the priorities 
 stated in section 524.3-902, a personal representative, acting 
 reasonably for the benefit of the interested persons, may 
 properly: 

    (1) retain assets owned by the decedent pending 
 distribution or liquidation including those in which the 
 representative is personally interested or which are otherwise 
 improper for trust investment; 

    (2) receive assets from fiduciaries, or other sources; 

    (3) perform, compromise or refuse performance of the 
 decedent's contracts that continue as obligations of the estate, 
 as the personal representative may determine under the 
 circumstances.  In performing enforceable contracts by the 
 decedent to convey or lease land, the personal representative, 
 among other possible courses of action, may: 

    (i) execute and deliver a deed of conveyance for cash 
 payment of all sums remaining due or the purchaser's note for 
 the sum remaining due secured by a mortgage or deed of trust on 
 the land; or 

    (ii) deliver a deed in escrow with directions that the 
 proceeds, when paid in accordance with the escrow agreement, be 
 paid to the successors of the decedent, as designated in the 
 escrow agreement; 

    (4) satisfy written charitable pledges of the decedent 
 irrespective of whether the pledges constituted binding 
 obligations of the decedent or were properly presented as 
 claims, if in the judgment of the personal representative the 
 decedent would have wanted the pledges completed under the 
 circumstances; 

    (5) if funds are not needed to meet debts and expenses 
 currently payable and are not immediately distributable, deposit 
 or invest liquid assets of the estate, including moneys received 
 from the sale of other assets, in federally insured 
 interest-bearing accounts, readily marketable secured loan 
 arrangements or other prudent investments which would be 
 reasonable for use by trustees generally; 

    (6) acquire or dispose of an asset, including land in this 
 or another state, for cash or on credit, at public or private 
 sale; and manage, develop, improve, exchange, partition, change 
 the character of, or abandon an estate asset; 

    (7) make ordinary or extraordinary repairs or alterations 
 in buildings or other structures, demolish any improvements, 
 raze existing or erect new party walls or buildings; 

    (8) subdivide, develop or dedicate land to public use; make 
 or obtain the vacation of plats and adjust boundaries; or adjust 
 differences in valuation on exchange or partition by giving or 
 receiving considerations; or dedicate easements to public use 
 without consideration; 

    (9) enter for any purpose into a lease as lessor or lessee, 
 with or without option to purchase or renew, for a term within 
 or extending beyond the period of administration; 

    (10) enter into a lease or arrangement for exploration and 
 removal of minerals or other natural resources or enter into a 
 pooling or unitization agreement; 

    (11) abandon property when, in the opinion of the personal 
 representative, it is valueless, or is so encumbered, or is in 
 condition that it is of no benefit to the estate; 

    (12) vote stocks or other securities in person or by 
 general or limited proxy; 

    (13) pay calls, assessments, and other sums chargeable or 
 accruing against or on account of securities, unless barred by 
 the provisions relating to claims; 

    (14) hold a security in the name of a nominee or in other 
 form without disclosure of the interest of the estate but the 
 personal representative is liable for any act of the nominee in 
 connection with the security so held; 

    (15) insure the assets of the estate against damage, loss 
 and liability and the personal representative against liability 
 as to third persons; 

    (16) borrow money with or without security to be repaid 
 from the estate assets or otherwise; and advance money for the 
 protection of the estate; 

    (17) effect a fair and reasonable compromise with any 
 debtor or obligor, or extend, renew or in any manner modify the 
 terms of any obligation owing to the estate.  The personal 
 representative on holding a mortgage, pledge or other lien upon 
 property of another person may, in lieu of foreclosure, accept a 
 conveyance or transfer of encumbered assets from the owner 
 thereof in satisfaction of the indebtedness secured by lien; 

    (18) pay in compliance with section 524.3-805, but without 
 the presentation of a claim, the reasonable and necessary last 
 illness expenses of the decedent (except as provided in section 
 524.3-806 (a)), reasonable funeral expenses, debts and taxes 
 with preference under federal or state law, and other taxes, 
 assessments, compensation of the personal representative and the 
 personal representative's attorney, and all other costs and 
 expenses of administration although the same may be otherwise 
 barred under section 524.3-803; 

    (19) sell or exercise stock subscription or conversion 
 rights; consent, directly or through a committee or other agent, 
 to the reorganization, consolidation, merger, dissolution, or 
 liquidation of a corporation or other business enterprise; 

    (20) allocate items of income or expense to either estate 
 income or principal, as permitted or provided by law; 

    (21) employ persons, including attorneys, auditors, 
 investment advisors, or agents, even if they are associated with 
 the personal representative, to advise or assist the personal 
 representative in the performance of administrative duties; act 
 without independent investigation upon their recommendations; 
 and instead of acting personally, employ one or more agents to 
 perform any act of administration, whether or not discretionary; 

    (22) prosecute or defend claims, or proceedings in any 
 jurisdiction for the protection of the estate and of the 
 personal representative in the performance of duties; 

    (23) sell, mortgage, or lease any real or personal property 
 of the estate or any interest therein for cash, credit, or for 
 part cash and part credit, and with or without security for 
 unpaid balances, provided, however, that the homestead of a 
 decedent when the spouse takes any interest therein shall not be 
 sold, mortgaged or leased unless the written consent of the 
 spouse has been obtained; 

    (24) continue any unincorporated business or venture in 
 which the decedent was engaged at the time of death (i) in the 
 same business form for a period of not more than four months 
 from the date of appointment of a general personal 
 representative if continuation is a reasonable means of 
 preserving the value of the business including good will, (ii) 
 in the same business form for any additional period of time that 
 may be approved by order of the court in a formal proceeding to 
 which the persons interested in the estate are parties; or (iii) 
 throughout the period of administration if the business is 
 incorporated by the personal representative and if none of the 
 probable distributees of the business who are competent adults 
 object to its incorporation and retention in the estate; 

    (25) incorporate any business or venture in which the 
 decedent was engaged at the time of death; 

    (26) provide for exoneration of the personal representative 
 from personal liability in any contract entered into on behalf 
 of the estate; 

    (27) satisfy and settle claims and distribute the estate as 
 provided in this chapter; 

    (28) foreclose a mortgage, lien, or pledge or collect the 
 debts secured thereby, or complete any such proceeding commenced 
 by the decedent; 

    (29) exercise all powers granted to guardians and 
 conservators by sections 525.67 and 525.68.  

    HIST: 1974 c 442 art 3 s 524.3-715; 1975 c 347 s 55; 1986 c 
 444 

     524.3-716 Powers and duties of successor personal 
  representative.  

    A successor personal representative has the same power and 
 duty as the original personal representative to complete the 
 administration and distribution of the estate, as expeditiously 
 as possible, but shall not exercise any power expressly made 
 personal to the executor named in the will.  

    HIST: 1974 c 442 art 3 s 524.3-716; 1986 c 444 

     524.3-717 Corepresentatives; when joint action required. 

    If two or more persons are appointed corepresentatives and 
 unless the will or the court provides otherwise, the concurrence 
 of all is required on all acts connected with the administration 
 and distribution of the estate.  This restriction does not apply 
 when any corepresentative receives and receipts for property due 
 the estate, when the concurrence of all cannot readily be 
 obtained in the time reasonably available for emergency action 
 necessary to preserve the estate, or when a corepresentative has 
 been delegated to act for the others.  Persons dealing with a 
 corepresentative if actually unaware that another has been 
 appointed to serve or if advised by the personal representative 
 with whom they deal that the personal representative has 
 authority to act alone for any of the reasons mentioned herein, 
 are as fully protected as if the person with whom they dealt had 
 been the sole personal representative.  

    HIST: 1974 c 442 art 3 s 524.3-717; 1975 c 347 s 56; 1986 c 
 444 

     524.3-718 Powers of surviving personal representative.  

    Unless the terms of the will otherwise provide, every power 
 exercisable by personal corepresentatives may be exercised by 
 the one or more remaining after the appointment of one or more 
 is terminated, and if one of two or more nominated as 
 coexecutors is not appointed, those appointed may exercise all 
 the powers incident to the office.  

    HIST: 1974 c 442 art 3 s 524.3-718 

     524.3-719 Compensation of personal representative. 

    (a) A personal representative is entitled to reasonable 
 compensation for services.  If a will provides for compensation 
 of the personal representative and there is no contract with the 
 decedent regarding compensation, the personal representative may 
 renounce the provision before qualifying and be entitled to 
 reasonable compensation.  A personal representative also may 
 renounce the right to all or any part of the compensation.  A 
 written renunciation of fee may be filed with the court. 

    (b) In determining what is reasonable compensation, the 
 court shall give consideration to the following factors: 

    (1) The time and labor required; 

    (2) The complexity and novelty of problems involved; and 

    (3) The extent of the responsibilities assumed and the 
 results obtained. 

    HIST: 1974 c 442 art 3 s 524.3-719; 1979 c 137 s 3; 1986 c 444 

     524.3-720 Expenses in estate litigation. 

    Any personal representative or person nominated as personal 
 representative who defends or prosecutes any proceeding in good 
 faith, whether successful or not, or any interested person who 
 successfully opposes the allowance of a will, is entitled to 
 receive from the estate necessary expenses and disbursements 
 including reasonable attorneys' fees incurred.  When after 
 demand the personal representative refuses to prosecute or 
 pursue a claim or asset of the estate or a claim is made against 
 the personal representative on behalf of the estate and any 
 interested person shall then by a separate attorney prosecute or 
 pursue and recover such fund or asset for the benefit of the 
 estate, or when, and to the extent that, the services of an 
 attorney for any interested person contribute to the benefit of 
 the estate, as such, as distinguished from the personal benefit 
 of such person, such attorney shall be paid such compensation 
 from the estate as the court shall deem just and reasonable and 
 commensurate with the benefit to the estate from the recovery so 
 made or from such services. 

    HIST: 1974 c 442 art 3 s 524.3-720; 1975 c 347 s 57; 1986 c 
 444 

     524.3-721 Proceedings for review of employment of agents 
  and compensation of personal representatives and employees of 
  estate. 

    After notice to all interested persons or on petition of an 
 interested person or on appropriate motion if administration is 
 supervised, the propriety of employment of any person by a 
 personal representative including any attorney, auditor, 
 investment advisor or other specialized agent or assistant, the 
 reasonableness of the compensation of any person so employed, or 
 the reasonableness of the compensation determined by the 
 personal representative for personal representative services, 
 may be reviewed by the court.  Any person who has received 
 excessive compensation from an estate for services rendered may 
 be ordered to make appropriate refunds. 

    HIST: 1974 c 442 art 3 s 524.3-721; 1986 c 444 

     524.3-801 Notice to creditors. 

    (a) Unless notice has already been given under this 
 section, upon appointment of a general personal representative 
 in informal proceedings or upon the filing of a petition for 
 formal appointment of a general personal representative, notice 
 thereof, in the form prescribed by court rule, shall be given 
 under the direction of the court administrator by publication 
 once a week for two successive weeks in a legal newspaper in the 
 county wherein the proceedings are pending giving the name and 
 address of the general personal representative and notifying 
 creditors of the estate to present their claims within four 
 months after the date of the court administrator's notice which 
 is subsequently published or be forever barred, unless they are 
 entitled to further service of notice under paragraph (b) or (c).

    (b)(1) Within three months after:  (i) the date of the 
 first publication of the notice; or (ii) June 16, 1989, 
 whichever is later, the personal representative may determine, 
 in the personal representative's discretion, that it is or is 
 not advisable to conduct a reasonably diligent search for 
 creditors of the decedent who are either not known or not 
 identified.  If the personal representative determines that a 
 reasonably diligent search is advisable, the personal 
 representative shall conduct the search. 

    (2) If the notice is first published after June 16, 1989, 
 the personal representative shall, within three months after the 
 date of the first publication of the notice, serve a copy of the 
 notice upon each then known and identified creditor in the 
 manner provided in paragraph (c).  If notice was first published 
 under the applicable provisions of law under the direction of 
 the court administrator before June 16, 1989, and if a personal 
 representative is empowered to act at any time after June 16, 
 1989, the personal representative shall, within three months 
 after June 16, 1989, serve upon the then known and identified 
 creditors in the manner provided in paragraph (c) a copy of the 
 notice as published, together with a supplementary notice 
 requiring each of the creditors to present any claim within one 
 month after the date of the service of the notice or be forever 
 barred. 

    (3) Under this section, a creditor is "known" if:  (i) the 
 personal representative knows that the creditor has asserted a 
 claim that arose during the decedent's life against either the 
 decedent or the decedent's estate; or (ii) the creditor has 
 asserted a claim that arose during the decedent's life and the 
 fact is clearly disclosed in accessible financial records known 
 and available to the personal representative.  Under this 
 section, a creditor is "identified" if the personal 
 representative's knowledge of the name and address of the 
 creditor will permit service of notice to be made under 
 paragraph (c).  

    (c) The personal representative shall serve a copy of any 
 notice and any supplementary notice required by paragraph (b), 
 clause (1) or (2), upon each creditor of the decedent who is 
 then known to the personal representative and identified, except 
 a creditor whose claim has either been presented to the personal 
 representative or paid, either by delivery of a copy of the 
 required notice to the creditor, or by mailing a copy of the 
 notice to the creditor by certified, registered, or ordinary 
 first class mail addressed to the creditor at the creditor's 
 office or place of residence. 

    (d)(1) Effective for decedents dying on or after July 1, 
 1997, if the decedent or a predeceased spouse of the decedent 
 received assistance for which a claim could be filed under 
 section 246.53, 256B.15, 256D.16, or 261.04, the personal 
 representative or the attorney for the personal representative 
 shall serve the commissioner of human services with notice in 
 the manner prescribed in paragraph (c) as soon as practicable 
 after the appointment of the personal representative.  The 
 notice must state the decedent's full name, date of birth, and 
 social security number and, to the extent then known after 
 making a reasonably diligent inquiry, the full name, date of 
 birth, and social security number for each of the decedent's 
 predeceased spouses.  The notice may also contain a statement 
 that, after making a reasonably diligent inquiry, the personal 
 representative has determined that the decedent did not have any 
 predeceased spouses or that the personal representative has been 
 unable to determine one or more of the previous items of 
 information for a predeceased spouse of the decedent.  A copy of 
 the notice to creditors must be attached to and be a part of the 
 notice to the commissioner.  

