2005 Minnesota Statutes

CHAPTER 525. Probate proceedings

POWERS OF COURT

  525.01 Renumbered 487.01 

  525.0105 Repealed, 1971 c 951 s 44 

     525.011 Civil and criminal jurisdiction. 

    Subdivision 1.    Jurisdiction.  Except in the counties of 
 Hennepin and 
 Ramsey the probate court shall also exercise the powers, duties 
 and jurisdiction conferred upon courts by chapters 487 and 492. 

    Subd. 2.    Supplies; equipment; personnel.  The county board of 
 a county in which additional 
 powers, duties and jurisdictions are conferred upon the probate 
 court by subdivision 1, shall provide and furnish to the probate 
 court such supplies, equipment and personnel as may be necessary 
 for the purposes of the subdivision.  

    Subd. 3.    Exercise of powers and duties.  The court 
 administrator of the probate court of a 
 county in which additional powers, duties and jurisdictions are 
 conferred upon probate court by subdivision 1 shall exercise 
 such powers and duties as the probate judge may direct in order 
 to enable the probate court to carry out the provisions of 
 subdivision 1.  

    HIST: 1959 c 494 s 1; 1971 c 166 s 1; 1979 c 41 s 7; 1Sp1986 c 
 3 art 1 s 82; 1995 c 186 s 97 

     525.012 Fees, fines, and costs.  

    Subdivision 1.  Repealed, 1989 c 335 art 3 s 57 subd 2 

    Subd. 2.  Repealed, 1989 c 335 art 3 s 57 subd 2 

    Subd. 3.  Repealed, 1989 c 335 art 3 s 57 subd 2 

    Subd. 4.  Repealed, 1989 c 335 art 3 s 57 subd 2 

    Subd. 5.    Witness fees.  The court administrator shall pay 
 such fees and 
 mileage to witnesses as may be ordered by the probate judge in 
 any action or proceeding involving a charged violation of 
 criminal law or municipal ordinance.  The court administrator 
 shall obtain receipts therefor as vouchers for the sums paid and 
 shall deduct these payments from the amounts otherwise due the 
 officers to whom the court administrator is required to pay 
 fees, costs, and fines.  If the court administrator is without 
 funds to make the payments required by this subdivision, the 
 witnesses shall be paid, upon certification by the court 
 administrator, by the city whose municipal ordinance, charter 
 provision, rule, or regulation is involved in the proceeding, 
 and in other cases by the county in which the court is 
 situated.  No witness fees under this subdivision shall be paid 
 in advance.  No public officer or employee shall be paid any 
 witness fees when called upon to testify in a matter resulting 
 from public employment.  

    HIST: 1959 c 494 s 2; 1973 c 123 art 5 s 7; 1986 c 444; 
 1Sp1986 c 3 art 1 s 82 

     525.013 Jury trials. 

    Subdivision 1.    Applicable laws.  Except as otherwise provided 
 in chapter 
 487, the laws relating to jury trials in the district court 
 apply to jury trials in a probate court under sections 525.011 
 to 525.015. 

    Subd. 2.  Repealed, 1977 c 201 s 2 

    Subd. 2a.    Selection of jurors.  Petit jurors for the trial of 
 all types of 
 action shall be selected in the same manner as petit jurors are 
 selected in district court. 

    Subd. 3.  Repealed, 1977 c 201 s 2 

    Subd. 4.    List; venire.  Petit jurors shall be drawn from the 
 list of 
 persons properly qualified.  The court administrator of probate 
 court shall issue a venire for the jurors drawn which shall be 
 returnable on such dates and hours as the judge directs.  No 
 person shall be drawn as a juror more than once every two years. 

    Subd. 5.    Special venire.  When necessary, the court may issue 
 a special 
 venire. 

    Subd. 6.    Contempt of court.  Failure to attend as a juror 
 when duly drawn and 
 summoned is punishable as contempt of court. 

    Subd. 7.    Juror pay.  Jurors shall be paid by the county in 
 which the 
 court is situated the same compensation and mileage as 
 prescribed by law for jurors in the district court.  The court 
 administrator of probate court shall deliver to each juror a 
 certificate showing the number of days of service and the 
 mileage for which the juror is entitled to receive 
 compensation.  This certificate shall be filed with the county 
 auditor in which the court is situated and the amount due shall 
 be paid from the treasury of such county.  The certificate is a 
 proper and sufficient voucher for the issuance of a warrant.  
 Any juror regularly summoned who actually attends at the time 
 named in such summons is entitled to per diem and mileage 
 whether or not sworn as a juror. 

    Subd. 8.    Request for jury.  Whenever a petit jury is desired 
 by a party to a 
 proceeding in probate court under sections 525.011 to 525.015, 
 and such jury is permitted by law, such party shall request such 
 jury, in writing, when the case is set for trial and pay the 
 fees prescribed by chapter 487.  The court, by order, may waive 
 the payment of jury fees in a criminal case if it appears that 
 the defendant is unable to make such payment. 

    HIST: 1959 c 494 s 3; 1977 c 201 s 1; 1979 c 41 s 8,9; 1986 c 
 444; 1Sp1986 c 3 art 1 s 82 

     525.014 Pleading, practice, procedure, and appeals. 

    Subdivision 1.    Same as county court.  Pleading, practice, 
 procedure, and the 
 forms thereof in civil actions shall be the same in probate 
 court as in the county court under chapter 487. 

