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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 524. Uniform probate code

Table of Sections
Section Headnote

Article 1

GENERAL PROVISIONS,

DEFINITIONS AND PROBATE

JURISDICTION OF COURT

Part 1

CITATION, CONSTRUCTION,

GENERAL PROVISIONS

524.1-101 Citation and numbering system.
524.1-102 Purposes; rule of construction.
524.1-103 Supplementary general principles of law applicable.
524.1-104 Severability.
524.1-105 [Repealed, 1975 c 347 s 144]
524.1-106 Effect of fraud and evasion.
524.1-107 Evidence as to death or status.
524.1-108 Acts by holder of general power.

Part 2

DEFINITIONS

524.1-201 General definitions.

Part 3

SCOPE, JURISDICTION

AND COURTS

524.1-301 Territorial application.
524.1-302 Subject matter jurisdiction.
524.1-303 Venue; multiple proceedings; transfer.
524.1-304 Practice in court.
524.1-305 [Repealed, 1975 c 347 s 144]
524.1-306 Jury trial.
524.1-307 Registrar; powers.
524.1-310 Verification of filed documents.

Part 4

NOTICE, PARTIES AND

REPRESENTATION IN ESTATE

LITIGATION AND OTHER MATTERS

524.1-401 Notice; method and time of giving.
524.1-402 Notice; waiver.
524.1-403 Pleadings; when parties bound by others; notice.
524.1-404 Notice to charitable beneficiaries.

Article 2

INTESTATE SUCCESSION AND WILLS

Part 1

INTESTATE SUCCESSION

524.2-101 Intestate estate.
524.2-102 Share of the spouse.
524.2-103 Share of heirs other than surviving spouse.
524.2-104 Requirement that heir survive decedent for 120 hours.
524.2-105 No taker.
524.2-106 Representation.
524.2-107 Degree of kindred and kindred of half blood.
524.2-108 After-born heirs.
524.2-109 Advancements.
524.2-110 Debts to decedent.
524.2-111 Alienage.
524.2-112 [Repealed, 1994 c 472 s 64]
524.2-113 Individuals related to decedent through two lines.
524.2-114 Meaning of child and related terms.
524.2-115 Instruments referencing intestacy laws.

Part 2

ELECTIVE SHARE OF

SURVIVING SPOUSE

524.2-201 Definitions.
524.2-202 Elective share.
524.2-203 Composition of the augmented estate.
524.2-204 Decedent's net probate estate.
524.2-205 Decedent's nonprobate transfers to others.
524.2-206 Decedent's nonprobate transfers to the surviving spouse.
524.2-207 Surviving spouse's property and nonprobate transfers to others.
524.2-208 Exclusions, valuation, and overlapping application.
524.2-209 Sources from which elective share payable.
524.2-210 Personal liability of recipients.
524.2-211 Proceeding for elective share; time limit.
524.2-212 Right of election personal to surviving spouse.
524.2-213 Waiver of right to elect and of other rights.
524.2-214 Protection of payors and other third parties.
524.2-215 Surviving spouse receiving medical assistance.

Part 3

SPOUSE AND CHILDREN

UNPROVIDED FOR IN WILLS

524.2-301 Entitlement of spouse; premarital will.
524.2-302 Omitted children.

Part 4

EXEMPT PROPERTY AND ALLOWANCES

524.2-401 Applicable law.
524.2-402 Descent of homestead.
524.2-403 Exempt property.
524.2-404 Family allowance.
524.2-405 Source, determination, and documentation.

Part 5

WILLS

524.2-501 Who may make a will.
524.2-502 Execution; witnessed wills.
524.2-504 Self-proved will.
524.2-505 Who may witness.
524.2-506 Choice of law as to execution.
524.2-507 Revocation by writing or by act.
524.2-508 Revocation by changes of circumstances.
524.2-509 Revival of revoked will.
524.2-510 Incorporation by reference.
524.2-511 Testamentary additions to trusts.
524.2-512 Events of independent significance.
524.2-513 Separate writing identifying bequest of tangible property.
524.2-514 Contracts concerning succession.
524.2-515 Deposit of will with court in testator's lifetime.
524.2-516 Duty of custodian of will; liability.
524.2-517 Penalty clause for contest.