    (2) Notwithstanding a will or other instrument or law to 
 the contrary, except as allowed in this paragraph, no property 
 subject to administration by the estate may be distributed by 
 the estate or the personal representative until 70 days after 
 the date the notice is served on the commissioner as provided in 
 paragraph (c), unless the local agency consents as provided for 
 in clause (6).  This restriction on distribution does not apply 
 to the personal representative's sale of real or personal 
 property, but does apply to the net proceeds the estate receives 
 from these sales.  The personal representative, or any person 
 with personal knowledge of the facts, may provide an affidavit 
 containing the description of any real or personal property 
 affected by this paragraph and stating facts showing compliance 
 with this paragraph.  If the affidavit describes real property, 
 it may be filed or recorded in the office of the county recorder 
 or registrar of titles for the county where the real property is 
 located.  This paragraph does not apply to proceedings under 
 sections 524.3-1203 and 525.31, or when a duly authorized agent 
 of a county is acting as the personal representative of the 
 estate. 

    (3) At any time before an order or decree is entered under 
 section 524.3-1001 or 524.3-1002, or a closing statement is 
 filed under section 524.3-1003, the personal representative or 
 the attorney for the personal representative may serve an 
 amended notice on the commissioner to add variations or other 
 names of the decedent or a predeceased spouse named in the 
 notice, the name of a predeceased spouse omitted from the 
 notice, to add or correct the date of birth or social security 
 number of a decedent or predeceased spouse named in the notice, 
 or to correct any other deficiency in a prior notice.  The 
 amended notice must state the decedent's name, date of birth, 
 and social security number, the case name, case number, and 
 district court in which the estate is pending, and the date the 
 notice being amended was served on the commissioner.  If the 
 amendment adds the name of a predeceased spouse omitted from the 
 notice, it must also state that spouse's full name, date of 
 birth, and social security number.  The amended notice must be 
 served on the commissioner in the same manner as the original 
 notice.  Upon service, the amended notice relates back to and is 
 effective from the date the notice it amends was served, and the 
 time for filing claims arising under section 246.53, 256B.15, 
 256D.16 or 261.04 is extended by 60 days from the date of 
 service of the amended notice.  Claims filed during the 60-day 
 period are undischarged and unbarred claims, may be prosecuted 
 by the entities entitled to file those claims in accordance with 
 section 524.3-1004, and the limitations in section 524.3-1006 do 
 not apply.  The personal representative or any person with 
 personal knowledge of the facts may provide and file or record 
 an affidavit in the same manner as provided for in clause (1). 

    (4) Within one year after the date an order or decree is 
 entered under section 524.3-1001 or 524.3-1002 or a closing 
 statement is filed under section 524.3-1003, any person who has 
 an interest in property that was subject to administration by 
 the estate may serve an amended notice on the commissioner to 
 add variations or other names of the decedent or a predeceased 
 spouse named in the notice, the name of a predeceased spouse 
 omitted from the notice, to add or correct the date of birth or 
 social security number of a decedent or predeceased spouse named 
 in the notice, or to correct any other deficiency in a prior 
 notice.  The amended notice must be served on the commissioner 
 in the same manner as the original notice and must contain the 
 information required for amendments under clause (3).  If the 
 amendment adds the name of a predeceased spouse omitted from the 
 notice, it must also state that spouse's full name, date of 
 birth, and social security number.  Upon service, the amended 
 notice relates back to and is effective from the date the notice 
 it amends was served.  If the amended notice adds the name of an 
 omitted predeceased spouse or adds or corrects the social 
 security number or date of birth of the decedent or a 
 predeceased spouse already named in the notice, then, 
 notwithstanding any other laws to the contrary, claims against 
 the decedent's estate on account of those persons resulting from 
 the amendment and arising under section 246.53, 256B.15, 
 256D.16, or 261.04 are undischarged and unbarred claims, may be 
 prosecuted by the entities entitled to file those claims in 
 accordance with section 524.3-1004, and the limitations in 
 section 524.3-1006 do not apply.  The person filing the 
 amendment or any other person with personal knowledge of the 
 facts may provide and file or record an affidavit describing 
 affected real or personal property in the same manner as clause 
 (1). 

    (5) After one year from the date an order or decree is 
 entered under section 524.3-1001 or 524.3-1002, or a closing 
 statement is filed under section 524.3-1003, no error, omission, 
 or defect of any kind in the notice to the commissioner required 
 under this paragraph or in the process of service of the notice 
 on the commissioner, or the failure to serve the commissioner 
 with notice as required by this paragraph, makes any 
 distribution of property by a personal representative void or 
 voidable.  The distributee's title to the distributed property 
 shall be free of any claims based upon a failure to comply with 
 this paragraph. 

    (6) The local agency may consent to a personal 
 representative's request to distribute property subject to 
 administration by the estate to distributees during the 70-day 
 period after service of notice on the commissioner.  The local 
 agency may grant or deny the request in whole or in part and may 
 attach conditions to its consent as it deems appropriate.  When 
 the local agency consents to a distribution, it shall give the 
 estate a written certificate evidencing its consent to the early 
 distribution of assets at no cost.  The certificate must include 
 the name, case number, and district court in which the estate is 
 pending, the name of the local agency, describe the specific 
 real or personal property to which the consent applies, state 
 that the local agency consents to the distribution of the 
 specific property described in the consent during the 70-day 
 period following service of the notice on the commissioner, 
 state that the consent is unconditional or list all of the terms 
 and conditions of the consent, be dated, and may include other 
 contents as may be appropriate.  The certificate must be signed 
 by the director of the local agency or the director's designees 
 and is effective as of the date it is dated unless it provides 
 otherwise.  The signature of the director or the director's 
 designee does not require any acknowledgment.  The certificate 
 shall be prima facie evidence of the facts it states, may be 
 attached to or combined with a deed or any other instrument of 
 conveyance and, when so attached or combined, shall constitute a 
 single instrument.  If the certificate describes real property, 
 it shall be accepted for recording or filing by the county 
 recorder or registrar of titles in the county in which the 
 property is located.  If the certificate describes real property 
 and is not attached to or combined with a deed or other 
 instrument of conveyance, it shall be accepted for recording or 
 filing by the county recorder or registrar of titles in the 
 county in which the property is located.  The certificate 
 constitutes a waiver of the 70-day period provided for in clause 
 (2) with respect to the property it describes and is prima facie 
 evidence of service of notice on the commissioner.  The 
 certificate is not a waiver or relinquishment of any claims 
 arising under section 246.53, 256B.15, 256D.16, or 261.04, and 
 does not otherwise constitute a waiver of any of the personal 
 representative's duties under this paragraph.  Distributees who 
 receive property pursuant to a consent to an early distribution 
 shall remain liable to creditors of the estate as provided for 
 by law. 

    (7) All affidavits provided for under this paragraph: 

    (i) shall be provided by persons who have personal 
 knowledge of the facts stated in the affidavit; 

    (ii) may be filed or recorded in the office of the county 
 recorder or registrar of titles in the county in which the real 
 property they describe is located for the purpose of 
 establishing compliance with the requirements of this paragraph; 
 and 

    (iii) are prima facie evidence of the facts stated in the 
 affidavit. 

    (8) This paragraph applies to the estates of decedents 
 dying on or after July 1, 1997.  Clause (5) also applies with 
 respect to all notices served on the commissioner of human 
 services before July 1, 1997, under Laws 1996, chapter 451, 
 article 2, section 55.  All notices served on the commissioner 
 before July 1, 1997, pursuant to Laws 1996, chapter 451, article 
 2, section 55, shall be deemed to be legally sufficient for the 
 purposes for which they were intended, notwithstanding any 
 errors, omissions or other defects. 

    HIST: 1975 c 347 s 58; 1Sp1986 c 3 art 1 s 82; 1989 c 163 s 1; 
 1996 c 451 art 2 s 55; 1997 c 217 art 2 s 16 

     524.3-802 Statutes of limitations. 

    Unless an estate is insolvent the personal representative, 
 with the consent of all successors, may waive any defense of 
 limitations available to the estate.  If the defense is not 
 waived, no claim which was barred by any statute of limitations 
 at the time of the decedent's death shall be allowed or paid.  
 The running of any statute of limitations measured from some 
 other event than death or notice given under section 524.3-801 
 against a decedent is suspended during the 12 months following 
 the decedent's death but resumes thereafter as to claims not 
 barred pursuant to the sections which follow.  For purposes of 
 any statute of limitations, the proper presentation of a claim 
 under section 524.3-804 is equivalent to commencement of a 
 proceeding on the claim.  

    HIST: 1975 c 347 s 58; 1989 c 163 s 2 

     524.3-803 Limitations on presentation of claims. 

    (a) All claims as defined in section 524.1-201 (4) against 
 a decedent's estate which arose before the death of the 
 decedent, including claims of the state and any subdivision 
 thereof, whether due or to become due, absolute or contingent, 
 liquidated or unliquidated, if not barred earlier by other 
 statute of limitations, are barred against the estate, the 
 personal representative, and the heirs and devisees of the 
 decedent, unless presented as follows: 

    (1) in the case of a creditor who is only entitled, under 
 the United States Constitution and under the Minnesota 
 Constitution, to notice by publication under section 524.3-801, 
 within four months after the date of the court administrator's 
 notice to creditors which is subsequently published pursuant to 
 section 524.3-801; 

    (2) in the case of a creditor who was served with notice 
 under section 524.3-801, paragraph (c), within the later to 
 expire of four months after the date of the first publication of 
 notice to creditors or one month after the service; 

    (3) within the later to expire of one year after the 
 decedent's death, or one year after June 16, 1989, whether or 
 not notice to creditors has been published or served under 
 section 524.3-801, provided, however, that in the case of a 
 decedent who died before June 16, 1989, no claim which was then 
 barred by any provision of law may be deemed to have been 
 revived by the amendment of this section. 

    (b) All claims against a decedent's estate which arise at 
 or after the death of the decedent, including claims of the 
 state and any subdivision thereof, whether due or to become due, 
 absolute or contingent, liquidated or unliquidated, are barred 
 against the estate, the personal representative, and the heirs 
 and devisees of the decedent, unless presented as follows: 

    (1) a claim based on a contract with the personal 
 representative, within four months after performance by the 
 personal representative is due; 

    (2) any other claim, within four months after it arises. 

    (c) Nothing in this section affects or prevents: 

    (1) any proceeding to enforce any mortgage, pledge, or 
 other lien upon property of the estate; 

    (2) any proceeding to establish liability of the decedent 
 or the personal representative for which there is protection by 
 liability insurance, to the limits of the insurance protection 
 only; 

    (3) the presentment and payment at any time within one year 
 after the decedent's death of any claim arising before the death 
 of the decedent that is referred to in section 524.3-715, clause 
 (18), although the same may be otherwise barred under this 
 section; or 

    (4) the presentment and payment at any time before a 
 petition is filed in compliance with section 524.3-1001 or 
 524.3-1002 or a closing statement is filed under section 
 524.3-1003, of: 

    (i) any claim arising after the death of the decedent that 
 is referred to in section 524.3-715, clause (18), although the 
 same may be otherwise barred hereunder; 

    (ii) any other claim, including claims subject to clause 
 (3), which would otherwise be barred hereunder, upon allowance 
 by the court upon petition of the personal representative or the 
 claimant for cause shown on notice and hearing as the court may 
 direct. 

    HIST: 1975 c 347 s 58; 1976 c 161 s 7; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82; 1989 c 163 s 3 

     524.3-804 Manner of presentation of claims. 

    Claims against a decedent's estate may be presented as 
 follows: 

    (1) The claimant may deliver or mail to the personal 
 representative a written statement of the claim indicating its 
 basis, the name and address of the claimant, and the amount 
 claimed, or may file a written statement of the claim, in the 
 form prescribed by rule, with the court administrator.  The 
 claim is deemed presented on the first to occur of receipt of 
 the written statement of claim by the personal representative, 
 or the filing of the claim with the court.  If a claim is not 
 yet due, the date when it will become due shall be stated.  If 
 the claim is contingent or unliquidated, the nature of the 
 uncertainty shall be stated.  If the claim is secured, the 
 security shall be described.  Failure to describe correctly the 
 security, the nature of any uncertainty, and the due date of a 
 claim not yet due does not invalidate the presentation made.  

    (2) The claimant may commence a proceeding against the 
 personal representative in any court where the personal 
 representative may be subjected to jurisdiction, to obtain 
 payment of the claim against the estate, but the commencement of 
 the proceeding must occur within the time limited for presenting 
 the claim.  No presentation of claim is required in regard to 
 matters claimed in proceedings against the decedent which were 
 pending at the time of death.  

    (3) If a claim is presented under subsection (1), no 
 proceeding thereon may be commenced more than two months after 
 the personal representative has mailed a notice of disallowance; 
 but, in the case of a claim which is not presently due or which 
 is contingent or unliquidated, the personal representative may 
 consent to an extension of the two month period, or in any case, 
 to avoid injustice the court, on petition, may order an 
 extension of the two month period, but in no event shall the 
 extension run beyond the applicable statute of limitations.  

    HIST: 1975 c 347 s 58; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1996 c 338 art 2 s 5 

     524.3-805 Classification of claims. 

    (a) If the applicable assets of the estate are insufficient 
 to pay all claims in full, the personal representative shall 
 make payment in the following order: 

    (1) costs and expenses of administration; 

    (2) reasonable funeral expenses; 

    (3) debts and taxes with preference under federal law; 

    (4) reasonable and necessary medical, hospital, or nursing 
 home expenses of the last illness of the decedent, including 
 compensation of persons attending the decedent and including a 
 claim filed pursuant to section 256B.15; 

    (5) reasonable and necessary medical, hospital, and nursing 
 home expenses for the care of the decedent during the year 
 immediately preceding death; 

    (6) debts with preference under other laws of this state, 
 and state taxes; 

    (7) all other claims. 

    (b) No preference shall be given in the payment of any 
 claim over any other claim of the same class, and a claim due 
 and payable shall not be entitled to a preference over claims 
 not due, except that if claims for expenses of the last illness 
 involve only claims filed under section 246.53 for costs of 
 state hospital care and claims filed under section 256B.15, 
 claims filed under section 246.53 have preference over claims 
 filed under section 256B.15. 

    HIST: 1975 c 347 s 58; 1982 c 621 s 2; 1982 c 641 art 1 s 19; 
 1983 c 180 s 19; 1986 c 444; 1987 c 325 s 2 

     524.3-806 Allowance of claims. 