    Subd. 2.    Appeals.  Appeals from any judgment of a probate 
 court 
 exercising the powers, duties, and jurisdiction in certain civil 
 and criminal cases under sections 525.011 to 525.015, shall be 
 made in the same manner as in the county courts under chapter 
 487. 

    HIST: 1959 c 494 s 4; 1961 c 238 s 1; 1979 c 41 s 10 

     525.015 Judgments.  

    No judgment of a probate court under sections 525.011 to 
 525.015 shall be a lien upon the real estate until a transcript 
 thereof is filed and docketed with the court administrator of 
 the district court.  If no execution thereon be outstanding, the 
 judgment creditor may cause such transcript to be docketed in 
 the same county, and thereafter execution may issue from either 
 court.  The court administrator with whom the transcript is so 
 filed may issue transcripts to be filed and docketed in other 
 counties, as in the case of a judgment originally rendered in 
 the court administrator's court.  When docketed as herein 
 provided, the judgment shall have the same force and effect in 
 all respects as the judgment of the district court.  

    HIST: 1959 c 494 s 5; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     525.02 Powers.  

    In addition to its general powers, the court shall have 
 power to correct, modify, vacate, or amend its records, orders 
 and decrees: 

    (a) At any time, for the correction of clerical error or 
 pursuant to the provisions of section 524.3-413.  

    (b) Within the time for taking an appeal, for the 
 correction of judicial error; 

    (c) Within two years after petitioner's discovery thereof, 
 for fraud, whether intrinsic or extrinsic, or misrepresentation 
 unless petitioner be a party to such fraud; 

    (d) Within two years after the date of filing of any 
 record, order or decree, for excusable neglect, inadvertence or 
 mistake. 

    In any case, the petitioner must proceed with due diligence 
 and may be barred by laches or the court may deny relief where 
 it appears that the granting thereof would be inequitable in 
 view of all the facts and circumstances appearing.  

    HIST: (8992-2) 1935 c 72 s 2; 1965 c 563 s 1; 1975 c 347 s 81 

     525.03 Records. 

    The court shall keep the following records: 

    (1) an index to the court records, in which all proceedings 
 shall be entered in alphabetical order under the name of the 
 subject person, together with the case number and the date of 
 the filing of the first document; 

    (2) a register, in which shall be entered the title of each 
 proceeding, the case number and a listing of each document filed 
 with the date of the filing.  

    HIST: (8992-3) 1935 c 72 s 3; 1937 c 435 s 1,2; 1959 c 100 s 
 1; 1975 c 347 s 82; 1982 c 592 s 2 

     525.031 Fees for copies. 

    The fees for copies of all documents shall be the same as 
 the fee established for such copies on civil proceedings under 
 section 357.021, subdivision 2. 

    HIST: (8992-4) 1935 c 72 s 4; 1967 c 128 s 1; 1986 c 442 s 13 

     525.033 Fees for filing petitions. 

    The district court shall collect a fee as established by 
 section 357.021, subdivision 2, clause (1), for filing a 
 petition to commence a proceeding under this chapter and chapter 
 524.  The fee for copies of all documents in probate proceedings 
 must be the same as the fee established for certified copies in 
 civil proceedings under section 357.021, subdivision 2.  Fees 
 collected under this section and section 525.031 must be 
 forwarded to the commissioner of finance for deposit in the 
 state treasury and credited to the general fund. 

    HIST: 1978 c 730 s 3; 1986 c 442 s 14; 1987 c 11 s 1; 1989 c 
 335 art 3 s 35; 1995 c 189 s 8; 1996 c 277 s 1; 2003 c 112 art 2 
 s 50 

PERSONNEL

  525.04 Repealed, 1Sp1981 c 4 art 3 s 8 

     525.041 Written decision shall be filed within 90 days; 
  mandatory.  

    The decision of every issue of law or fact shall be in 
 writing and shall be filed within 90 days after submission 
 unless prevented by illness or casualty.  

    Upon the filing of any appealable order, judgment, or 
 decree, except in uncontested matters or where the final 
 decision was announced at the hearing, the court shall give 
 notice by mail of such filing to each party, or the attorney, 
 who appeared of record at the hearing.  

    HIST: (8992-6) 1935 c 72 s 6; 1967 c 317 s 1; 1986 c 444 

     525.05 Judge or referee; grounds for disqualification. 

    The following shall be grounds for disqualification of any 
 judge or referee from acting in any matter:  (1) That the judge 
 or the judge's spouse or any of either of their kin nearer than 
 first cousin is interested as representative, heir, devisee, 
 legatee, ward, or creditor in the estate involved therein; (2) 
 that it involves the validity or interpretation of a will drawn 
 or witnessed by the judge; (3) that the judge may be a necessary 
 witness in the matter; (4) that it involves a property right in 
 respect to which the judge has been engaged or is engaged as an 
 attorney; or (5) that the judge was engaged in a joint 
 enterprise for profit with the decedent at the time of death or 
 that the judge is then engaged in a joint enterprise for profit 
 with any person interested in the matter as representative, 
 heir, devisee, legatee, ward, or creditor.  When grounds for 
 disqualification exist, the judge may, and upon proper petition 
 of any person interested in the estate must, request another 
 judge or a judge who has retired as provided in section 490.12, 
 subdivision 2, to act in the judge's stead in the matter. 