Part 6

RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS

524.2-601 Scope.
524.2-602 Will may pass all property and after-acquired property.
524.2-603 Antilapse; deceased devisee; class gifts; words of survivorship.
524.2-604 Failure of testamentary provision.
524.2-605 Increase in securities; accessions.
524.2-606 Nonademption of specific devises; unpaid proceeds of sale, condemnation, or insurance; sale by conservator or guardian.
524.2-607 Nonexoneration.
524.2-608 Exercise of power of appointment.
524.2-609 Ademption by satisfaction.
524.2-610 [Repealed, 1994 c 472 s 64]
524.2-612 [Repealed, 1994 c 472 s 64]

Part 7

RULES OF CONSTRUCTION APPLICABLE TO WILLS

AND OTHER GOVERNING INSTRUMENTS

524.2-701 Scope.
524.2-702 Requirement of survival for 120 hours for devisees, beneficiaries of certain trusts, and appointees of certain powers of appointment; simultaneous death act for other cases.
524.2-703 Choice of law as to meaning and effect of governing instrument.
524.2-704 Power of appointment; meaning of specific reference requirement.
524.2-705 Class gifts construed to accord with intestate succession.
524.2-708 Class gifts to "descendants," "issue," or "heirs of the body"; form of distribution if none specified.
524.2-709 Representation; per stirpes; per capita at each generation.
524.2-711 Future interests in "heirs," "heirs at law," or "next of kin."

Part 8

GENERAL PROVISIONS

524.2-802 Effect of dissolution of marriage, annulment, and decree of separation.
524.2-803 Effect of homicide on intestate succession, wills, joint assets, life insurance and beneficiary designations.
524.2-804 Revocation by dissolution of marriage; no revocation by other changes of circumstances.

Part 10

INTERNATIONAL WILL

INFORMATION REGISTRATION

524.2-1001 Definitions.
524.2-1002 International will; validity.
524.2-1003 International will; requirements.
524.2-1004 International wills; other points of form.
524.2-1005 International will; certificate.
524.2-1006 International will; effect of certificate.
524.2-1007 International will; revocation.
524.2-1008 Source and construction.
524.2-1009 Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.
524.2-1010 International will information registration.

Article 3

PROBATE OF WILLS

AND ADMINISTRATION

Part 1

GENERAL PROVISIONS

524.3-101 Devolution of estate at death; restrictions.
524.3-102 Necessity of order of probate for will.
524.3-103 Necessity of appointment for administration.
524.3-104 Claims against decedent; necessity of administration.
524.3-105 Proceedings affecting devolution and administration; jurisdiction of subject matter.
524.3-106 Proceedings within the exclusive jurisdiction of court; service; jurisdiction over persons.
524.3-107 Scope of proceedings; proceedings independent; exception.
524.3-108 Probate, testacy and appointment proceedings; ultimate time limit.
524.3-109 Statutes of limitation on decedent's cause of action.

Part 2

VENUE FOR PROBATE AND

ADMINISTRATION; PRIORITY TO

ADMINISTER; DEMAND FOR NOTICE

524.3-201 Venue for first and subsequent estate proceedings; location of property.
524.3-202 Appointment or testacy proceedings; conflicting claim of domicile in another state.
524.3-203 Priority among persons seeking appointment as personal representative.
524.3-204 Demand for notice of order or filing concerning decedent's estate.

Part 3

INFORMAL PROBATE AND

APPOINTMENT PROCEEDINGS

524.3-301 Informal probate or appointment proceedings; application; contents.
524.3-302 Informal probate; duty of registrar; effect of informal probate.
524.3-303 Informal probate; proof and findings required.
524.3-304 [Repealed, 1975 c 347 s 144]
524.3-305 Informal probate; registrar not satisfied.
524.3-306 Informal probate; notice requirements.
524.3-307 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment.
524.3-308 Informal appointment proceedings; proof and findings required.
524.3-309 Informal appointment proceedings; registrar not satisfied.
524.3-310 Informal appointment proceedings; notice requirements.
524.3-311 Informal appointment unavailable in certain cases.