    (a) As to claims presented in the manner described in 
 section 524.3-804 within the time limit prescribed or permitted 
 in section 524.3-803, the personal representative may mail a 
 notice to any claimant stating that the claim has been 
 disallowed.  If, after allowing or disallowing a claim, the 
 personal representative changes the decision concerning the 
 claim, the personal representative shall notify the claimant. 
 Without order of the court for cause shown, the personal 
 representative may not change a disallowance of a claim after 
 the time for the claimant to file a petition for allowance or to 
 commence a proceeding on the claim has run and the claim has 
 been barred.  Every claim which is disallowed in whole or in 
 part by the personal representative is barred so far as not 
 allowed unless the claimant files a petition for allowance in 
 the court or commences a proceeding against the personal 
 representative not later than two months after the mailing of 
 the notice of disallowance or partial allowance if the notice 
 warns the claimant of the impending bar.  Failure of the 
 personal representative to mail notice to a claimant of action 
 on the claim for two months after the time for original 
 presentation of the claim has expired has the effect of a notice 
 of allowance, except that upon petition of the personal 
 representative and upon notice to the claimant, the court at any 
 time before payment of such claim may for cause shown permit the 
 personal representative to disallow such claim.  Any claim in 
 excess of $3,000 for personal services rendered by an individual 
 to the decedent including compensation of persons attending the 
 decedent during a last illness, and any claim of the personal 
 representative which arose before the death of the decedent or 
 in which the personal representative has an interest in excess 
 of $3,000 may be allowed only in compliance with subsection (b). 

    (b) Upon the petition of the personal representative or of 
 a claimant in a proceeding for the purpose, the court may allow 
 in whole or in part any claim or claims presented to the 
 personal representative or filed with the court administrator in 
 due time and not barred by subsection (a) of this section.  
 Notice in this proceeding shall be given to the claimant, the 
 personal representative and those other persons interested in 
 the estate as the court may direct by order entered at the time 
 the proceeding is commenced. 

    (c) A judgment in a proceeding in another court against a 
 personal representative to enforce a claim against a decedent's 
 estate is an allowance of the claim. 

    (d) Unless otherwise provided in any judgment in another 
 court entered against the personal representative, allowed 
 claims bear interest at the legal rate for the period commencing 
 60 days after the time for original presentation of the claim 
 has expired unless based on a contract making a provision for 
 interest, in which case they bear interest in accordance with 
 that provision.  Notwithstanding the preceding sentence, claims 
 that have been disallowed pursuant to clause (a) and are 
 subsequently allowed by the personal representative or reduced 
 to judgment shall bear interest at the legal rate from the 
 latter of the following dates: 

    (1) 60 days after the time for original presentation of the 
 claim; or 

    (2) the date the claim is allowed or the date judgment is 
 entered. 

    HIST: 1975 c 347 s 58; 1976 c 161 s 8; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82 

     524.3-807 Payment of claims. 

    (a) Upon the expiration of the earliest of the time 
 limitations provided in section 524.3-803 for the presentation 
 of claims, the personal representative shall proceed to pay the 
 claims allowed against the estate in the order of priority 
 prescribed, after making provision for family maintenance and 
 statutory allowances, for claims already presented which have 
 not yet been allowed or whose allowance has been appealed, and 
 for unbarred claims which may yet be presented, including costs 
 and expenses of administration.  By petition to the court in a 
 proceeding for the purpose, or by appropriate motion if the 
 administration is supervised, a claimant whose claim has been 
 allowed but not paid as provided herein may secure an order 
 directing the personal representative to pay the claim to the 
 extent that funds of the estate are available for the payment.  

    (b) The personal representative at any time may pay any 
 just claim which has not been barred, with or without formal 
 presentation, but the personal representative is personally 
 liable to any other claimant whose claim is allowed and who is 
 injured by such payment if 

    (1) the payment was made before the expiration of the time 
 limit stated in subsection (a) and the personal representative 
 failed to require the payee to give adequate security for the 
 refund of any of the payment necessary to pay other claimants; 
 or 

    (2) the payment was made, due to the negligence or willful 
 fault of the personal representative, in such manner as to 
 deprive the injured claimant of the claimant's priority.  

    HIST: 1975 c 347 s 58; 1986 c 444; 1989 c 163 s 4 

     524.3-808 Individual liability of personal 
  representative.  

    (a) Unless otherwise provided in the contract, a personal 
 representative is not individually liable on a contract properly 
 entered into in a fiduciary capacity in the course of 
 administration of the estate unless the personal representative 
 fails to reveal the representative capacity and identify the 
 estate in the contract. 

    (b) A personal representative is individually liable for 
 obligations arising from ownership or control of the estate or 
 for torts committed in the course of administration of the 
 estate only if the personal representative is personally at 
 fault.  

    (c) Claims based on contracts entered into by a personal 
 representative in a fiduciary capacity, on obligations arising 
 from ownership or control of the estate or on torts committed in 
 the course of estate administration may be asserted against the 
 estate by proceeding against the personal representative in the 
 fiduciary capacity, whether or not the personal representative 
 is individually liable therefor.  

    (d) Issues of liability as between the estate and the 
 personal representative individually may be determined in a 
 proceeding for accounting, surcharge or indemnification or other 
 appropriate proceeding.  

    HIST: 1975 c 347 s 58; 1986 c 444 

     524.3-809 Secured claims.  

    Payment of a secured claim is upon the basis of the amount 
 allowed if the creditor surrenders the security; otherwise 
 payment is upon the basis of one of the following: 

    (1) if the creditor exhausts the security before receiving 
 payment, unless precluded by other law, upon the amount of the 
 claim allowed less the fair value of the security; or 

    (2) if the creditor does not have the right to exhaust the 
 security or has not done so, upon the amount of the claim 
 allowed less the value of the security determined by converting 
 it into money according to the terms of the agreement pursuant 
 to which the security was delivered to the creditor, or by the 
 creditor and personal representative by agreement, arbitration, 
 compromise or litigation.  

    HIST: 1975 c 347 s 58; 1986 c 444 

     524.3-810 Claims not due and contingent or unliquidated 
  claims.  

    (a) If a claim which will become due at a future time or a 
 contingent or unliquidated claim becomes due or certain before 
 the distribution of the estate, and if the claim has been 
 allowed or established by a proceeding, it is paid in the same 
 manner as presently due and absolute claims of the same class.  

    (b) In other cases the personal representative or, on 
 petition of the personal representative or the claimant in a 
 special proceeding for the purpose, the court may provide for 
 payment as follows: 

    (1) if the claimant consents, the claimant may be paid the 
 present or agreed value of the claim, taking any uncertainty 
 into account; 

    (2) arrangement for future payment, or possible payment, on 
 the happening of the contingency or on liquidation may be made 
 by creating a trust, giving a mortgage, obtaining a bond or 
 security from a distributee, or otherwise.  

    HIST: 1975 c 347 s 58; 1986 c 444 

     524.3-811 Counterclaims.  

    In allowing a claim the personal representative may deduct 
 any counterclaim which the estate has against the claimant.  In 
 determining a claim against an estate a court shall reduce the 
 amount allowed by the amount of any counterclaims and, if the 
 counterclaims exceed the claim, render a judgment against the 
 claimant in the amount of the excess.  A counterclaim, 
 liquidated or unliquidated, may arise from a transaction other 
 than that upon which the claim is based.  A counterclaim may 
 give rise to relief exceeding in amount or different in kind 
 from that sought in the claim.  

    HIST: 1975 c 347 s 58 

     524.3-812 Execution and levies prohibited.  

    No execution may issue upon nor may any levy be made 
 against any property of the estate under any judgment against a 
 decedent or a personal representative, but this section shall 
 not be construed to prevent the enforcement of mortgages, 
 pledges or liens upon real or personal property in an 
 appropriate proceeding.  

    HIST: 1975 c 347 s 58 

     524.3-813 Compromise of claims.  

    When a claim against the estate has been presented in any 
 manner, the personal representative may, if it appears for the 
 best interest of the estate, compromise the claim, whether due 
 or not due, absolute or contingent, liquidated or unliquidated.  

    HIST: 1975 c 347 s 58 

     524.3-814 Encumbered assets.  

    If any assets of the estate are encumbered by mortgage, 
 pledge, lien, or other security interest, the personal 
 representative may pay the encumbrance or any part thereof, 
 renew or extend any obligation secured by the encumbrance or 
 convey or transfer the assets to the creditor in satisfaction of 
 the lien, in whole or in part, whether or not the holder of the 
 encumbrance has filed a claim, if it appears to be for the best 
 interest of the estate.  Payment of an encumbrance does not 
 increase the share of the distributee entitled to the encumbered 
 assets unless the distributee is entitled to exoneration. 

    HIST: 1975 c 347 s 58; 1986 c 444 

     524.3-815 Administration in more than one state; duty of 
  personal representative.  

    (a) All assets of estates being administered in this state 
 are subject to all claims, allowances and charges existing or 
 established against the personal representative wherever 
 appointed.  

    (b) If the estate either in this state or as a whole is 
 insufficient to cover all family exemptions and allowances 
 determined by the law of the decedent's domicile, prior charges 
 and claims, after satisfaction of the exemptions, allowances and 
 charges, each claimant whose claim has been allowed either in 
 this state or elsewhere in administrations of which the personal 
 representative is aware, is entitled to receive payment of an 
 equal proportion of the claim.  If a preference or security in 
 regard to a claim is allowed in another jurisdiction but not in 
 this state, the creditor so benefited is to receive dividends 
 from local assets only upon the balance of the claim after 
 deducting the amount of the benefit.  

    (c) In case the family exemptions and allowances, prior 
 charges and claims of the entire estate exceed the total value 
 of the portions of the estate being administered separately and 
 this state is not the state of the decedent's last domicile, the 
 claims allowed in this state shall be paid their proportion if 
 local assets are adequate for the purpose, and the balance of 
 local assets shall be transferred to the domiciliary personal 
 representative.  If local assets are not sufficient to pay all 
 claims allowed in this state the amount to which they are 
 entitled, local assets shall be marshalled so that each claim 
 allowed in this state is paid its proportion as far as possible, 
 after taking into account all dividends on claims allowed in 
 this state from assets in other jurisdictions.  

    HIST: 1975 c 347 s 58; 1986 c 444 

     524.3-816 Final distribution to domiciliary 
  representative.  

    Real estate (excluding a vendor's interest in a contract 
 for conveyance) located in this state with regard to which the 
 decedent died intestate and the proceeds of the sale, mortgage 
 or lease of any such real estate available for distribution, 
 shall pass according to the laws of this state.  All other 
 assets included in the estate of a nonresident decedent being 
 administered by a personal representative appointed in this 
 state shall, if there is a personal representative of the 
 decedent's domicile willing to receive it, be distributed to the 
 domiciliary personal representative for the benefit of the 
 successors of the decedent unless (1) by virtue of the 
 decedent's will, if any, the successors are identified pursuant 
 to the local law of this state without reference to the local 
 law of the decedent's domicile; (2) the personal representative 
 of this state, after reasonable inquiry, is unaware of the 
 existence or identity of a domiciliary personal representative; 
 or (3) the court orders otherwise in a proceeding for a closing 
 order under section 524.3-1001 or incident to the closing of a 
 supervised administration.  In other cases, distribution of the 
 estate of a decedent shall be made in accordance with the other 
 parts of this article.  

    HIST: 1975 c 347 s 58 

     524.3-817 Joint contract claims.  

    When two or more persons are indebted on any joint contract 
 or upon a judgment on a joint contract, and one of them dies, 
 the estate shall be liable therefor, and the amount thereof may 
 be allowed the same as though the contract had been joint and 
 several or the judgment had been against the decedent alone, but 
 without prejudice to right to contribution.  

    HIST: 1975 c 347 s 58; 1986 c 444 

     524.3-901 Successors' rights if no administration. 

    In the absence of administration, the heirs and devisees 
 are entitled to the estate in accordance with the terms of a 
 probated will or the laws of intestate succession.  Devisees may 
 establish title by the probated will to devised property.  
 Persons entitled to property pursuant to sections 524.2-402, 
 524.2-403, 525.14 or intestacy may establish title thereto by 
 proof of the decedent's ownership and death, and their 
 relationship to the decedent.  Successors take subject to all 
 charges incident to administration, including the claims of 
 creditors and allowances of surviving spouse and dependent 
 children, and subject to the rights of others resulting from 
 abatement, retainer, advancement, and ademption.  

    HIST: 1974 c 442 art 3 s 524.3-901; 1975 c 347 s 59; 1986 c 
 444; 1996 c 305 art 1 s 113 

     524.3-902 Distribution; order in which assets 
  appropriated; abatement.  

    (a) Except as provided in subsection (b) and except as 
 provided in connection with the share of the surviving spouse 
 who elects to take an elective share, shares of distributees 
 abate, without any preference or priority as between real and 
 personal property, in the following order:  (1) property not 
 disposed of by the will; (2) residuary devises; (3) general 
 devises; (4) specific devises.  For purposes of abatement, a 
 general devise charged on any specific property or fund is a 
 specific devise to the extent of the value of the property on 
 which it is charged, and upon the failure or insufficiency of 
 the property on which it is charged, a general devise to the 
 extent of the failure or insufficiency.  Abatement within each 
 classification is in proportion to the amounts of property each 
 of the beneficiaries would have received if full distribution of 
 the property had been made in accordance with the terms of the 
 will.  

    (b) If the will expresses an order of abatement, or if the 
 testamentary plan or the express or implied purpose of the 
 devise would be defeated by the order of abatement stated in 
 subsection (a), the shares of the distributees abate as may be 
 found necessary to give effect to the intention of the testator. 

    (c) If the subject of a preferred devise is sold or used 
 incident to administration, abatement shall be achieved by 
 appropriate adjustments in, or contribution from, other 
 interests in the remaining assets.  

    HIST: 1974 c 442 art 3 s 524.3-902 

     524.3-903 Right of retainer.  

    The amount of a noncontingent indebtedness of a successor 
 to the estate if due, or its present value if not due, shall be 
 offset against the successor's interest; but the successor has 
 the benefit of any defense which would be available to the 
 successor in a direct proceeding for recovery of the debt.  

    HIST: 1974 c 442 art 3 s 524.3-903; 1986 c 444 

     524.3-904 Interest on general pecuniary devise.  

    General pecuniary devises bear interest at the legal rate 
 beginning one year after the first appointment of a personal 
 representative until payment, unless a contrary intent is 
 indicated by the will.  

    HIST: 1974 c 442 art 3 s 524.3-904 

  524.3-905 Repealed, 1994 c 472 s 64 

     524.3-906 Distribution in kind; valuation; method.  

    (a) Unless a contrary intention is indicated by the will, 
 the distributable assets of a decedent's estate shall be 
 distributed in kind to the extent possible through application 
 of the following provisions: 

    (1) A specific devisee is entitled to distribution of the 
 thing devised, and a spouse or child who has selected particular 
 assets of an estate shall receive the items selected. 

    (2) Any statutory allowances or devise payable in money may 
 be satisfied by value in kind provided 

    (i) the person entitled to the payment has not demanded 
 payment in cash; 

    (ii) the property distributed in kind is valued at fair 
 market value as of the date of its distribution, and 

    (iii) no residuary devisee has requested that the asset in 
 question remain a part of the residue of the estate.  