    HIST: (8992-7) 1935 c 72 s 7; 1961 c 6 s 1; 1981 c 31 s 12; 
 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1 

     525.051 Temporary assignment of judges.  

    Whenever by reason of disqualification, absence, illness, 
 incapacity or other cause, the probate judge of any county is 
 unable to act, or whenever the interest of the public or of any 
 person interested in any matter requires that such probate judge 
 should not act, any other probate judge, or probate judge who 
 has retired as a probate judge, and who consents so to act, may 
 be assigned to serve and discharge the duties of such probate 
 judge in the judge's stead at such times or for such purposes as 
 may be directed by order of such probate judge or in the event 
 of death or refusal, failure, or inability so to order as 
 determined by the chief judge of the district court of the 
 judicial district in which the county is situated, by order of 
 such chief judge.  Any probate judge or retired probate judge 
 temporarily assigned to serve and discharge the duties of the 
 probate judge in such other county shall be reimbursed for all 
 reasonable and necessary mileage and expenses and may, when so 
 ordered by such chief judge, be paid such additional 
 compensation as such chief judge shall fix, but in no event 
 shall any compensation so paid exceed the rate of compensation 
 prescribed by law as the salary of the probate judge in the 
 county in which said probate judge or retired probate judge is 
 temporarily assigned.  It shall be the duty of the county to 
 which a probate judge or retired probate judge is temporarily 
 assigned to make payment to such probate judge or retired 
 probate judge of all amounts due under the provisions hereof for 
 mileage, expenses or compensation.  

    Any substitute judge while acting in such capacity shall 
 have all the power, authority, and jurisdiction of the resident 
 judge, including juvenile, municipal or other jurisdiction 
 conferred by law, irrespective of the nature of the jurisdiction 
 of the substitute judge in the county from which called to serve.

    HIST: (8992-8) 1935 c 72 s 8; Ex1959 c 60 s 1; 1961 c 267 s 1; 
 1986 c 444 

     525.052 Insanity of judge.  

    When a verified petition of five voters of any county is 
 presented to a judge of the district court stating that the 
 probate judge of such county is insane and incapacitated to act 
 by reason of mental disability, such district judge shall 
 examine into such alleged insanity or mental disability in the 
 manner provided by law for examinations of insane persons by 
 probate judges.  If, upon the examination, such probate judge is 
 found to be insane or incapacitated to act by reason of mental 
 disability, the district judge shall certify such findings to 
 the governor, who shall thereupon declare the office of such 
 probate judge vacant and fill the same by appointment.  

    HIST: (8992-9) 1935 c 72 s 9 

     525.053 Delivery to successor.  

    When the term of office of any judge expires, the judge 
 shall deliver to the successor all books, records, and papers in 
 the judge's possession relating to that office.  Upon failure to 
 do so within five days after demand by the successor, the judge 
 shall be guilty of a gross misdemeanor.  

    HIST: (8992-10) 1935 c 72 s 10; 1986 c 444 

     525.06 Annual assemblage. 

    The judges of the probate courts shall assemble each year 
 at such places and times as may be designated by the probate 
 judges' according to rule governing their meetings, and any 30 
 of them constitute a quorum. 

    HIST: (8992-11) 1935 c 72 s 11; 1967 c 317 s 2; 1987 c 377 s 
 11 

     525.07 Acting as counsel prohibited.  

    No judge, referee, registrar, court administrator, deputy 
 court administrator, or employee of any court, or the law 
 partner of any of them, shall be counsel or attorney in any 
 action or proceedings for or against any devisee, legatee, heir, 
 creditor, representative, or ward over whom, or whose estate, 
 claim, or accounts such court has jurisdiction.  Except in 
 matters relating to commitments, none of them shall give counsel 
 or advice, or draw or prepare any paper relating to any matter 
 which is or may be brought before such court, except orders, 
 judgments, decrees, executions, warrants, certificates, or 
 subpoenas issuing out of such court.  No judge, referee, 
 registrar, or court administrator shall keep or hold official 
 office with any practicing attorney.  

    HIST: (8992-12) 1935 c 72 s 12; 1975 c 347 s 83; 1986 c 444; 
 1Sp1986 c 3 art 1 s 82 

     525.08 Salaries.  

    The salaries of the judges, referees, registrars, court 
 administrators, reporters, and employees shall be as provided by 
 law, but the salaries of the registrars, court administrators 
 and employees shall be fixed by the judge within the budget 
 approved by the board of county commissioners, subject to the 
 provisions of section 382.265.  

    HIST: (8992-13) 1935 c 72 s 13; 1967 c 317 s 3; 1975 c 347 s 
 84; 1Sp1986 c 3 art 1 s 82 

     525.081 Practice of law; appraisals. 

    Subdivision 1.  Repealed, 1977 c 432 s 49 

    Subd. 2.  Repealed, 1977 c 432 s 49 

    Subd. 3.  Repealed, 1977 c 432 s 49 

    Subd. 4.  Repealed, 1977 c 432 s 49 

    Subd. 5.  Repealed, 1977 c 432 s 49 

    Subd. 6.  Repealed, 1977 c 432 s 49 

    Subd. 7.    Prohibition.  No judge of the probate court shall 
 practice as 
 an attorney or counselor at law, nor be a partner of any 
 practicing attorney in the business of the judge's profession, 
 nor serve as an appraiser in any estate proceeding. 