Part 4

FORMAL TESTACY AND

APPOINTMENT PROCEEDINGS

524.3-401 Formal testacy proceedings; nature; when commenced.
524.3-402 Formal testacy or appointment proceedings; petition; contents.
524.3-403 Formal testacy proceeding; notice of hearing on petition.
524.3-404 Formal testacy proceedings; written objections to probate.
524.3-405 Formal testacy proceedings; uncontested cases; hearings and proof.
524.3-406 Formal testacy proceedings; contested cases; testimony of attesting witnesses.
524.3-407 Formal testacy proceedings; burdens in contested cases.
524.3-408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction.
524.3-409 Formal testacy proceedings; order; foreign will.
524.3-410 Formal testacy proceedings; probate of more than one instrument.
524.3-411 Formal testacy proceedings; partial intestacy.
524.3-412 Formal testacy proceedings; effect of order; vacation.
524.3-413 Formal testacy proceedings; vacation of order for other cause and modification of orders, judgments, and decrees.
524.3-414 Formal proceedings concerning appointment of personal representative.

Part 5

SUPERVISED ADMINISTRATION

524.3-501 Supervised administration; nature of proceeding.
524.3-502 Supervised administration; petition; order.
524.3-503 Supervised administration; effect on other proceedings.
524.3-504 Supervised administration; powers of personal representative.
524.3-505 Supervised administration; interim orders; distribution and closing orders.

Part 6

PERSONAL REPRESENTATIVE;

APPOINTMENT, CONTROL AND

TERMINATION OF AUTHORITY

524.3-601 Qualification.
524.3-602 Acceptance of appointment; consent to jurisdiction.
524.3-603 Bond not required without court order; exceptions.
524.3-604 Bond amount; security; procedure; reduction.
524.3-605 Demand for bond by interested person.
524.3-606 Terms and conditions of bonds.
524.3-607 Order restraining personal representative.
524.3-608 Termination of appointment; general.
524.3-609 Termination of appointment; death or disability.
524.3-610 Termination of appointment; voluntary.
524.3-611 Termination of appointment by removal; cause; procedure.
524.3-612 Termination of appointment; change of testacy status.
524.3-613 Successor personal representative.
524.3-614 Special administrator; appointment.
524.3-615 Special administrator; who may be appointed.
524.3-616 Special administrator; appointed informally; powers and duties.
524.3-617 Special administrator; formal proceedings; power and duties.
524.3-618 Termination of appointment; special administrator.

Part 7

DUTIES AND POWERS OF

PERSONAL REPRESENTATIVES

524.3-701 Time of accrual of duties and powers.
524.3-702 Priority among different letters.
524.3-703 General duties; relation and liability to persons interested in estate; standing to sue.
524.3-704 Personal representative to proceed without court order; exception.
524.3-705 [Repealed, 1975 c 347 s 144]
524.3-706 Duty of personal representative; inventory and appraisement.
524.3-707 Employment of appraisers.
524.3-708 Duty of personal representative; supplementary inventory.
524.3-709 Duty of personal representative; possession of estate.
524.3-710 Power to avoid transfers.
524.3-711 Powers of personal representatives; in general.
524.3-712 Improper exercise of power; breach of fiduciary duty.
524.3-713 Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions.
524.3-714 Persons dealing with personal representative; protection.
524.3-715 Transactions authorized for personal representatives; exceptions.
524.3-716 Powers and duties of successor personal representative.
524.3-717 Corepresentatives; when joint action required.
524.3-718 Powers of surviving personal representative.
524.3-719 Compensation of personal representative.
524.3-720 Expenses in estate litigation.
524.3-721 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.

Part 8

CREDITORS' CLAIMS

524.3-801 Notice to creditors.
524.3-802 Statutes of limitations.
524.3-803 Limitations on presentation of claims.
524.3-804 Manner of presentation of claims.
524.3-805 Classification of claims.
524.3-806 Allowance of claims.
524.3-807 Payment of claims.
524.3-808 Individual liability of personal representative.
524.3-809 Secured claims.
524.3-810 Claims not due and contingent or unliquidated claims.
524.3-811 Counterclaims.
524.3-812 Execution and levies prohibited.
524.3-813 Compromise of claims.
524.3-814 Encumbered assets.
524.3-815 Administration in more than one state; duty of personal representative.
524.3-816 Final distribution to domiciliary representative.
524.3-817 Joint contract claims.