    (3) For the purpose of valuation under paragraph (2) 
 securities regularly traded on recognized exchanges, if 
 distributed in kind, are valued at the price for the last sale 
 of like securities, traded on the business day prior to 
 distribution, or if there was no sale on that day, at the median 
 between amounts bid and offered at the close of that day.  
 Assets consisting of sums owed the decedent or the estate by 
 solvent debtors as to which there is no known dispute or defense 
 are valued at the sum due with accrued interest or discounted to 
 the date of distribution.  For assets which do not have readily 
 ascertainable values, a valuation as of a date not more than 30 
 days prior to the date of distribution, if otherwise reasonable, 
 controls.  For purposes of facilitating distribution, the 
 personal representative may ascertain the value of the assets as 
 of the time of the proposed distribution in any reasonable way, 
 including the employment of qualified appraisers, even if the 
 assets may have been previously appraised.  

    (4) The residuary estate shall be distributed in kind if 
 there is no objection to the proposed distribution and it is 
 practicable to distribute undivided interests.  In other cases, 
 residuary property may be converted into cash for distribution.  

    (b) After the probable charges against the estate are 
 known, the personal representative may mail or deliver a 
 proposal for distribution to all persons who have a right to 
 object to the proposed distribution.  The right of any 
 distributee to object to the proposed distribution on the basis 
 of the kind or value of asset the distributee is to receive, if 
 not waived earlier in writing, terminates if the distributee 
 fails to object in writing received by the personal 
 representative within 30 days after mailing or delivery of the 
 proposal.  

    HIST: 1974 c 442 art 3 s 524.3-906; 1975 c 347 s 60; 1986 c 
 444 

     524.3-907 Distribution in kind; evidence.  

    If distribution in kind is made, the personal 
 representative shall execute an instrument or deed of 
 distribution assigning, transferring or releasing the assets to 
 the distributee as evidence of the distributee's title to the 
 property.  

    HIST: 1974 c 442 art 3 s 524.3-907 

     524.3-908 Distribution; right or title of distributee. 

    Proof that a distributee has received an instrument or deed 
 of distribution of assets in kind, or payment in distribution, 
 from a personal representative, is conclusive evidence that the 
 distributee has succeeded to the interest of the decedent and 
 the estate in the distributed assets, as against all persons 
 interested in the estate, except that the personal 
 representative may recover the assets or their value if the 
 distribution was improper. 

    HIST: 1974 c 442 art 3 s 524.3-908; 1976 c 161 s 9 

     524.3-909 Improper distribution; liability of 
  distributee.  

    Unless the distribution or payment no longer can be 
 questioned because of adjudication, estoppel, or limitation, a 
 distributee of property improperly distributed or paid, or a 
 claimant who was improperly paid, is liable to return the 
 property improperly received and its income since distribution 
 if the distributee or claimant has the property.  A distributee 
 or claimant who does not have the property is liable to return 
 the value as of the date of disposition of the property 
 improperly received and any income and gain received.  

    HIST: 1974 c 442 art 3 s 524.3-909; 1986 c 444 

     524.3-910 Purchasers from distributees protected. 

    If property distributed in kind or a security interest 
 therein is acquired by a purchaser, or lender, for value from a 
 distributee who has received an instrument or deed of 
 distribution from the personal representative, the purchaser or 
 lender takes title free of any claims of the estate and any 
 interested person, and incurs no personal liability to them, 
 whether or not the distribution was proper.  To be protected 
 under this provision, a purchaser or lender need not inquire 
 whether a personal representative acted properly in making the 
 distribution in kind. 

    HIST: 1974 c 442 art 3 s 524.3-910; 1975 c 347 s 61; 1976 c 
 161 s 10 

     524.3-911 Partition for purpose of distribution.  

    When two or more heirs or devisees are entitled to 
 distribution of undivided interests in any real or personal 
 property of the estate, the personal representative or one or 
 more of the heirs or devisees may petition the court prior to 
 the formal or informal closing of the estate, to make 
 partition.  After notice to the interested heirs or devisees, 
 the court shall partition the property in the same manner as 
 provided by the law for civil actions of partition.  The court 
 may direct the personal representative to sell any property 
 which cannot be partitioned without prejudice to the owners and 
 which cannot conveniently be allotted to any one party.  

    HIST: 1974 c 442 art 3 s 524.3-911 

     524.3-912 Private agreements among successors to 
  decedent binding on personal representative.  

    Subject to the rights of creditors and taxing authorities, 
 competent successors may agree among themselves to alter the 
 interests, shares, or amounts to which they are entitled under 
 the will of the decedent, or under the laws of intestacy, in any 
 way that they provide in a written contract executed by all who 
 are affected by its provisions.  The personal representative 
 shall abide by the terms of the agreement subject to the 
 obligation to administer the estate for the benefit of 
 creditors, to pay all taxes and costs of administration, and to 
 carry out the responsibilities of office for the benefit of any 
 successors of the decedent who are not parties.  Personal 
 representatives of decedent's estates are not required to see to 
 the performance of trusts if the trustee thereof is another 
 person who is willing to accept the trust.  Accordingly, 
 trustees of a testamentary trust are successors for the purposes 
 of this section.  Nothing herein relieves trustees of any duties 
 owed to beneficiaries of trusts.  

    HIST: 1974 c 442 art 3 s 524.3-912; 1986 c 444 

     524.3-913 Distributions to trustee. 

    Qualification by a court of a testamentary trustee is not 
 required before distributions can be made by a personal 
 representative to the trustee, unless qualification is expressly 
 requested by will or demanded by an interested person as follows:

    (1) by written demand delivered or mailed to the personal 
 representative, or 

    (2) by petition to the court having jurisdiction over the 
 probate estate.  

    If demand is made, the personal representative shall 
 require proof of qualification of the trustee in a court of 
 competent jurisdiction and the personal representative shall not 
 make distributions to the trustee until the trustee is qualified 
 by the court. 

    This section applies to all testamentary trusts without 
 regard to the date of execution of the will or to the date of 
 death of the testator. 

    HIST: 1974 c 442 art 3 s 524.3-913; 1975 c 347 s 62; 1985 c 10 
 s 1; 1991 c 4 s 2 

     524.3-914 Unclaimed assets. 

    If any asset of the estate has not been distributed because 
 the person entitled thereto cannot be found or refuses to accept 
 the same, or for any other good and sufficient reason the same 
 has not been paid over, the court may direct the personal 
 representative to deposit the same with the county treasurer, 
 taking duplicate receipts therefor, one of which the personal 
 representative shall file with the county auditor and the other 
 in the court.  If the money on hand exceeds the sum of $5,000, 
 the court may direct the county treasurer to invest the funds, 
 and the county treasurer shall collect the interest on these 
 investments as it becomes due, and the money so collected or 
 deposited shall be credited to the county revenue fund.  Upon 
 petition to the court within 21 years after such deposit, and 
 upon notice to the county attorney and county treasurer, the 
 court may direct the county auditor to issue to the person 
 entitled thereto the county auditor's warrant for the amount of 
 the money so on deposit including the interest collected.  No 
 interest shall be allowed or paid thereon, except as herein 
 provided, and if not claimed within such time no recovery 
 thereof shall be had.  The county treasurer, with the approval 
 of the court, may make necessary sales, exchanges, 
 substitutions, and transfers of investments and may present the 
 same for redemption and invest the proceeds. 

    HIST: 1974 c 442 art 3 s 524.3-914; 1975 c 347 s 63; 1986 c 
 444; 1995 c 130 s 14; 1996 c 338 art 2 s 6 

     524.3-915 Distribution to person under disability. 

    (a) A personal representative may discharge the obligation 
 to distribute to any person under legal disability by 
 distributing to the person's guardian or conservator, or any 
 other person authorized by this chapter or otherwise to give a 
 valid receipt and discharge for the distribution. 

    (b) When a minor child receives or is entitled to 
 distribution of personal property the court may order and direct 
 the personal representative of the estate to make payment of not 
 to exceed $2,000 thereof to the parent or parents, custodian, or 
 the person, corporation, or institution with whom the minor 
 child is, for the benefit, support, maintenance, and education 
 of the minor child or may direct the investment of the whole or 
 any part thereof in a savings account, savings certificate, or 
 certificate of deposit in a bank, savings bank, or savings 
 association having deposit insurance, in the name of the minor 
 child.  When so invested the savings account passbook, savings 
 certificate, certificate of deposit, or other acknowledgment of 
 receipt of the deposit by the depository as the case may be, is 
 to be kept as provided by the court, and the depository shall be 
 instructed not to allow such investment to be withdrawn, except 
 by order of the court.  The court may authorize the use of any 
 part or all thereof to purchase United States government savings 
 bonds in the minor's name the bonds to be kept as provided by 
 the court and to be retained until the minor reaches majority 
 unless otherwise authorized by an order of the court. 

    HIST: 1974 c 442 art 3 s 524.3-915; 1975 c 347 s 64; 1986 c 
 444; 1995 c 202 art 1 s 25 

     524.3-916 Apportionment of estate taxes and 
  generation-skipping tax. 

    (a) For purposes of this section:  

    (1) "estate" means the gross estate of a decedent as 
 determined for the purpose of federal estate tax or the estate 
 tax payable to this state; 

    (2) "decedent's generation-skipping transfers" means all 
 generation-skipping transfers as determined for purposes of the 
 federal generation-skipping tax which occur by reason of the 
 decedent's death which relate to property which is included in 
 the decedent's estate; 

    (3) "person" means any individual, partnership, 
 association, joint stock company, corporation, limited liability 
 company, government, political subdivision, governmental agency, 
 or local governmental agency; 

    (4) "person interested in the estate" means any person 
 entitled to receive, or who has received, from a decedent or by 
 reason of the death of a decedent any property or interest 
 therein included in the decedent's estate.  It includes a 
 personal representative, guardian, conservator, trustee, and 
 custodian; 

    (5) "state" means any state, territory, or possession of 
 the United States, the District of Columbia, and the 
 Commonwealth of Puerto Rico; 

    (6) "estate tax" means the federal estate tax and the state 
 estate tax determined by the commissioner of revenue pursuant to 
 chapter 291 and interest and penalties imposed in addition to 
 the tax; 

    (7) "decedent's generation-skipping tax" means the federal 
 generation-skipping tax imposed on the decedent's 
 generation-skipping transfers and interest and penalties imposed 
 in addition to the tax; 

    (8) "fiduciary" means personal representative or trustee.  

    (b) Unless the will or other governing instrument otherwise 
 provides: 

    (1) the estate tax shall be apportioned among all persons 
 interested in the estate.  The apportionment is to be made in 
 the proportion that the value of the interest of each person 
 interested in the estate bears to the total value of the 
 interests of all persons interested in the estate.  The values 
 used in determining the tax are to be used for that purpose; and 

    (2) the decedent's generation-skipping tax shall be 
 apportioned as provided by federal law.  To the extent not 
 provided by federal law, the decedent's generation-skipping tax 
 shall be apportioned among all persons receiving the decedent's 
 generation-skipping transfers whose tax apportionment is not 
 provided by federal law in the proportion that the value of the 
 transfer to each person bears to the total value of all such 
 transfers. 

    If the decedent's will or other written instrument directs 
 a method of apportionment of estate tax or of the decedent's 
 generation-skipping tax different from the method described in 
 this code, the method described in the will or other written 
 instrument controls.  

    (c)(1) The court in which venue lies for the administration 
 of the estate of a decedent, on petition for the purpose may 
 determine the apportionment of the estate tax or of the 
 decedent's generation-skipping tax.  

    (2) If the court finds that it is inequitable to apportion 
 interest and penalties in the manner provided in subsection (b), 
 because of special circumstances, it may direct apportionment 
 thereof in the manner it finds equitable.  

    (3) If the court finds that the assessment of penalties and 
 interest assessed in relation to the estate tax or the 
 decedent's generation-skipping tax is due to delay caused by the 
 negligence of the fiduciary, the court may charge the fiduciary 
 with the amount of the assessed penalties and interest.  

    (4) In any action to recover from any person interested in 
 the estate the amount of the estate tax or of the decedent's 
 generation-skipping tax apportioned to the person in accordance 
 with this code the determination of the court in respect thereto 
 shall be prima facie correct.  

    (d)(1) The personal representative or other person in 
 possession of the property of the decedent required to pay the 
 estate tax or the decedent's generation-skipping tax may 
 withhold from any property distributable to any person 
 interested in the estate, upon its distribution, the amount of 
 any taxes attributable to the person's interest.  If the 
 property in possession of the personal representative or other 
 person required to pay any taxes and distributable to any person 
 interested in the estate is insufficient to satisfy the 
 proportionate amount of the taxes determined to be due from the 
 person, the personal representative or other person required to 
 pay any taxes may recover the deficiency from the person 
 interested in the estate.  If the property is not in the 
 possession of the personal representative or the other person 
 required to pay any taxes, the personal representative or the 
 other person required to pay any taxes may recover from any 
 person interested in the estate the amount of any taxes 
 apportioned to the person in accordance with this section.  

    (2) If property held by the personal representative or 
 other person in possession of the property of the decedent 
 required to pay the estate tax or the decedent's 
 generation-skipping tax is distributed prior to final 
 apportionment of the estate tax or the decedent's 
 generation-skipping tax, the distributee shall provide a bond or 
 other security for the apportionment liability in the form and 
 amount prescribed by the personal representative or other 
 person, as the case may be.  

    (e)(1) In making an apportionment, allowances shall be made 
 for any exemptions granted, any classification made of persons 
 interested in the estate and for any deductions and credits 
 allowed by the law imposing the tax.  

    (2) Any exemption or deduction allowed by reason of the 
 relationship of any person to the decedent, by reason of the 
 purposes of the gift, or by allocation to the gift (either by 
 election by the fiduciary or by operation of federal law), 
 inures to the benefit of the person bearing such relationship or 
 receiving the gift; but if an interest is subject to a prior 
 present interest which is not allowable as a deduction, the tax 
 apportionable against the present interest shall be paid from 
 principal.  

    (3) Any deduction for property previously taxed and any 
 credit for gift taxes or death taxes of a foreign country paid 
 by the decedent or the decedent's estate inures to the 
 proportionate benefit of all persons liable to apportionment.  

    (4) Any credit for inheritance, succession or estate taxes 
 or taxes in the nature thereof applicable to property or 
 interests includable in the estate, inures to the benefit of the 
 persons or interests chargeable with the payment thereof to the 
 extent proportionately that the credit reduces the tax.  

    (5) To the extent that property passing to or in trust for 
 a surviving spouse or any charitable, public or similar gift or 
 devise is not an allowable deduction for purposes of the estate 
 tax solely by reason of an estate tax imposed upon and 
 deductible from the property, the property is not included in 
 the computation provided for in subsection (b)(1) hereof, and to 
 that extent no apportionment is made against the property.  The 
 sentence immediately preceding does not apply to any case if the 
 result would be to deprive the estate of a deduction otherwise 
 allowable under section 2053(d) of the Internal Revenue Code of 
 1986, as amended, of the United States, relating to deduction 
 for state death taxes on transfers for public, charitable, or 
 religious uses.  