    Subd. 8.  Repealed, 1977 c 432 s 49 

    Subd. 9.  Repealed, 1977 c 432 s 49 

    HIST: 1961 c 596 s 1; 1965 c 826 s 1; Ex1967 c 54 s 1; 1969 c 
 1023 s 1-3; 1971 c 81 s 2; 1973 c 654 s 15; 1975 c 271 s 6; 1977 
 c 432 s 44; 1986 c 444 

     525.082 Judicial officers, increase in compensation. 

    Notwithstanding any law to the contrary, or any provision 
 of Laws 1971, chapter 951, the salaries of all judges of probate 
 as provided under section 525.081, subdivisions 1 and 2, who do 
 not become county court judges, but who are eligible to serve 
 out the balance of their term as judicial officers of the county 
 district court as provided in Laws 1971, chapter 951, shall be 
 increased by ten percent of the amount provided for and received 
 by the judge under the provisions of section 525.081, 
 subdivisions 1 and 2, which salary shall be the salary for the 
 balance of the term for which they are elected, and which salary 
 shall determine any retirement and spouse's survivorship to 
 which the judge and the judge's spouse may be entitled to under 
 the laws pertaining thereto. 

    HIST: Ex1971 c 32 s 26 subd 1; 1981 c 31 s 13 

     525.09 Court administrators; appointment; powers.  

    The judge may appoint a court administrator, deputy court 
 administrators, and employees as provided by law, to hold office 
 during the judge's pleasure, who shall perform the duties 
 imposed by law and such judge.  Such appointments shall be in 
 writing and filed in such court.  Before entering upon the 
 duties of office, each court administrator and such deputy court 
 administrators and employees designated by the court shall 
 execute a bond to the state in the amount of $1,000 approved by 
 the county board and conditioned upon the faithful discharge of 
 duties.  Such bond with the oath of the appointee shall be 
 recorded in the office of the county recorder.  The premiums on 
 such bonds and the expenses of such recording and filing shall 
 be paid by the county.  An action may be maintained on such bond 
 by any person aggrieved by the violation of the conditions 
 thereof.  A court administrator or deputy court administrator 
 may take acknowledgments, administer oaths, authenticate, 
 exemplify, or certify copies of instruments, documents, or 
 records of the court, and when so ordered may hear and report to 
 the court the testimony of any witnesses and the interrogatories 
 and objections of counsel. 

    HIST: (8992-14) 1935 c 72 s 14; 1937 c 435 s 4; 1945 c 209 s 
 1; 1973 c 524 s 13; 1976 c 181 s 2; 1986 c 444; 1Sp1986 c 3 art 
 1 s 82 

     525.091 Destruction and reproduction of probate records. 

    Subdivision 1.    Original documents.  The court administrator 
 of any county upon 
 order of the judge exercising probate jurisdiction may destroy 
 all the original documents in any probate proceeding of record 
 in the office five years after the file in such proceeding has 
 been closed provided the original or a Minnesota state archives 
 commission approved photographic, photostatic, 
 microphotographic, microfilmed, or similarly reproduced copy of 
 the original of the following enumerated documents in the 
 proceeding are on file in the office. 

    Enumerated original documents:  

    (a) In estates, the jurisdictional petition and proof of 
 publication of the notice of hearing thereof; will and 
 certificate of probate; letters; inventory and appraisal; orders 
 directing and confirming sale, mortgage, lease, or for 
 conveyance of real estate; order setting apart statutory 
 selection; receipts for federal estate taxes and state estate 
 taxes; orders of distribution and general protection; decrees of 
 distribution; federal estate tax closing letter, consent to 
 discharge by commissioner of revenue and order discharging 
 representative; and any amendment of the listed documents.  

    When an estate is deemed closed as provided in clause (d) 
 of this subdivision, the enumerated documents shall include all 
 claims of creditors.  

    (b) In guardianships or conservatorships, the 
 jurisdictional petition and order for hearing thereof with proof 
 of service; letters; orders directing and confirming sale, 
 mortgage, lease or for conveyance of real estate; order for 
 restoration to capacity and order discharging guardian; and any 
 amendment of the listed documents.  

    (c) In mental, inebriety, and indigent matters, the 
 jurisdictional petition; report of examination; warrant of 
 commitment; notice of discharge from institution, or notice of 
 death and order for restoration to capacity; and any amendment 
 of the listed documents.  

    (d) Except for the enumerated documents described in this 
 subdivision, the court administrator may destroy all other 
 original documents in any probate proceeding without retaining 
 any reproduction of the document.  For the purpose of this 
 subdivision, a proceeding is deemed closed if no document has 
 been filed in the proceeding for a period of 15 years, except in 
 the cases of wills filed for safekeeping and those containing 
 wills of decedents not adjudicated upon.  

    Subd. 2.    Record books.  The court administrator of any county 
 upon order 
 of the judge may destroy the original record books as enumerated 
 in this subdivision provided a Minnesota state archives 
 commission approved photographic, photostatic, 
 microphotographic, microfilmed, or similarly reproduced copy of 
 the original record book is on file in the office.  

    Enumerated original record books:  

    All record books kept for recording in compliance with 
 section 525.03, clauses (3), (4), (5) and (6).  

    Subd. 3.    Effect of copies.  A photographic, photostatic, 
 microphotographic, 
 microfilmed, or similarly reproduced record is of the same force 
 and effect as the original and may be used as the original 
 document or book of record in all proceedings.  

    Subd. 4.    Exception.  This section does not apply to the court 
 of any 
 county until the county board of the county adopts a resolution 
 authorizing the destruction of probate records pursuant to the 
 provisions of this section.  When the county board has complied 
 with this subdivision, section 525.092 and any act amendatory 
 thereof shall no longer apply to the probate court of that 
 county.  