Part 9

SPECIAL PROVISIONS RELATING

TO DISTRIBUTION

524.3-901 Successors' rights if no administration.
524.3-902 Distribution; order in which assets appropriated; abatement.
524.3-903 Right of retainer.
524.3-904 Interest on general pecuniary devise.
524.3-905 [Repealed, 1994 c 472 s 64]
524.3-906 Distribution in kind; valuation; method.
524.3-907 Distribution in kind; evidence.
524.3-908 Distribution; right or title of distributee.
524.3-909 Improper distribution; liability of distributee.
524.3-910 Purchasers from distributees protected.
524.3-911 Partition for purpose of distribution.
524.3-912 Private agreements among successors to decedent binding on personal representative.
524.3-913 Distributions to trustee.
524.3-914 Unclaimed assets.
524.3-915 Distribution to person under disability.
524.3-916 Apportionment of estate taxes and generation-skipping tax.

Part 10

CLOSING ESTATES

524.3-1001 Formal proceedings terminating administration; testate or intestate; order of distribution, decree, and general protection.
524.3-1002 Formal proceedings terminating testate administration; order construing will without adjudicating testacy.
524.3-1003 Closing estates; by sworn statement of personal representative.
524.3-1004 Liability of distributees to claimants.
524.3-1005 Limitations on proceedings against personal representative.
524.3-1006 Limitations on actions and proceedings against distributees.
524.3-1007 Certificate discharging liens securing fiduciary performance.
524.3-1008 Subsequent administration.

Part 11

COMPROMISE OF CONTROVERSIES

524.3-1101 Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons.
524.3-1102 Procedure for securing court approval of compromise.

Part 12

COLLECTION OF PERSONAL PROPERTY

BY AFFIDAVIT AND SUMMARY

ADMINISTRATION PROCEDURE

FOR SMALL ESTATES

524.3-1201 Collection of personal property by affidavit.
524.3-1202 Effect of affidavit.
524.3-1203 Summary proceedings.
524.3-1204 Small estates; closing by sworn statement of personal representative.

Article 4

FOREIGN PERSONAL REPRESENTATIVES;

ANCILLARY ADMINISTRATION

Part 1

DEFINITIONS

524.4-101 Definitions.

Part 2

POWERS OF FOREIGN

PERSONAL REPRESENTATIVES

524.4-201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.
524.4-202 Payment or delivery discharges.
524.4-203 Resident creditor notice.
524.4-204 Proof of authority-bond.
524.4-205 Powers.
524.4-206 Power of representatives in transition.
524.4-207 Ancillary and other local administrations; provisions governing.

Part 3

JURISDICTION OVER

FOREIGN REPRESENTATIVES

524.4-301 Jurisdiction by act of foreign personal representative.
524.4-302 Jurisdiction by act of decedent.
524.4-303 Service on foreign and nonresident personal representatives.

Part 4

JUDGMENTS AND

PERSONAL REPRESENTATIVE

524.4-401 Effect of adjudication for or against personal representative.

Article 5

PROTECTION OF PERSONS UNDER

DISABILITY AND THEIR PROPERTY

Part 1

GENERAL PROVISIONS

524.5-101 Short title.
524.5-102 Definitions.
524.5-103 Supplemental general principles of law applicable.
524.5-104 Facility of transfer.
524.5-106 Subject-matter jurisdiction.
524.5-107 Transfer of jurisdiction.
524.5-108 Venue.
524.5-109 Practice in court.
524.5-110 Letters of office.
524.5-111 Effect of acceptance of appointment.
524.5-112 Termination of or change in guardian's or conservator's appointment.
524.5-113 Notice.
524.5-114 Waiver of notice.
524.5-115 Guardian ad litem.
524.5-117 Multiple appointments or nominations.
524.5-118 Background study.

PART 2

GUARDIAN OF MINOR

524.5-201 Appointment and status of guardian.
524.5-202 Parental appointment of guardian.
524.5-203 Objection by minor or others to parental appointment.
524.5-204 Judicial appointment of guardian: conditions for appointment.
524.5-205 Judicial appointment of guardian: procedure.
524.5-206 Judicial appointment of guardian: priority of minor's nominee, limited guardianship.
524.5-207 Powers and duties of guardian.
524.5-209 Rights and immunities of guardian.
524.5-210 Termination of guardianship; other proceedings after appointment.
524.5-211 Delegation of power by parent or guardian.