    (f) No interest in income and no estate for years or for 
 life or other temporary interest in any property or fund is 
 subject to apportionment as between the temporary interest and 
 the remainder.  The estate tax on the temporary interest and the 
 estate tax, if any, on the remainder is chargeable against the 
 corpus of the property or funds subject to the temporary 
 interest and remainder.  The decedent's generation-skipping tax 
 is chargeable against the property which constitutes the 
 decedent's generation-skipping transfer. 

    (g) Neither the personal representative nor other person 
 required to pay the tax is under any duty to institute any 
 action to recover from any person interested in the estate the 
 amount of the estate tax or of the decedent's 
 generation-skipping tax apportioned to the person until the 
 final determination of the tax.  A personal representative or 
 other person required to pay the estate tax or decedent's 
 generation-skipping tax who institutes the action within a 
 reasonable time after final determination of the tax is not 
 subject to any liability or surcharge because any portion of the 
 tax apportioned to any person interested in the estate was 
 collectible at a time following the death of the decedent but 
 thereafter became uncollectible.  If the personal representative 
 or other person required to pay the estate tax or decedent's 
 generation-skipping tax cannot collect from any person 
 interested in the estate the amount of the tax apportioned to 
 the person, the amount not recoverable shall be equitably 
 apportioned among the other persons interested in the estate who 
 are subject to apportionment of the tax involved.  

    (h) A personal representative acting in another state or a 
 person required to pay the estate tax or decedent's 
 generation-skipping tax domiciled in another state may institute 
 an action in the courts of this state and may recover a 
 proportionate amount of the federal estate tax, of an estate tax 
 payable to another state or of a death duty due by a decedent's 
 estate to another state, or of the decedent's 
 generation-skipping tax, from a person interested in the estate 
 who is either domiciled in this state or who owns property in 
 this state subject to attachment or execution.  For the purposes 
 of the action the determination of apportionment by the court 
 having jurisdiction of the administration of the decedent's 
 estate in the other state is prima facie correct.  

    HIST: 1975 c 347 s 65; 1979 c 303 art 3 s 33; 1986 c 444; 1995 
 c 130 s 15 

     524.3-1001 Formal proceedings terminating 
  administration; testate or intestate; order of distribution, 
  decree, and general protection. 

    (a)(1) A personal representative or any interested person 
 may petition for an order of complete settlement of the estate.  
 The personal representative may petition at any time, and any 
 other interested person may petition after one year from the 
 appointment of the original personal representative except that 
 no petition under this section may be entertained until the time 
 for presenting claims which arose prior to the death of the 
 decedent has expired.  The petition may request the court to 
 determine testacy, if not previously determined, to consider the 
 final account or compel or approve an accounting and 
 distribution, to construe any will or determine heirs and 
 adjudicate the final settlement and distribution of the estate.  
 After notice to all interested persons and hearing the court may 
 enter an order or orders, on appropriate conditions, determining 
 the persons entitled to distribution of the estate, and, as 
 circumstances require, approving settlement and directing or 
 approving distribution of the estate and discharging the 
 personal representative from further claim or demand of any 
 interested person. 

    (2) In such petition for complete settlement of the estate, 
 the petitioner may apply for a decree.  Upon the hearing, if in 
 the best interests of interested persons, the court may issue 
 its decree which shall determine the persons entitled to the 
 estate and assign the same to them in lieu of ordering the 
 assignment by the personal representative.  The decree shall 
 name the heirs and distributees, state their relationship to the 
 decedent, describe the property, and state the proportions or 
 part thereof to which each is entitled.  In the estate of a 
 testate decedent, no heirs shall be named in the decree unless 
 all heirs be ascertained. 

    (3) In solvent estates, the hearing may be waived by 
 written consent to the proposed account and decree of 
 distribution or order of distribution by all heirs or 
 distributees, and the court may then enter its order allowing 
 the account and issue its decree or order of distribution. 

    (4) Where a decree or order for distribution is issued, the 
 personal representative shall not be discharged until all 
 property is paid or transferred to the persons entitled to the 
 property, and the personal representative has otherwise fully 
 discharged the duties of a personal representative.  If an order 
 assessing estate tax or request for documents is filed with the 
 court by the commissioner of revenue, no discharge shall be 
 issued until the assessment is paid or the request is complied 
 with.  If no order assessing estate tax or request for documents 
 is filed, the court shall have the power to settle and 
 distribute the estate and discharge the personal representative 
 without regard to tax obligations. 

    (b) If one or more heirs or devisees were omitted as 
 parties in, or were not given notice of, a previous formal 
 testacy proceeding, the court, on proper petition for an order 
 of complete settlement of the estate under this section, and 
 after notice to the omitted or unnotified persons and other 
 interested parties determined to be interested on the assumption 
 that the previous order concerning testacy is conclusive as to 
 those given notice of the earlier proceeding, may determine 
 testacy as it affects the omitted persons and confirm or alter 
 the previous order of testacy as it affects all interested 
 persons as appropriate in the light of the new proofs.  In the 
 absence of objection by an omitted or unnotified person, 
 evidence received in the original testacy proceeding shall 
 constitute prima facie proof of due execution of any will 
 previously admitted to probate, or of the fact that the decedent 
 left no valid will if the prior proceedings determined this fact.

    HIST: 1974 c 442 art 3 s 524.3-1001; 1975 c 347 s 66; 1979 c 
 303 art 3 s 34; 1980 c 439 s 31; 1986 c 444; 1990 c 480 art 2 s 
 17; 1995 c 130 s 16 

     524.3-1002 Formal proceedings terminating testate 
  administration; order construing will without adjudicating 
  testacy.  

    A personal representative administering an estate under an 
 informally probated will or any devisee under an informally 
 probated will may petition for an order of settlement of the 
 estate which will not adjudicate the testacy status of the 
 decedent.  The personal representative may petition at any time, 
 and a devisee may petition after one year, from the appointment 
 of the original personal representative, except that no petition 
 under this section may be entertained until the time for 
 presenting claims which arose prior to the death of the decedent 
 has expired.  The petition may request the court to consider the 
 final account or compel or approve an accounting and 
 distribution, to construe the will and adjudicate final 
 settlement and distribution of the estate.  After notice to all 
 devisees and the personal representative and hearing, the court 
 may enter an order or orders, on appropriate conditions, 
 determining the persons entitled to distribution of the estate 
 under the will, and, as circumstances require, approving 
 settlement and directing or approving distribution of the estate 
 and discharging the personal representative from further claim 
 or demand of any devisee who is a party to the proceeding and 
 those the devisee represents.  If it appears that a part of the 
 estate is intestate, the proceedings shall be dismissed or 
 amendments made to meet the provisions of section 524.3-1001.  

    HIST: 1974 c 442 art 3 s 524.3-1002; 1986 c 444 

     524.3-1003 Closing estates; by sworn statement of 
  personal representative. 

    (a) Unless prohibited by order of the court and except for 
 estates being administered in supervised administration 
 proceedings, a personal representative may close an estate by 
 filing with the court no earlier than four months after the date 
 of original appointment of a general personal representative for 
 the estate, a statement stating that the filer, or a prior 
 personal representative whom the filer has succeeded, has or 
 have: 

    (1) published notice to creditors and that the first 
 publication occurred more than four months prior to the date of 
 filing of the statement; 

    (2) fully administered the estate of the decedent by making 
 payment, settlement or other disposition of all claims which 
 were presented, expenses of administration and estate and other 
 taxes, except as specified in the statement, and that the assets 
 of the estate have been inventoried and distributed to the 
 persons entitled.  If any claims, expenses or taxes remain 
 undischarged, the statement shall state in detail other 
 arrangements which have been made to accommodate outstanding 
 liabilities; and 

    (3) prior to filing the statement, sent a copy thereof to 
 all distributees of the estate and to all creditors or other 
 known claimants whose claims are neither paid nor barred and has 
 furnished a full account in writing of the personal 
 representative's administration to the distributees whose 
 interests are affected thereby. 

    (b) If no proceedings involving the personal representative 
 are pending in the court one year after the closing statement is 
 filed, the appointment of the personal representative 
 terminates.  Letters of appointment remain in full force until 
 one year after the filing of the closing statement at which time 
 the authority of the personal representative shall terminate. 

    HIST: 1974 c 442 art 3 s 524.3-1003; 1976 c 161 s 11; 1978 c 
 525 s 16; 1980 c 439 s 32; 1984 c 438 s 1; 1986 c 444 

     524.3-1004 Liability of distributees to claimants. 

    After assets of an estate have been distributed and subject 
 to section 524.3-1006, an undischarged claim not barred may be 
 prosecuted in a proceeding against one or more distributees.  If 
 a personal representative closes an estate without giving notice 
 as required under section 524.3-801, paragraph (d), 
 notwithstanding any other law to the contrary, claims arising 
 under sections 246.53, 256B.15, 256D.16, and 261.04 shall be 
 undischarged and unbarred claims.  The governmental entities 
 entitled to file claims under those sections shall be entitled 
 to prosecute their claims against distributees as provided for 
 in this section, and the limitations in section 524.3-1006 shall 
 not apply.  No distributee shall be liable to claimants for 
 amounts in excess of the value of the distributee's distribution 
 as of the time of distribution.  As between distributees, each 
 shall bear the cost of satisfaction of unbarred claims as if the 
 claim had been satisfied in the course of administration.  Any 
 distributee who shall have failed to notify other distributees 
 of the demand made by the claimant in sufficient time to permit 
 them to join in any proceeding in which the claim was asserted 
 against the first distributee loses the right of contribution 
 against other distributees.  

    HIST: 1974 c 442 art 3 s 524.3-1004; 1986 c 444; 1997 c 217 
 art 2 s 17 

     524.3-1005 Limitations on proceedings against personal 
  representative.  

    Unless previously barred by adjudication and except as 
 provided in the closing statement, the rights of successors and 
 of creditors whose claims have not otherwise been barred against 
 the personal representative for breach of fiduciary duty are 
 barred unless a proceeding to assert the same is commenced 
 within six months after the filing of the closing statement.  
 The rights thus barred do not include rights to recover from a 
 personal representative for fraud, misrepresentation, or 
 inadequate disclosure related to the settlement of the 
 decedent's estate.  

    HIST: 1974 c 442 art 3 s 524.3-1005 

     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) three 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.  

    HIST: 1974 c 442 art 3 s 524.3-1006 

     524.3-1007 Certificate discharging liens securing 
  fiduciary performance. 

    After the appointment has terminated, the personal 
 representative, the personal representative's sureties, or any 
 successor of either, upon the filing of an application showing, 
 so far as is known by the applicant, that no action concerning 
 the estate is pending in any court, is entitled to receive a 
 certificate from the registrar that the personal representative 
 appears to have fully administered the estate in question.  The 
 certificate evidences discharge of any lien on any property 
 given to secure the obligation of the personal representative in 
 lieu of bond or any surety, but does not preclude action against 
 the personal representative or the surety. 

    HIST: 1974 c 442 art 3 s 524.3-1007; 1976 c 161 s 12; 1986 c 
 444 

     524.3-1008 Subsequent administration. 

    If property of the estate is omitted or discovered after an 
 estate has been settled and the personal representative 
 discharged or after one year after a closing statement has been 
 filed, the court upon petition or the registrar upon application 
 of any interested person and upon notice as it directs may 
 appoint the same or a successor personal representative to 
 administer the subsequently discovered estate.  If a new 
 appointment is made, unless the court or registrar orders 
 otherwise, the provisions of this chapter apply as appropriate; 
 but no claim previously barred may be asserted in the subsequent 
 administration.  

    HIST: 1974 c 442 art 3 s 524.3-1008; 1975 c 347 s 67; 1995 c 
 130 s 17 

     524.3-1101 Effect of approval of agreements involving 
  trusts, inalienable interests, or interests of third persons.  

    A compromise of any controversy as to admission to probate 
 of any instrument offered for formal probate as the will of a 
 decedent, the construction, validity, or effect of any probated 
 will, the rights or interests in the estate of the decedent, of 
 any successor, or the administration of the estate, if approved 
 in a formal proceeding in the court for that purpose, is binding 
 on all the parties thereto including those unborn, unascertained 
 or who could not be located.  An approved compromise is binding 
 even though it may affect a trust or an inalienable interest.  

    HIST: 1974 c 442 art 3 s 524.3-1101; 1975 c 347 s 68 

     524.3-1102 Procedure for securing court approval of 
  compromise.  

    The procedure for securing court approval of a compromise 
 is as follows: 

    (1) The terms of the compromise shall be set forth in an 
 agreement in writing which shall be executed by all competent 
 persons and parents acting for any minor child having beneficial 
 interests or having claims which will or may be affected by the 
 compromise.  Execution is not required by any person whose 
 identity cannot be ascertained or whose whereabouts is unknown 
 and cannot reasonably be ascertained.  

    (2) Any interested person, including the personal 
 representative or a trustee, then may submit the agreement to 
 the court for its approval and for execution by the personal 
 representative, the trustee of every affected testamentary 
 trust, and other fiduciaries and representatives.  

    (3) After notice to all interested persons or their 
 representatives, including the personal representative of the 
 estate and all affected trustees of trusts, the court, if it 
 finds that the contest or controversy is in good faith and that 
 the effect of the agreement upon the interests of persons 
 represented by fiduciaries or other representatives is just and 
 reasonable, shall make an order approving the agreement and 
 directing all fiduciaries under its supervision to execute the 
 agreement.  Minor children represented only by their parents may 
 be bound only if their parents join with other competent persons 
 in execution of the compromise.  Upon the making of the order 
 and the execution of the agreement, all further disposition of 
 the estate is in accordance with the terms of the agreement.  

    HIST: 1974 c 442 art 3 s 524.3-1102 

     524.3-1201 Collection of personal property by affidavit. 

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

    (1) the value of the entire probate estate, wherever 
 located, including specifically any contents of a safe deposit 
 box, less liens and encumbrances, does not exceed $20,000; 

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

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

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

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

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

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

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

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

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

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

    HIST: 1974 c 442 art 3 s 524.3-1201; 1976 c 161 s 13; 1977 c 
 159 s 1; 1978 c 741 s 9; 1984 c 655 art 1 s 74; 1987 c 403 art 2 
 s 151; 1991 c 11 s 1; 1992 c 461 art 1 s 2; 1995 c 130 s 18; 
 1997 c 217 art 2 s 18; 3Sp1997 c 3 s 13 

     524.3-1202 Effect of affidavit. 