    HIST: 1965 c 883 s 1; 1971 c 484 s 1; 1973 c 582 s 3; 1975 c 
 347 s 85-87; 1979 c 303 art 3 s 35,36; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82; 1995 c 189 s 8; 1996 c 277 s 1 

     525.092 Court administrator may destroy certain papers.  

    Subdivision 1.    Certain vouchers and receipts.  The 
 court administrator of the district court is hereby authorized 
 to destroy all vouchers or receipts filed in estates and 
 guardianship proceedings of record in the office after such 
 estates or guardianships have been closed for a period of 25 
 years, or more, except receipts for any federal or state taxes.  

    Subd. 2.    Certain guardianships excepted.  The 
 provisions of this section shall not apply to guardianships of 
 incompetent or insane persons, nor to guardianships of minors 
 until one year after the minor has become 18 years old.  

    HIST: 1947 c 117 s 1,2; 1949 c 409 s 1; 1951 c 21 s 1; 1973 c 
 725 s 75; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1995 c 189 s 8; 
 1996 c 277 s 1 

  525.094 Repealed, 1965 c 883 s 2 

     525.095 Court administrator may issue orders under 
  direction of the court.  

    The judge may authorize the court administrator or any 
 deputy court administrator to issue orders for hearing petitions 
 for general administration, for the probate of any will, for 
 determination of descent, for sale, lease, mortgage, or 
 conveyance of real estate, for the settlement and allowance of 
 any account, for partial or final distribution, for commitment, 
 orders limiting the time to file claims and fixing the time and 
 place for the hearing thereon, and to issue notice of the entry 
 of any order.  The issuance of any such order or notice by the 
 court administrator or deputy court administrator shall be prima 
 facie evidence of authority to issue it.  

    HIST: (8992-15) 1935 c 72 s 15; 1937 c 435 s 5; 1986 c 444; 
 1Sp1986 c 3 art 1 s 82 

     525.10 Referee; appointment; bond; office abolished. 

    Subdivision 1.    Office abolished.  The office of 
 referee is abolished.  No vacancy in the office of referee shall 
 be filled, nor new office created.  

    Subd. 2.    Incumbents.  Persons holding the office of 
 referee on June 30, 1980, in the Second and August 15, 1980, in 
 the Fourth Judicial District may continue to serve at the 
 pleasure of the chief judge of the district under the terms and 
 conditions of their appointment.  All referees are subject to 
 the administrative authority and assignment power of the chief 
 judge of the district as provided in section 484.69, subdivision 
 3, and are not limited to assignment to probate court.  All 
 referees are subject to the provisions of section 484.70.  Part 
 time referees holding office in the Second Judicial District 
 pursuant to this subdivision shall cease to hold office on July 
 31, 1984.  

    Subd. 3.    Referees.  Each referee in probate court 
 shall be an attorney at law duly admitted in this state.  The 
 appointment shall be in writing and filed in the court.  The 
 referee has the power to take acknowledgments and administer 
 oaths. 

    HIST: (8992-16) 1935 c 72 s 16; 1937 c 435 s 6; 1957 c 212 s 
 1; 1973 c 524 s 14; 1974 c 165 s 1; 1974 c 387 s 1; 1976 c 181 s 
 2; 1981 c 272 s 6 

     525.101 Compensation of referee.  

    Such referee shall receive from the county as compensation 
 $3,600 per annum in counties having more than 500,000 
 inhabitants, payable from the general funds of the county not 
 otherwise appropriated, at the same time and in the same manner 
 and subject to the provisions of law applicable to the 
 compensation of the judge.  The county shall furnish a suitable 
 office in the courthouse or in some other suitable place or 
 places designated by the judge.  The judge may assign to the 
 referee from the court's clerks and employees such clerical help 
 as may be necessary to properly discharge the duties.  

    HIST: (8992-17) 1935 c 72 s 17; 1957 c 212 s 2; 1971 c 471 s 
 1; 1986 c 444 

     525.102 Reference.  

    After such appointment the judge by order may refer to the 
 referee any matter, cause, or proceeding pending in such court.  
 In all matters so referred the referee shall find the facts and 
 report the findings to the judge.  In all matters referred and 
 reported the referee may append the referee's signature to the 
 order or decree of the court; and whenever this signature shall 
 be so appended, it shall constitute conclusive evidence that the 
 matter was referred, heard, and reported in the manner required 
 by law and the order of the court therein, provided that the 
 failure of the referee to append the referee's signature to any 
 such order or decree shall not affect its validity.  

    HIST: (8992-18) 1935 c 72 s 18; 1986 c 444 

     525.103 Delivery of books and records.  

    When the term of office of such referee expires or is 
 terminated, the referee shall deliver to the successor or to the 
 judge all books and papers in the referee's possession relating 
 to the office.  Upon failure to do so within five days after 
 demand by the successor or the judge, the referee shall be 
 guilty of a gross misdemeanor.  