PART 3

GUARDIAN OF INCAPACITATED PERSON

524.5-301 Appointment and status of guardian.
524.5-302 Appointment of guardian by will or other writing.
524.5-303 Judicial appointment of guardian: petition.
524.5-304 Judicial appointment of guardian: preliminaries to hearing.
524.5-307 Judicial appointment of guardian; presence and rights at hearing.
524.5-308 Notice.
524.5-309 Who may be guardian: priorities.
524.5-310 Findings; order of appointment.
524.5-311 Emergency guardian.
524.5-312 Temporary substitute guardian.
524.5-313 Powers and duties of guardian.
524.5-315 Rights and immunities of guardian; limitations.
524.5-316 Reports; monitoring of guardianship.
524.5-317 Termination or modification of guardianship.

PART 4

PROTECTION OF PROPERTY OF PROTECTED PERSON

524.5-401 Protective proceeding.
524.5-402 Jurisdiction over business affairs of protected person.
524.5-403 Original petition for appointment or protective order.
524.5-404 Notice.
524.5-405 Original petition: minors; preliminaries to hearing.
524.5-406 Original petition: persons under disability; preliminaries to hearing.
524.5-408 Original petition: procedure at hearing.
524.5-409 Findings; order of appointment.
524.5-410 Powers of court.
524.5-411 Required court approval.
524.5-412 Protective arrangements and single transactions.
524.5-413 Who may be conservator; priorities.
524.5-414 Petition for order subsequent to appointment.
524.5-415 Bond.
524.5-416 Terms and requirements of bond.
524.5-417 General powers and duties of conservator.
524.5-418 General powers and duties of conservator with respect to real property.
524.5-419 Inventory; records.
524.5-420 Reports; appointment of visitor; monitoring.
524.5-421 Title after appointment.
524.5-422 Protected person's interest nonalienable.
524.5-423 Sale, encumbrance, or other transaction involving conflict of interest.
524.5-424 Protection of person dealing with conservator.
524.5-426 Delegation.
524.5-427 Principles of distribution by conservator.
524.5-428 Death of protected person.
524.5-429 Claims against protected person.
524.5-430 Personal liability of conservator.
524.5-431 Termination of proceedings.
524.5-432 Payment of debt and delivery of property to foreign conservator without local proceeding.
524.5-433 Foreign conservator: proof of authority; bond; powers.

PART 5

MISCELLANEOUS PROVISIONS

524.5-501 Guardianship, conservatorship; workers' compensation proceedings.
524.5-502 Compensation and expenses.
524.5-505 [Repealed, 2003 c 12 art 2 s 8]

Article 6

NONPROBATE TRANSFERS ON DEATH (1989)

Part 2

MINNESOTA MULTIPARTY ACCOUNTS ACT

524.6-201 Definitions.
524.6-202 Ownership as between parties, and others; protection of financial institutions.
524.6-203 Ownership during lifetime.
524.6-204 Right of survivorship.
524.6-205 Effect of a written notice to financial institution.
524.6-206 Accounts and transfers nontestamentary.
524.6-207 Rights of creditors.
524.6-208 Financial institution protection; payment on signature of one party.
524.6-209 Financial institution protection; payment after death or disability; joint account.
524.6-210 Financial institution protection; payment of P.O.D. account.
524.6-211 Financial institution protection; discharge.
524.6-212 Financial institution protection; setoff.
524.6-213 Forms.
524.6-214 Citation.

Part 3

UNIFORM TOD SECURITY REGISTRATION ACT

524.6-301 Definitions.
524.6-302 Registration in beneficiary form; sole or joint tenancy ownership.
524.6-303 Registration in beneficiary form; applicable law.
524.6-304 Origination of registration in beneficiary form.
524.6-305 Form of registration in beneficiary form.
524.6-306 Effect of registration in beneficiary form.
524.6-307 Death of owner; creditors.
524.6-308 Protection of registering entity.
524.6-309 Nontestamentary transfer; revocation of designation.
524.6-310 Terms, conditions, and forms for registration.
524.6-311 Application.

Article 8

Part 1

EFFECTIVE DATE AND REPEALER

524.8-101 Provisions for transition.
524.8-102 Repealer.
524.8-103 Early effective date.