    The person paying, delivering, transferring, or issuing 
 personal property or the evidence thereof pursuant to an 
 affidavit meeting the requirements of section 524.3-1201 is 
 discharged and released to the same extent as if the person 
 dealt with a personal representative of the decedent.  The 
 person is not required to see to the application of the personal 
 property or evidence thereof or to inquire into the truth of any 
 statement in the affidavit.  In particular, the person 
 delivering the contents of a safe deposit box is not required to 
 inquire into the value of the contents of the box and is 
 authorized to rely solely upon the representation in the 
 affidavit concerning the value of the entire probate estate.  If 
 any person to whom an affidavit is delivered refuses to pay, 
 deliver, transfer, or issue any personal property or evidence 
 thereof, it may be recovered or its payment, delivery, transfer, 
 or issuance compelled upon proof of their right in a proceeding 
 brought for the purpose by or on behalf of the persons entitled 
 thereto.  Any person to whom payment, delivery, transfer or 
 issuance is made is answerable and accountable therefor to any 
 personal representative of the estate or to any other person 
 having a superior right. 

    HIST: 1974 c 442 art 3 s 524.3-1202; 1978 c 741 s 10; 1Sp1985 
 c 14 art 13 s 13; 1986 c 444; 1995 c 130 s 19 

     524.3-1203 Summary proceedings. 

    Subdivision 1.    Petition and payment.  Upon petition 
 of an interested person, the court, with or without notice, may 
 determine that the decedent had no estate, or that the property 
 has been destroyed, abandoned, lost, or rendered valueless, and 
 that no recovery has been had nor can be had for it, or if there 
 is no property except property recovered for death by wrongful 
 act, property that is exempt from all debts and charges in the 
 probate court, or property that may be appropriated for the 
 payment of the property selection as provided in section 
 524.2-403, the allowances to the spouse and children mentioned 
 in section 524.2-404, and the expenses and claims provided in 
 section 524.3-805, paragraph (a), clauses (1) to (6), inclusive, 
 the personal representative by order of the court may pay the 
 estate in the order named.  The court may then, with or without 
 notice, summarily determine the heirs, legatees, and devisees in 
 its final decree or order of distribution assigning to them 
 their share or part of the property with which the personal 
 representative is charged.  

    Subd. 2.    Final decree or order.  If upon hearing of a 
 petition for summary assignment or distribution, for special 
 administration, or for any administration, or for the probate of 
 a will, the court determines that there is no need for the 
 appointment of a representative and that the administration 
 should be closed summarily for the reason that all of the 
 property in the estate is exempt from all debts and charges in 
 the probate court, a final decree or order of distribution may 
 be entered, with or without notice, assigning that property to 
 the persons entitled to it under the terms of the will, or if 
 there is no will, under the law of intestate succession in force 
 at the time of the decedent's death.  

    Subd. 3.    Summary distribution.  Summary distribution 
 may be made under this section in any proceeding of any real, 
 personal, or other property in kind in reimbursement or payment 
 of the property selection as provided in section 524.2-403, the 
 allowances to the spouse and children mentioned in section 
 524.2-404, and the expenses and claims provided in section 
 524.3-805, paragraph (a), clauses (1) to (6), inclusive, in the 
 order named, if the court is satisfied as to the propriety of 
 the distribution and as to the valuation, based upon appraisal 
 in the case of real estate other than homestead, of the property 
 being assigned to exhaust the assets of the estate.  

    Subd. 4.    Personal representative.  Summary 
 proceedings may be had with or without the appointment of a 
 personal representative.  In all summary proceedings in which no 
 personal representative is appointed, the court may require the 
 petitioner to file a corporate surety bond in an amount fixed 
 and approved by the court.  The condition of the bond must be 
 that the petitioner has made a full, true, and correct 
 disclosure of all the facts related in the petition and will 
 perform the terms of the decree or order of distribution issued 
 pursuant to the petition.  Any interested person suffering 
 damages as a result of misrepresentation or negligence of the 
 petitioner in stating facts in the petition pursuant to which an 
 improper decree or order of distribution is issued, or the terms 
 of the decree or order of distribution are not performed by the 
 petitioner as required, has a cause of action against the 
 petitioner and the surety to recover those damages in the court 
 in which the proceeding took place.  That court has jurisdiction 
 of the cause of action. 

    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, does not exceed the value of $30,000.  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.  

    HIST: 1974 c 442 art 3 s 524.3-1203; 1975 c 347 s 69; 1995 c 
 130 s 20 

     524.3-1204 Small estates; closing by sworn statement of 
  personal representative. 

    (a) Unless prohibited by order of the court and except for 
 estates being administered by supervised personal 
 representatives, a personal representative may close an estate 
 administered under the summary procedures of section 524.3-1203 
 by filing with the court, at any time after disbursement and 
 distribution of the estate, a statement stating that: 

    (1) to the best knowledge of the personal representative, 
 the entire estate, less liens and encumbrances, did not exceed 
 an exempt homestead as provided for in section 524.2-402, the 
 allowances provided for in sections 524.2-403 and 524.2-404, 
 costs and expenses of administration, reasonable funeral 
 expenses, and reasonable, necessary medical and hospital 
 expenses of the last illness of the decedent; 

    (2) the personal representative has fully administered the 
 estate by disbursing and distributing it to the persons entitled 
 thereto; and 

    (3) the personal representative has sent a copy of the 
 closing statement to all distributees of the estate and to all 
 creditors or other known claimants whose claims are neither paid 
 nor barred and has furnished a full account in writing of the 
 personal representative's administration to the distributees 
 whose interests are affected. 

    (b) If no actions or proceedings involving the personal 
 representative are pending in the court one year after the 
 closing statement is filed, the appointment of the personal 
 representative terminates. 

    (c) A closing statement filed under this section has the 
 same effect as one filed under section 524.3-1003. 

    HIST: 1974 c 442 art 3 s 524.3-1204; 1975 c 347 s 70; 1976 c 
 161 s 14; 1986 c 444; 1996 c 305 art 1 s 114 

     524.4-101 Definitions.  

    In this article 

    (1) "local administration" means administration by a 
 personal representative appointed in this state pursuant to 
 appointment proceedings described in article 3.  

    (2) "local personal representative" includes any personal 
 representative appointed in this state pursuant to appointment 
 proceedings described in article 3 and excludes foreign personal 
 representatives who acquire the power of a local personal 
 representative pursuant to section 524.4-205.  

    (3) "resident creditor" means a person domiciled in, or 
 doing business in this state, who is, or could be, a claimant 
 against an estate of a nonresident decedent.  

    HIST: 1974 c 442 art 4 s 524.4-101 

     524.4-201 Payment of debt and delivery of property to 
  domiciliary foreign personal representative without local 
  administration.  

    At any time after the expiration of 60 days from the death 
 of a nonresident decedent, any person indebted to the estate of 
 the nonresident decedent or having possession or control of an 
 instrument evidencing a debt, obligation, stock or chose in 
 action belonging to the estate of the nonresident decedent may 
 pay the debt, deliver the instrument evidencing the debt, 
 obligation, stock or chose in action, to the domiciliary foreign 
 personal representative of the nonresident decedent upon being 
 presented with proof of appointment and an affidavit made by or 
 on behalf of the representative stating: 

    (1) the date of the death of the nonresident decedent, 

    (2) that no local administration, or application or 
 petition therefor, is pending in this state, 

    (3) that the domiciliary foreign personal representative is 
 entitled to payment or delivery.  

    HIST: 1974 c 442 art 4 s 524.4-201; 1975 c 347 s 71; 1986 c 
 444 

     524.4-202 Payment or delivery discharges.  

    Payment or delivery made in good faith on the basis of the 
 proof of authority and affidavit releases the debtor or person 
 having possession of the instrument evidencing the debt, 
 obligation, stock or chose in action to the same extent as if 
 payment or delivery had been made to a local personal 
 representative.  

    HIST: 1974 c 442 art 4 s 524.4-202; 1975 c 347 s 72 

     524.4-203 Resident creditor notice.  

    Payment or delivery under section 524.4-201 may not be made 
 if a resident creditor of the nonresident decedent has notified 
 the debtor of the nonresident decedent or the person having 
 possession of the instrument evidencing the debt, obligation, 
 stock or chose in action belonging to the nonresident decedent 
 that the debt should not be paid nor such instrument delivered 
 to the domiciliary foreign personal representative.  

    HIST: 1974 c 442 art 4 s 524.4-203; 1975 c 347 s 73 

     524.4-204 Proof of authority-bond.  

    If no local administration or application or petition 
 therefor is pending in this state, a domiciliary foreign 
 personal representative may file the following with a court in 
 this state in a county in which property belonging to the 
 decedent is located: 

    (1) A certified or authenticated copy of the appointment 
 and of any official bond given, and 

    (2) Notice of an intention to exercise as to assets in this 
 state all powers of a local personal representative and to 
 maintain actions and proceedings in this state in accordance 
 with section 524.4-205.  

    When a domiciliary foreign personal representative files a 
 certified or authenticated copy of the appointment and of any 
 official bond and a notice in accordance with the preceding 
 sentence, the court administrator shall forthwith publish, at 
 the expense of the estate, a notice once a week for two 
 consecutive weeks in a legal newspaper in the county, giving the 
 name and address of the domiciliary foreign personal 
 representative and stating an intention to exercise as to assets 
 in this state all powers of a local personal representative and 
 to maintain actions and proceedings in this state in accordance 
 with section 524.4-205.  

    HIST: 1974 c 442 art 4 s 524.4-204; 1975 c 347 s 74; 1986 c 
 444; 1Sp1986 c 3 art 1 s 82 

     524.4-205 Powers.  

    At any time after the expiration of 60 days from a 
 domiciliary foreign personal representative's filing in 
 accordance with section 524.4-204 such domiciliary foreign 
 personal representative may exercise as to assets in this state 
 all powers of a local personal representative and may maintain 
 actions and proceedings in this state subject to any conditions 
 imposed upon nonresident parties generally.  The power of a 
 domiciliary foreign personal representative under this section 
 shall not be exercised if a resident creditor of the nonresident 
 decedent has filed a written objection thereto within 60 days 
 from the domiciliary foreign personal representative's filing in 
 accordance with section 524.4-204.  

    HIST: 1974 c 442 art 4 s 524.4-205; 1975 c 347 s 75 

     524.4-206 Power of representatives in transition.  

    The power of a domiciliary foreign personal representative 
 under section 524.4-201 or 524.4-205 shall be exercised only if 
 there is no administration or application therefor pending in 
 this state.  Any application or petition for local 
 administration of the estate terminates the power of the foreign 
 personal representative to act under sections 524.4-201 and 
 524.4-205, but the local court may allow the foreign personal 
 representative to exercise limited powers to preserve the 
 estate.  No assets which have been removed from this state by 
 the foreign personal representative through exercise of powers 
 under section 524.4-201 or 524.4-205 shall be subject to 
 subsequent local administration.  No person who, before 
 receiving actual notice of a pending local administration, has 
 changed position in reliance upon the powers of a foreign 
 personal representative or who is a distributee from the foreign 
 personal representative shall be prejudiced by reason of the 
 application or petition for, or grant of, local administration.  
 The local personal representative is subject to all rights in 
 others and all duties and obligations which have accrued by 
 virtue of the exercise of the powers by the foreign personal 
 representative and may be substituted for the foreign personal 
 representative in any action or proceedings in this state.  

    HIST: 1974 c 442 art 4 s 524.4-206; 1975 c 347 s 76; 1986 c 
 444 

     524.4-207 Ancillary and other local administrations; 
  provisions governing.  

    In respect to a nonresident decedent, the provisions of 
 article 3 of this chapter govern (1) proceedings, if any, in a 
 court of this state for probate of the will, appointment, 
 removal, supervision, and discharge of the local personal 
 representative, and any other order concerning the estate; and 
 (2) the status, powers, duties and liabilities of any local 
 personal representative and the rights of claimants, purchasers, 
 distributees and others in regard to a local administration.  

    HIST: 1974 c 442 art 4 s 524.4-207 

     524.4-301 Jurisdiction by act of foreign personal 
  representative.  

    A foreign personal representative submits personally to the 
 jurisdiction of the courts of this state in any proceeding 
 relating to the estate by (1) filing certified or authenticated 
 copies of the appointment as provided in section 524.4-204, (2) 
 receiving payment of money or taking delivery of property under 
 section 524.4-201, or (3) doing any act as a personal 
 representative in this state which would have given the state 
 jurisdiction over the personal representative as an individual.  
 Jurisdiction under (2) is limited to the money or value of 
 personal property collected. 

    HIST: 1974 c 442 art 4 s 524.4-301; 1975 c 347 s 77; 1986 c 
 444 

     524.4-302 Jurisdiction by act of decedent.  

    In addition to jurisdiction conferred by section 524.4-301, 
 a foreign personal representative is subject to the jurisdiction 
 of the courts of this state to the same extent that the decedent 
 was subject to jurisdiction immediately prior to death. 

    HIST: 1974 c 442 art 4 s 524.4-302; 1986 c 444 

     524.4-303 Service on foreign and nonresident personal 
  representatives.  

    (a) Service of process may be made upon a foreign personal 
 representative and a nonresident personal representative 
 appointed in this state by registered or certified mail, 
 addressed to the last reasonably ascertainable address, 
 requesting a return receipt signed by addressee only.  Notice by 
 ordinary first class mail is sufficient if registered or 
 certified mail service to the addressee is unavailable.  Service 
 may be made upon a foreign personal representative or a 
 nonresident personal representative appointed in this state in 
 the manner in which service could have been made under other 
 laws of this state on either the foreign personal 
 representative, the nonresident personal representative 
 appointed in this state, or the decedent immediately prior to 
 death.  

    (b) If service is made upon a foreign personal 
 representative or a nonresident personal representative 
 appointed in this state as provided in subsection (a), the 
 person served shall be allowed at least 30 days within which to 
 appear or respond.  

    HIST: 1974 c 442 art 4 s 524.4-303; 1975 c 347 s 78; 1986 c 
 444 

     524.4-401 Effect of adjudication for or against personal 
  representative.  

    An adjudication rendered in any jurisdiction in favor of or 
 against any personal representative of the estate is as binding 
 on the local personal representative as if the local personal 
 representative were a party to the adjudication.  

    HIST: 1974 c 442 art 4 s 524.4-401; 1986 c 444 

  524.5-501 Repealed, 1984 c 603 s 29 

  524.5-502 Repealed, 1984 c 603 s 29 

     524.5-505 Delegation of powers by parent or guardian. 

    A parent or a guardian of a minor or incapacitated person, 
 by a properly executed power of attorney, may delegate to 
 another person, for a period not exceeding six months, any 
 powers regarding care, custody, or property of the minor or 
 ward, except the power to consent to marriage or adoption of a 
 minor ward.  A parent of a minor child may delegate those powers 
 for a period not exceeding one year by a designated caregiver 
 agreement under chapter 257A. 