    HIST: (8992-19) 1935 c 72 s 19; 1986 c 444 

     525.11 Reporter; appointment and duties.  

    The judge may appoint a competent stenographer as reporter 
 and secretary in all matters pertaining to official duties to 
 hold office during the judge's pleasure.  Such reporter shall 
 make a complete record of all testimony given and all 
 proceedings had before the court upon the trial of issue of fact 
 except that in commitment proceedings a tape recording of the 
 proceedings may be kept in lieu of a stenographic record.  The 
 reporter shall inscribe all questions in the exact language 
 thereof, all answers thereto precisely as given by the witness 
 or sworn interpreter, all objections made and the grounds 
 thereof as stated by counsel, all rulings thereon, all 
 exceptions taken, all admissions made, all oral stipulations, 
 and all oral motions and orders.  When directed by the judge, 
 the reporter shall make a record of any matter or proceeding and 
 without charge shall read to or transcribe for such judge any 
 record made or any tape recording made in a commitment 
 proceeding.  Upon completion of every trial or proceeding, such 
 reporter shall file the stenographic record or tape recording in 
 the manner directed by the judge.  Upon request of any person 
 and payment of fees by such person, the reporter shall furnish a 
 transcript.  The reporter may take acknowledgments, administer 
 oaths, and certify copies of the stenographic record or 
 transcript of either such record or tape recording made in a 
 commitment proceeding.  

    HIST: (8992-20) 1935 c 72 s 20; 1974 c 482 s 8; 1986 c 444 

     525.111 Compensation; transcript fees.  

    Where the salary of the reporter is not provided for by 
 law, compensation shall be paid by the representative as an 
 expense of administration or guardianship, or by the party or 
 parties presenting or contesting the proceedings reported, as 
 the court may determine.  In addition to the salary fixed by law 
 or compensation fixed by the court, the reporter shall receive 
 for transcripts furnished such fees as may be fixed by the court 
 not exceeding those allowed by law to the district court 
 reporters of the same county.  

    HIST: (8992-21) 1935 c 72 s 21; 1986 c 444 

     525.112 Court reporters for Hennepin County court.  

    The county judge or judge of probate of any county now 
 having or which may hereafter have 400,000 inhabitants, or over, 
 may appoint a competent stenographer as court reporter and 
 secretary, who shall be paid a salary of $3,000 per annum; and, 
 in addition to this salary, the court reporter may also be paid 
 such fees for transcripts of evidence made in relation to 
 probate hearings, as the judge of probate shall fix and allow, 
 and appoint two additional clerks who shall be competent 
 stenographers, who shall each be paid a salary of $1,200 per 
 annum.  

    HIST: (8992-21a) 1935 c 373 s 1; 1941 c 179 s 1; 1975 c 347 s 
 88 

     525.113 Additional employees.  

    The reporter and clerk mentioned in section 525.112 shall 
 be employed and appointed in addition to the court 
 administrator, deputy court administrators, and employees now 
 provided by law, to hold office during the pleasure of the judge 
 of probate and shall perform the duties imposed by law and such 
 judge, and their salary shall be paid from the county funds in 
 the same manner as prescribed for the payment of other employees 
 of such court.  

    HIST: (8992-21b) 1935 c 373 s 2; 1Sp1986 c 3 art 1 s 82 

     525.12 Auditor; appointment.  

    The court may appoint an auditor in any matter involving an 
 annual, partial, or final account, or the amount due on a claim 
 or an offset thereto.  Such appointment may be made with or 
 without notice and on the court's own motion or upon the 
 petition of the personal representative or of any person 
 interested in the estate or guardianship.  

    HIST: (8992-22) 1935 c 72 s 22; 1975 c 347 s 89 

     525.121 Powers.  

    The auditor shall have the same power as the court to set 
 hearings, grant adjournments, compel the attendance of witnesses 
 or the production of books, papers, and documents, and to hear 
 all proper evidence relating to such matter.  The auditor shall 
 report findings of fact to the court.  

    HIST: (8992-23) 1935 c 72 s 23; 1986 c 444 

     525.122 Compensation of auditor.  

    The auditor shall be allowed such reasonable fees, 
 disbursements, and expenses as may be determined by the court 
 and shall be paid by the personal representative as expenses of 
 administration, guardianship or conservatorship or by the person 
 applying for such audit as the court may determine.  

    HIST: (8992-24) 1935 c 72 s 24; 1975 c 347 s 90 

INTESTATE SUCCESSION

     525.13 Estate. 

    As used in sections 525.13 to 525.161, the word "estate" 
 includes every right and interest of a decedent in property, 
 real or personal, except such as are terminated or otherwise 
 extinguished by the death. 

    HIST: (8992-25) 1935 c 72 s 25; 1985 c 250 s 24; 1986 c 444 

     525.14 Descent of cemetery lot. 

    Subject to the right of interment of the decedent therein, 
 a cemetery lot or burial plot, unless disposed of as provided in 
 section 306.29, shall descend free of all debts as follows: 

    (1) To the decedent's surviving spouse, a life estate with 
 right of interment of the spouse therein, and remainder over to 
 the person who would be entitled to the fee if there were no 
 spouse, provided, however, if no person entitled to the 
 remainder of the fee survives, then the entire fee to the 
 surviving spouse with right of interment therein; 

    (2) If there is no surviving spouse, then to the decedent's 
 eldest surviving child; 

    (3) If there is no surviving child, then to the decedent's 
 youngest surviving sibling; 

    (4) If there is no surviving spouse, child or sibling of 
 the decedent, then, if not sold during administration of 
 decedent's estate, to the cemetery association or private 
 cemetery in trust as a burial lot for the decedent and such of 
 the decedent's relatives as the governing body thereof shall 
 deem proper. 

    The cemetery association or private cemetery, or, with its 
 consent, any person to whom the lot shall descend may grant and 
 convey the lot to any of the decedent's parents, siblings or 
 descendants. 

    A crypt or group of crypts or burial vaults owned by one 
 person in a public or community mausoleum shall be deemed a 
 cemetery lot. 