    HIST: 1982 c 472 s 1; 1986 c 444; 1996 c 455 art 6 s 15; 1997 
 c 65 s 5 

     524.6-201 Definitions. 

    Subdivision 1.  As used in sections 524.6-201 to 524.6-214, 
 the terms defined in this section have the meanings given them. 

    Subd. 2.  "Account" means a contract of deposit of funds 
 between a depositor and a financial institution, and includes a 
 checking account, savings account, certificate of deposit, share 
 account and other like arrangement. 

    Subd. 3.  "Financial institution" means any organization 
 authorized to do business under state or federal laws relating 
 to financial institutions, including, without limitation, banks 
 and trust companies, savings banks, savings associations, and 
 credit unions. 

    Subd. 4.  "Joint account" means an account so designated, 
 and any account payable on request to one or more of two or more 
 parties and to the survivor of them. 

    Subd. 5.  A "multiple-party account" means a joint account 
 or a P.O.D. account.  It does not include accounts established 
 for deposit of funds of a partnership, joint venture, or other 
 association for business purposes, or accounts controlled by one 
 or more persons as the duly authorized agent or trustee for a 
 person, corporation, unincorporated association, charitable or 
 civic organization or a regular fiduciary or trust account where 
 the relationship is established other than by deposit agreement. 

    Subd. 6.  "Net contribution" of a party to a joint account 
 as of any given time is the sum of all deposits thereto made by 
 or for the party, less all withdrawals made by or for the party 
 which have not been paid to or applied to the use of any other 
 party, plus a pro rata share of any interest or dividends 
 included in the current balance.  The term includes any proceeds 
 of deposit life insurance added to the account by reason of the 
 death of the party whose net contribution is in question.  

    Subd. 7.  "Party" means a person who, by the terms of the 
 account, has a present right, subject to request, to payment 
 from a multiple-party account.  A P.O.D. payee is a party only 
 after the account becomes payable by reason of the payee 
 surviving the original party.  Unless the context otherwise 
 requires, it includes a guardian, conservator, personal 
 representative, or assignee, including an attaching creditor, of 
 a party.  It also includes a person identified as a trustee of 
 an account for another whether or not a beneficiary is named, 
 but it does not include any named beneficiary unless the 
 beneficiary has a present right of withdrawal.  

    Subd. 8.  "Payment" of sums on deposit includes withdrawal, 
 payment on check or other directive of a party, and any pledge 
 of sums on deposit by a party and any setoff, or reduction or 
 other disposition of all or part of an account pursuant to a 
 pledge.  

    Subd. 9.  "Proof of death" includes (a) a certified or 
 authenticated copy of a death certificate purporting to be 
 issued by an official or agency of the place where the death 
 purportedly occurred which shall be prima facie proof of the 
 fact, place, date and time of death and the identity of the 
 decedent, (b) a certified or authenticated copy of any record or 
 report of any governmental agency, domestic or foreign, that a 
 person is dead which shall be prima facie evidence of the fact, 
 place, date and time of death and the identity of the decedent.  

    Subd. 10.  "P.O.D. account" means an account payable on 
 request to one or more parties and on the death of the parties 
 to one or more P.O.D. payees.  The term also means an account in 
 the name of one or more parties as trustee for one or more 
 beneficiaries where the relationship is established by the form 
 of the account and the deposit agreement with the financial 
 institution and there is no subject of the trust other than the 
 sums on deposit in the account.  A P.O.D. account does not 
 include a trust account established under a testamentary trust 
 or inter vivos trust, or a fiduciary account arising from a 
 fiduciary relationship such as attorney-client.  

    Subd. 11.  "P.O.D. payee" means a person designated on a 
 P.O.D. account as one to whom the account is payable on request 
 after the death of one or more persons.  

    Subd. 12.  "Request" means a proper request for 
 withdrawals, or a check or order for payment, which complies 
 with all conditions of the account, including special 
 requirements concerning necessary signatures and regulations of 
 the financial institution; but if the financial institution 
 conditions withdrawal or payment on advance notice, for purposes 
 of this part the request for withdrawal or payment is treated as 
 immediately effective and a notice of intent to withdraw is 
 treated as a request for withdrawal.  

    Subd. 13.  "Sums on deposit" means the balance payable on a 
 multiple-party account including interest, dividends and, in 
 addition, any deposit life insurance proceeds added to the 
 account by reason of the death of a party.  

    Subd. 14.  "Withdrawal" includes payment to a third person 
 pursuant to check or other directive of a party.  

    HIST: 1973 c 619 s 2; 1985 c 292 s 9-11; 1986 c 444; 1987 c 
 384 art 2 s 1; 1994 c 472 s 63; 1995 c 202 art 1 s 25 

     524.6-202 Ownership as between parties, and others; 
  protection of financial institutions.  

    The provisions of sections 524.6-203 to 524.6-205 
 concerning beneficial ownership as between parties, or as 
 between parties and P.O.D. payees or beneficiaries of 
 multiple-party accounts, are relevant only to controversies 
 between these persons and their creditors and other successors, 
 and have no bearing on the power of withdrawal of these persons 
 as determined by the terms of account contracts.  The provisions 
 of sections 524.6-208 to 524.6-212 govern the liability of 
 financial institutions who make payments pursuant thereto, and 
 their setoff rights.  

    HIST: 1973 c 619 s 3; 1994 c 472 s 63 

     524.6-203 Ownership during lifetime. 

    (a) A joint account belongs, during the lifetime of all 
 parties, to the parties in proportion to the net contributions 
 by each to the sums on deposit, unless there is clear and 
 convincing evidence of a different intent.  

    (b) A P.O.D. account belongs to the original purchasing or 
 depositing party during the party's lifetime and not to the 
 P.O.D. payee or payees; if two or more parties are named as 
 original parties, during their lifetimes, rights as between them 
 are governed by clause (a).  

    HIST: 1973 c 619 s 4; 1985 c 292 s 12; 1994 c 472 s 63 

     524.6-204 Right of survivorship. 

    (a) Sums remaining on deposit at the death of a party to a 
 joint account belong to the surviving party or parties as 
 against the estate of the decedent unless there is clear and 
 convincing evidence of a different intention, or there is a 
 different disposition made by a valid will as herein provided, 
 specifically referring to such account.  If there are two or 
 more surviving parties, their respective ownerships during 
 lifetime shall be in proportion to their previous ownership 
 interests under section 524.6-203 augmented by an equal share 
 for each survivor of any interest the decedent may have owned in 
 the account immediately before death; and the right of 
 survivorship continues between the surviving parties.  The 
 interest so determined is also the interest disposable by will. 

    (b) If the account is a P.O.D. account, on the death of the 
 original party or of the survivor of two or more original 
 parties, any sums remaining on deposit belong to the P.O.D.  
 payees if surviving, or to the survivor of them if one or more 
 die before the surviving original party; if two or more P.O.D. 
 payees survive, there is no right of survivorship in event of 
 death of a P.O.D. payee thereafter unless the terms of the 
 account or deposit agreement expressly provide for survivorship 
 between them. 

    (c) In other cases, the death of any party to a 
 multiple-party account has no effect on beneficial ownership of 
 the account other than to transfer the rights of the decedent as 
 part of the estate.  

    (d) A right of survivorship arising from the express terms 
 of the account, or under this section, or under a P.O.D. payee 
 designation, may be changed by specific reference by will, but 
 the terms of such will shall not be binding upon any financial 
 institution unless it has been given a notice in writing of a 
 claim thereunder, in which event the deposit shall remain 
 undisbursed until an order has been made by the probate court 
 adjudicating the decedent's interest disposable by will.  

    HIST: 1973 c 619 s 5; 1985 c 292 s 13; 1994 c 472 s 63 

     524.6-205 Effect of a written notice to financial 
  institution. 

    The provisions of section 524.6-204 as to rights of 
 survivorship are determined by the form of the account at the 
 death of a party.  This form may be altered by written order 
 given by a party to the financial institution to change the form 
 of the account or to stop or vary payment under the terms of the 
 account.  The order or request must be signed by a party and 
 received by the financial institution during the party's 
 lifetime.  

    HIST: 1973 c 619 s 6; 1985 c 292 s 14; 1994 c 472 s 63 

     524.6-206 Accounts and transfers nontestamentary. 

    Any transfers resulting from the application of section 
 524.6-204 are effective by reason of the account contracts 
 involved and this statute, and are not to be considered as 
 subject to probate except as to the transfers expressly changed 
 by will, as provided for by section 524.6-204, clause (d).  

    HIST: 1973 c 619 s 7; 1985 c 292 s 15; 1994 c 472 s 63 

     524.6-207 Rights of creditors. 

    No multiple-party account will be effective against an 
 estate of a deceased party to transfer to a survivor sums needed 
 to pay debts, taxes, and expenses of administration, including 
 statutory allowances to the surviving spouse, minor children and 
 dependent children or against the state or a county agency with 
 a claim authorized by section 256B.15, if other assets of the 
 estate are insufficient, to the extent the deceased party is the 
 source of the funds or beneficial owner.  A surviving party or 
 P.O.D. payee who receives payment from a multiple-party account 
 after the death of a deceased party shall be liable to account 
 to the deceased party's personal representative or the state or 
 a county agency with a claim authorized by section 256B.15 for 
 amounts the decedent owned beneficially immediately before death 
 to the extent necessary to discharge any such claims and charges 
 remaining unpaid after the application of the assets of the 
 decedent's estate.  No proceeding to assert this liability shall 
 be commenced by the personal representative unless the personal 
 representative has received a written demand by a surviving 
 spouse, a creditor or one acting for a minor dependent child of 
 the decedent, and no proceeding shall be commenced later than 
 two years following the death of the decedent.  Sums recovered 
 by the personal representative shall be administered as part of 
 the decedent's estate.  This section shall not affect the right 
 of a financial institution to make payment on multiple-party 
 accounts according to the terms thereof, or make it liable to 
 the estate of a deceased party unless, before payment, the 
 institution has been served with process in a proceeding by the 
 personal representative or the state or a county agency with a 
 claim authorized by section 256B.15, or has been presented by 
 the state or a county agency with a claim authorized by section 
 256B.15 with an affidavit pursuant to section 524.3-1201.  Upon 
 being presented with such an affidavit, the financial 
 institution shall make payment of the multiple-party account to 
 the affiant in an amount equal to the lesser of the claim stated 
 in the affidavit or the extent to which the affidavit identifies 
 the decedent as the source of funds or beneficial owner of the 
 account. 

    HIST: 1973 c 619 s 8; 1985 c 292 s 16; 1994 c 472 s 63; 1995 c 
 207 art 2 s 35; 1997 c 217 art 2 s 19 

     524.6-208 Financial institution protection; payment on 
  signature of one party. 

    Financial institutions may enter into multiple-party 
 accounts to the same extent that they may enter into 
 single-party accounts.  Any multiple-party account may be paid, 
 on request, to any one or more of the parties.  A financial 
 institution shall not be required to inquire as to the source of 
 funds received for deposit to a multiple-party account, or to 
 inquire as to the proposed application of any sum withdrawn from 
 an account.  

    A minor may be a party to a joint account. 

    HIST: 1973 c 619 s 9; 1985 c 292 s 17; 1994 c 472 s 63 

     524.6-209 Financial institution protection; payment 
  after death or disability; joint account. 

    Any sums in a joint account may be paid, on request, to any 
 party without regard to whether any other party is incapacitated 
 or deceased at the time the payment is demanded; but payment may 
 not be made to the personal representative or heirs of a 
 deceased party unless proofs of death are presented to the 
 financial institution showing that the decedent was the last 
 surviving party or unless there is no right of survivorship 
 under section 524.6-204, or unless a will provides other 
 distribution; in which case the procedure set forth in section 
 524.6-204, clause (d), shall be followed.  A minor may be a 
 party to a joint account. 

    HIST: 1973 c 619 s 10; 1985 c 292 s 18; 1994 c 472 s 63 

     524.6-210 Financial institution protection; payment of 
  P.O.D. account. 

    Any P.O.D. account may be paid, on request, to any original 
 party to the account.  Payment of the interest of a P.O.D. payee 
 may be made, on request, to the P.O.D. payee or to the personal 
 representative or heirs of a deceased P.O.D. payee upon 
 presentation to the financial institution of proof of death 
 showing that the P.O.D. payee survived all persons named as 
 original parties.  Payment may be made to the personal 
 representative or heirs of a deceased original party if proof of 
 death is presented to the financial institution showing that the 
 original party was the survivor of all other persons named on 
 the account either as an original party or as P.O.D. payee. 

    HIST: 1973 c 619 s 11; 1985 c 292 s 19; 1994 c 472 s 63 

     524.6-211 Financial institution protection; discharge. 

    Payment made pursuant to sections 524.6-208 to 524.6-210 
 discharges the financial institution from all claims for amounts 
 so paid whether or not the payment is consistent with the 
 beneficial ownership of the account as between parties, P.O.D. 
 payees, or beneficiaries by will or otherwise, or their 
 successors.  The protection here given does not extend to 
 payments made after a financial institution has received written 
 notice from any person entitled to request payment to the effect 
 that withdrawals in accordance with the terms of the account 
 should not be permitted.  Unless the notice is withdrawn by the 
 person giving it, the successor of any deceased party and all 
 other parties entitled to payment must concur in any demand for 
 withdrawal if the financial institution is to be protected under 
 this section.  No other notice or any other information shown to 
 have been available to a financial institution shall affect its 
 right to the protection provided here.  The protection here 
 provided shall not affect the rights of parties in disputes 
 between themselves or their successors concerning the beneficial 
 ownership of funds in, or withdrawn from, multiple-party 
 accounts.  

    HIST: 1973 c 619 s 13; 1985 c 292 s 20; 1994 c 472 s 63 

     524.6-212 Financial institution protection; setoff.  

    Without qualifying any other statutory right to setoff or 
 lien and subject to any contractual provision, if a party to a 
 multiple-party account is indebted to a financial institution, 
 the financial institution has a right to setoff against the 
 account in which the party has or had immediately before death a 
 present right of withdrawal.  The amount of the account subject 
 to setoff is that proportion to which the debtor is, or was 
 immediately before death, beneficially entitled, and in the 
 absence of proof of net contributions, to an equal share with 
 all parties having present rights of withdrawal.  

    HIST: 1973 c 619 s 14; 1986 c 444; 1994 c 472 s 63 

     524.6-213 Forms. 

    Subdivision 1.    Survivorship account.  Deposits made 
 using a form of account containing the following language signed 
 by the depositor shall be conclusive evidence of the intent of 
 the depositor, in the absence of fraud or misrepresentation, 
 subject, nevertheless, to other disposition made by will as 
 provided in section 524.6-204, clause (d), to establish a 
 survivorship account: 

    (a) "I (we) direct that the balance remaining in this 
 account shall be PAYABLE ON DEATH (of the survivor of us) to: 

      ........................     ........................

      ........................     ........................

                 Signed:  .................................
                          .................................

    Dated:  .............." 

    (b) "I (we) intend and agree that the balance in this 
 account, upon the death of any party to this account, shall 
 belong to the surviving party, or if there are two or more 
 surviving parties, they shall take as JOINT TENANTS. 

                 Signed:  .................................

                          .................................

    Dated:  .............." 

    Subd. 2.    Account subject to power of attorney with no 
 survivorship rights.  Where no rights of survivorship are 
 intended and the account is one to be established for 
 convenience only between a depositor and an agent, the following 
 language is recommended for use, and when so used, the account 
 shall be construed as a matter of law to be an account subject 
 to a power of attorney with no survivorship rights, the form to 
 read as follows: 

    "I .................... (grantor of power), hereby 
 constitute and appoint .................... (grantee of power), 
 as my attorney-in-fact, to deposit or withdraw funds held in 
 .................... (name of bank), in account No. ............ 

                   Signed:  ............................... 

    Dated: 

    Acknowledgment:  In the presence of ....................... 
 (an authorized person), ....................... (name of 
 financial institution)."  

    The power so granted is subject to the provisions of 
 sections 508.72, 508A.72, and 523.01 to 523.24. 

    HIST: 1973 c 619 s 15; 1984 c 603 s 28; 1985 c 292 s 21; 
 1Sp1986 c 3 art 1 s 63; 1993 c 13 art 2 s 1; 1994 c 472 s 63 

     524.6-214 Citation.  

    Sections 524.6-201 to 524.6-214 may be cited as the 
 "Minnesota Multiparty Accounts Act."  

    HIST: 1973 c 619 s 1; 1987 c 384 art 2 s 1; 1994 c 472 s 63 

     524.6-301 Definitions. 

    In sections 524.6-301 to 524.6-311: 

    (1) "Beneficiary form" means a registration of a security 
 which indicates the present owner of the security and the 
 intention of the owner regarding the person who will become the 
 owner of the security upon the death of the owner. 

    (2) "Register," including its derivatives, means to issue a 
 certificate showing the ownership of a certificated security or, 
 in the case of an uncertificated security, to initiate or 
 transfer an account showing ownership of securities. 

    (3) "Registering entity" means a person who originates or 
 transfers a security title by registration, and includes a 
 broker maintaining security accounts for customers and a 
 transfer agent or other person acting for or as an issuer of 
 securities. 

    (4) "Security" means a share, participation, or other 
 interest in property, in a business, or in an obligation of an 
 enterprise or other issuer, and includes a certificated 
 security, an uncertificated security, and a security account. 

    (5) "Security account" means (i) a reinvestment account 
 associated with a security, a securities account with a broker, 
 a cash balance in a brokerage account, cash, interest, earnings, 
 or dividends earned or declared on a security in an account, a 
 reinvestment account, or a brokerage account, whether or not 
 credited to the account before the owner's death, or (ii) a cash 
 balance or other property held for or due to the owner of a 
 security as a replacement for or product of an account security, 
 whether or not credited to the account before the owner's death. 

    HIST: 1992 c 461 art 2 s 1 

     524.6-302 Registration in beneficiary form; sole or 
  joint tenancy ownership. 

    Only individuals whose registration of a security shows 
 sole ownership by one individual or multiple ownership by two or 
 more with right of survivorship, rather than as tenants in 
 common, may obtain registration in beneficiary form.  Multiple 
 owners of a security registered in beneficiary form hold as 
 joint tenants with right of survivorship, as tenants by the 
 entireties, or as owners of community property held in 
 survivorship form, and not as tenants in common.  

    HIST: 1992 c 461 art 2 s 2 

     524.6-303 Registration in beneficiary form; applicable 
  law. 

    A security may be registered in beneficiary form if the 
 form is authorized by this or a similar statute of the state of 
 organization of the issuer or registering entity, the location 
 of the registering entity's principal office, the office of its 
 transfer agent or its office making the registration, or by this 
 or a similar statute of the law of the state listed as the 
 owner's address at the time of registration.  A registration 
 governed by the law of a jurisdiction in which this or similar 
 legislation is not in force or was not in force when a 
 registration in beneficiary form was made is nevertheless 
 presumed to be valid and authorized as a matter of contract law. 

    HIST: 1992 c 461 art 2 s 3 

     524.6-304 Origination of registration in beneficiary 
  form. 

    A security, whether evidenced by certificate or account, is 
 registered in beneficiary form when the registration includes a 
 designation of a beneficiary to take the ownership at the death 
 of the owner or the deaths of all multiple owners. 

    HIST: 1992 c 461 art 2 s 4 

     524.6-305 Form of registration in beneficiary form. 

    Registration in beneficiary form may be shown by the words 
 "transfer on death" or the abbreviation "TOD," or by the words 
 "pay on death" or the abbreviation "POD," after the name of the 
 registered owner and before the name of a beneficiary. 

    HIST: 1992 c 461 art 2 s 5 

     524.6-306 Effect of registration in beneficiary form. 

    The designation of a TOD beneficiary on a registration in 
 beneficiary form has no effect on ownership until the owner's 
 death.  A registration of a security in beneficiary form may be 
 canceled or changed at any time by the sole owner or all then 
 surviving owners without the consent of the beneficiary. 

    HIST: 1992 c 461 art 2 s 6 

     524.6-307 Death of owner; creditors. 

    Subdivision 1.    Ownership on death of owner.  On death 
 of a sole owner or the last to die of all multiple owners, 
 ownership of securities registered in beneficiary form passes to 
 the beneficiary or beneficiaries who survive all owners.  On 
 proof of death of all owners and compliance with any applicable 
 requirements of the registering entity, a security registered in 
 beneficiary form may be reregistered in the name of the 
 beneficiary or beneficiaries who survive the death of all 
 owners.  Until division of the security after the death of all 
 owners, multiple beneficiaries surviving the death of all owners 
 hold their interests as tenants in common.  If no beneficiary 
 survives the death of all owners, the security belongs to the 
 estate of the deceased sole owner or the estate of the last to 
 die of all multiple owners. 

    Subd. 2.    Rights of creditors.  A registration in 
 beneficiary form is not effective against an estate of a 
 deceased sole owner or a deceased last to die of multiple owners 
 to transfer to a beneficiary or beneficiaries sums needed to pay 
 debts, taxes, and expenses of administration, including 
 statutory allowances to the surviving spouse, minor children, 
 and dependent children, if other assets of the estate are 
 insufficient.  A TOD beneficiary in whose name a security is 
 registered after the death of the owner is liable to account to 
 the deceased owner's personal representative for securities so 
 registered or their proceeds to the extent necessary to 
 discharge such claims and charges remaining unpaid after the 
 application of the assets of the decedent's estate.  A 
 proceeding to assert this liability may not be commenced unless 
 the personal representative has received a written demand by a 
 surviving spouse, a creditor, or one acting for a minor 
 dependent child of the decedent, and a proceeding may not be 
 commenced later than two years following the death of the 
 decedent.  A beneficiary against whom the proceeding is brought 
 may elect to transfer to the personal representative the 
 security registered in the name of the beneficiary after the 
 death of the deceased owner if the beneficiary still owns the 
 security, or the net proceeds received by the beneficiary upon 
 disposition of the security by the beneficiary, and that 
 transfer fully discharges the beneficiary from all liability 
 under this subdivision.  Amounts or securities recovered by the 
 personal representative must be administered as part of the 
 deceased owner's estate. 

    This subdivision does not affect the right of a registering 
 entity to register a security in the name of the beneficiary, or 
 make a registering entity liable to the estate of a deceased 
 owner, except for a reregistration after a registering entity 
 has received written notice from any claimant to an interest in 
 the security objecting to implementation of a registration in 
 beneficiary form. 

    HIST: 1992 c 461 art 2 s 7,8 

     524.6-308 Protection of registering entity. 

    (a) A registering entity is not required to offer or to 
 accept a request for security registration in beneficiary form.  
 If a registration in beneficiary form is offered by a 
 registering entity, the owner requesting registration in 
 beneficiary form assents to the protections given to the 
 registering entity by sections 524.6-301 to 524.6-311. 

    (b) By accepting a request for registration of a security 
 in beneficiary form, the registering entity agrees that the 
 registration will be implemented on death of the deceased owner 
 as provided in sections 524.6-301 to 524.6-311. 

    (c) A registering entity is discharged from all claims to a 
 security by the estate, creditors, heirs, or devisees of a 
 deceased owner if it registers a transfer of the security in 
 accordance with section 524.6-307 and does so in good faith 
 reliance (i) on the registration, (ii) on sections 524.6-301 to 
 524.6-311, and (iii) on information provided to it by affidavit 
 of the personal representative of the deceased owner, or by the 
 surviving beneficiary or by the surviving beneficiary's 
 representatives, or other information available to the 
 registering entity.  The protections of sections 524.6-301 to 
 524.6-311 do not extend to a reregistration or payment made 
 after a registering entity has received written notice from any 
 claimant to any interest in the security objecting to 
 implementation of a registration in beneficiary form.  No other 
 notice or other information available to the registering entity 
 affects its right to protection under sections 524.6-301 to 
 524.6-311. 

    (d) The protection provided by sections 524.6-301 to 
 524.6-311 to the registering entity of a security does not 
 affect the rights of beneficiaries in disputes between 
 themselves and other claimants to ownership of the security 
 transferred or its value or proceeds. 

    HIST: 1992 c 461 art 2 s 9 

     524.6-309 Nontestamentary transfer; revocation of 
  designation. 

    Subdivision 1.    Nontestamentary transfer on death.  
 (a) A transfer on death resulting from a registration in 
 beneficiary form is effective by reason of the contract 
 regarding the registration between the owner and the registering 
 entity and sections 524.6-301 to 524.6-311 and is not 
 testamentary. 

    (b) Sections 524.6-301 to 524.6-311 do not limit the rights 
 of creditors of security owners against beneficiaries and other 
 transferees under other laws of this state. 

    Subd. 2.   Revocation of beneficiary designation by will. 
  A registration in beneficiary form may be canceled by 
 specific reference to the security or the securities account in 
 the will of the sole owner or the last to die of multiple 
 owners, but the terms of the revocation are not binding on the 
 registering entity unless it has received written notice from 
 any claimant to an interest in the security objecting to 
 implementation of a registration in beneficiary form prior to 
 the registering entity reregistering the security.  If the 
 beneficiary designation is canceled, the security belongs to the 
 estate of the deceased sole owner or the estate or the last to 
 die of all multiple owners. 

    HIST: 1992 c 461 art 2 s 10,11 

     524.6-310 Terms, conditions, and forms for registration. 

    (a) A registering entity offering to accept registrations 
 in beneficiary form may establish the terms and conditions under 
 which it will receive requests (i) for registrations in 
 beneficiary form, and (ii) for implementation of registrations 
 in beneficiary form, including requests for cancellation of 
 previously registered TOD beneficiary designations and requests 
 for reregistration to effect a change of beneficiary.  The terms 
 and conditions so established may provide for proving death, 
 avoiding or resolving any problems concerning fractional shares, 
 designating primary and contingent beneficiaries, and 
 substituting a named beneficiary's descendants to take in the 
 place of the named beneficiary in the event of the beneficiary's 
 death.  Substitution may be indicated by appending to the name 
 of the primary beneficiary the letters LDPS, standing for 
 "lineal descendants per stirpes."  This designation substitutes 
 a deceased beneficiary's descendants who survive the owner for a 
 beneficiary who fails to so survive, the descendants to be 
 identified and to share in accordance with the law of the 
 beneficiary's domicile at the owner's death governing 
 inheritance by descendants of an intestate.  Other forms of 
 identifying beneficiaries who are to take on one or more 
 contingencies, and rules for providing proofs and assurances 
 needed to satisfy reasonable concerns by registering entities 
 regarding conditions and identities relevant to accurate 
 implementation of registrations in beneficiary form, may be 
 contained in a registering entity's terms and conditions. 

    (b) The following are illustrations of registrations in 
 beneficiary form which a registering entity may authorize: 

    (1) Sole owner-sole beneficiary:  John S. Brown TOD (or POD)
 John S. Brown Jr. 

    (2) Multiple owners-sole beneficiary:  John S. Brown Mary B.
 Brown JT TEN TOD John S. Brown Jr. 

    (3) Multiple owners-primary and secondary (substituted) 
 beneficiaries:  John S. Brown Mary B. Brown JT TEN TOD John S. 
 Brown Jr. SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown 
 JT TEN TOD John S. Brown Jr. LDPS. 

    HIST: 1992 c 461 art 2 s 12 

     524.6-311 Application. 

    Sections 524.6-301 to 524.6-311 apply to registrations of 
 securities in beneficiary form made before, on, or after June 1, 
 1992, by decedents dying on or after June 1, 1992. 

    HIST: 1992 c 461 art 2 s 13 

     524.8-101 Provisions for transition. 

    Except as provided elsewhere in this chapter, on the 
 effective date of this chapter: 

    (1) the chapter applies to any wills of decedents dying 
 thereafter; 

    (2) the chapter applies to any proceedings in court then 
 pending or thereafter commenced regardless of the time of the 
 death of decedent except to the extent that in the opinion of 
 the court the former procedure should be made applicable in a 
 particular case in the interest of justice or because of 
 infeasibility of application of the procedure of this chapter; 

    (3) every personal representative including a person 
 administering an estate of a minor or incompetent holding an 
 appointment on that date, continues to hold the appointment but 
 has only the powers conferred by this chapter and is subject to 
 the duties imposed with respect to any act occurring or done 
 thereafter; 

    (4) an act done before the effective date in any proceeding 
 and any accrued right is not impaired by this chapter.  If a 
 right is acquired, extinguished or barred upon the expiration of 
 a prescribed period of time which has commenced to run by the 
 provisions of any statute before the effective date, the 
 provisions shall remain in force with respect to that right; 

    (5) any rule of construction or presumption provided in 
 this chapter applies to instruments executed and multiple party 
 accounts opened before the effective date unless there is a 
 clear indication of a contrary intent. 

    HIST: 1974 c 442 art 8 s 524.8-101; 1975 c 347 s 80 

  524.8-102 Repealer. 

     524.8-103 Early effective date.  

    Notwithstanding section 524.8-101, the provisions of Laws 
 1974, chapter 442 relating to bonds found at sections 524.3-603 
 to 524.3-606 and Laws 1974, chapter 442, article 9, and that 
 portion of section 524.8-102 which repeals Minnesota Statutes 
 1971, sections 525.32 to 525.324, are effective August 1, 1974.  

    HIST: 1974 c 442 art 8 s 524.8-103