    Grave markers, monuments, memorials and all structures 
 lawfully installed or erected on any cemetery lot or burial plot 
 shall be deemed to be a part of and shall descend with the lot 
 or plot. 

    HIST: (8992-26) 1935 c 72 s 26; 1969 c 852 s 1; 1981 c 25 s 1 

  525.145 Repealed, 1995 c 130 s 21 

  525.15 Repealed, 1994 c 472 s 64 

  525.151 Repealed, 1994 c 472 s 64 

     525.152 Award of property with sentimental value to 
  children. 

    Subdivision 1.    Definitions.  (a) "Eligible child" 
 means a child of the decedent who: 

    (1) is not the child of the surviving spouse, if any; 

    (2) if there is no surviving spouse, is not a minor, and 
 has a different parent than minor children of the decedent; and 

    (3) if the decedent dies testate, is a devisee under the 
 decedent's will. 

    (b) "Sentimental value" means significant emotional or 
 nostalgic value arising out of the relationship of an individual 
 with the decedent or arising out of the relationship of the 
 eligible child with the individual who is the nondecedent parent 
 of the eligible child. 

    Subd. 2.    Ineligible property.  The following property 
 is not eligible for an award under this section: 

    (1) real property; 

    (2) personal property that is the subject of a specific 
 devise under the decedent's will where the will was executed 
 before August 1, 1989, and where the devise specifically 
 identifies the particular item of property, unless the property 
 is selected under section 524.2-403; 

    (3) personal property that is the subject of a specific 
 devise under a separate writing under section 524.2-513, unless 
 the property is selected under section 524.2-403; and 

    (4) personal property disposed of by a premarital agreement.

    Subd. 3.    Notice to eligible children; petition.  At 
 the time of an allowance selection under section 524.2-403, the 
 person making the selection shall serve personally or by mail a 
 written itemized notice of the property selected to every 
 eligible child of the decedent.  This requirement does not apply 
 if an award of property with sentimental value already has been 
 made under this section.  Within 30 days of receipt of the 
 notice of selection, an eligible child may petition the court to 
 award property with sentimental value contained in the notice, 
 or other property with sentimental value that belonged to the 
 decedent, to the eligible child. 

    Subd. 4.    Court decision.  The court shall award 
 property with sentimental value to an eligible child if it finds 
 that the property's sentimental value to the child outweighs its 
 sentimental value to the person entitled to the allowance 
 selection.  If more than one eligible child petitions the court 
 for an award of the same property, the court shall award the 
 property to the child for whom the property has the greatest 
 sentimental value.  In awarding property with sentimental value 
 to an eligible child, the court shall give weight to the 
 following factors: 

    (1) the relationship of the eligible child to the 
 acquisition and use of the property; 

    (2) whether the property was acquired prior to the 
 decedent's marriage to the surviving spouse or prior to the 
 birth of minor children who are entitled to an allowance 
 selection; and 

    (3) whether the property belonged to the individual who is 
 the nondecedent parent of the eligible child. 

    Subd. 5.    Payment to estate.  (a) As a condition of an 
 award of sentimental property under this section, the court 
 shall order that the eligible child pay the value of the 
 property to the estate or that the value of the property be 
 deducted from the eligible child's share of the estate.  The 
 surviving spouse or minor children may make an additional 
 allowance selection in place of property with sentimental value 
 awarded to an eligible child. 

    (b) If the court awards property under subdivision 4, the 
 court shall appoint an appraiser who shall determine the value 
 of the property.  The value of the property is its appraised 
 value as of the date of the decedent's death without reference 
 to its sentimental value to the eligible child or any other 
 person. 

    HIST: 1988 c 417 s 3; 1989 c 219 s 2; 1997 c 7 art 1 s 166-168 

  525.16 Repealed, 1985 c 250 s 27 

     525.161 No surviving spouse or kindred, notices to 
  attorney general. 

    When it appears from the petition or application for 
 administration of the estate, or otherwise, in a proceeding in 
 the court that the intestate left surviving no spouse or 
 kindred, the court shall give notice of such fact and notice of 
 all subsequent proceedings in such estate to the attorney 
 general forthwith; and the attorney general shall protect the 
 interests of the state during the course of administration.  The 
 residue which escheats to the state shall be transmitted to the 
 attorney general.  All moneys, stocks, bonds, notes, mortgages 
 and other securities, and all other personal property so 
 escheated shall then be given into the custody of the 
 commissioner of finance who shall immediately credit the moneys 
 received to the general fund.  The commissioner of finance shall 
 hold such stocks, bonds, notes, mortgages and other securities, 
 and all other personal property, subject to such investment, 
 sale or other disposition as the State Board of Investment may 
 direct pursuant to section 11A.04, clause (9).  The attorney 
 general shall immediately report to the State Executive Council 
 all real property received in the individual escheat, and any 
 sale or disposition of such real estate shall be made in 
 accordance with sections 16B.281 to 16B.287.  

    HIST: 1955 c 194 s 1; 1957 c 861 s 1; 1969 c 399 s 1; 1973 c 
 492 s 14; 1975 c 347 s 93; 1980 c 607 art 14 s 46; 2003 c 112 
 art 2 s 48; 2004 c 262 art 1 s 39 

  525.17 Repealed, 1985 c 250 s 27 

  525.171 Repealed, 1985 c 250 s 27 

  525.172 Repealed, 1985 c 250 s 27 

  525.173 Repealed, 1985 c 250 s 27 

WILLS

  525.18 Repealed, 1975 c 347 s 144 

  525.181 Repealed, 1975 c 347 s 144 

  525.182 Repealed, 1975 c 347 s 144 

  525.183 Repealed, 1975 c 347 s 144 

  525.184 Repealed, 1975 c 347 s 144 

  525.19 Repealed, 1975 c 347 s 144 

  525.191 Repealed, 1975 c 347 s 144 

  525.20 Repealed, 1985 c 250 s 27 

  525.201 Repealed, 1985 c 250 s 27 

  525.202 Repealed, 1985 c 250 s 27 

  525.203 Repealed, 1975 c 347 s 144 

     525.21 Quantity of estate devised.  

    Every devise of real estate shall convey all the estate of 
 the testator therein subject to liens and encumbrances thereon 
 unless a different intention appears from the will.  

    HIST: (8992-45) 1935 c 72 s 45 

  525.211 Repealed, 1975 c 347 s 144 

  525.212 Repealed, 1985 c 250 s 27 

  525.213 Repealed, 1985 c 250 s 27 

  525.214 Repealed, 1985 c 250 s 27 

  525.215 Repealed, 1985 c 250 s 27 

  525.216 Repealed, 1985 c 250 s 27 

  525.22 Repealed, 1994 c 472 s 64 

  525.221 Repealed, 1994 c 472 s 64 

  525.222 Repealed, 1974 c 442 art 8 s 524.8-102 

     525.2221 Wills not affected.  

    Notwithstanding any other provision of law to the contrary, 
 the provisions of any will executed prior to June 1, 1973 
 relating to ones "minority" or "majority" or other related terms 
 shall be governed by the definitions of such terms existing at 
 the time of the execution of the will.  

    HIST: 1973 c 725 s 86 

  525.223 Repealed, 1994 c 472 s 64 

PROBATE OF WILLS

  525.23 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.231 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.24 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.241 Repealed, 1974 c 442 art 8 s 524.8-102 

     525.242 Secondary evidence.  

    If no subscribing witness competent to testify resides in 
 the state at the time appointed for proving the will, the court 
 may admit the testimony of other witnesses to prove the capacity 
 of the testator and the execution of the will, and as evidence 
 of such execution may admit proof of the handwriting of the 
 testator and of the subscribing witnesses.  

    HIST: (8992-55) 1935 c 72 s 55 

  525.243 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.244 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.25 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.251 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.252 Repealed, 1974 c 442 art 8 s 524.8-102 

     525.253 Sale of devised property.  

    Subdivision 1.    General rule.  Unless a contrary 
 intent appears from the will, an agreement made by a testator 
 for the sale or transfer of real property disposed of by the 
 will previously made, does not revoke or adeem such disposal; 
 but all the right, title, and interest of the decedent in such 
 property and in said agreement shall pass, according to the 
 terms of the will.  Such an agreement shall be enforceable and 
 subject to the same remedies for specific performance or 
 otherwise against the devisees as exists against a decedent's 
 successors if the same passed by succession.  

    Subd. 2.    Applicability.  This section shall be 
 applicable to estates of decedents dying after June 5, 1969.  

    HIST: 1969 c 944 s 1,2; 1975 c 347 s 99 

  525.26 Repealed, 1975 c 347 s 144 

  525.261 Repealed, 1975 c 347 s 144 

  525.262 Repealed, 1975 c 347 s 144 

  525.27 Repealed, 1975 c 347 s 144 

  525.271 Repealed, 1975 c 347 s 144 

  525.272 Repealed, 1975 c 347 s 144 

  525.273 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.28 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.281 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.282 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.29 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.291 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.292 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.30 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.301 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.302 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.303 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.304 Repealed, 1974 c 442 art 8 s 524.8-102 

DETERMINATION OF DESCENT

  525.31 Essentials. 

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

    HIST: 1975 c 347 s 100; 1976 c 161 s 15 

  525.311 Contents of petition. 

    Such petition shall show so far as known to the petitioner: 

    (1) The name of the decedent, the place of residence, the 
 date and place of death, the age and address at such date, and 
 whether the decedent died testate or intestate; 

    (2) The names, ages, and addresses of heirs, personal 
 representatives, and devisees; 

    (3) That no will or authenticated copy of a will probated 
 outside of this state in accordance with the laws in force in 
 the place where probated has been probated nor proceedings had 
 in this state; 

    (4) A description of the real or personal property, or 
 interest therein and if a homestead, designated as such, the 
 interest therein of the decedent, the value thereof at the date 
 of death, and the interest therein of the petitioner; 

    (5) If the decedent left a will which has not been probated 
 in this state, such will or authenticated copy of a will 
 probated outside of this state in accordance with the laws in 
 force in the place where probated shall be filed and the 
 petition shall contain a prayer for its probate. 

    (6) That the devisee or successors and assigns possess the 
 property devised in accordance with the will, any heir or a 
 successor and assigns possess such property which passes to such 
 heir under the laws of intestate succession in force at the 
 decedent's death, or such property was not possessed or claimed 
 by anyone by virtue of the decedent's title during the time 
 period for testacy proceedings.  

    (7) In any such proceeding wherein it appears that the 
 property affected descends through several decedents under 
 circumstances qualifying for a descent proceeding under this 
 section in each case, the court in its discretion may 
 consolidate the proceedings into one and may accept the filing 
 of one petition for the several decedents where no interests are 
 prejudiced thereby.  The notice and other requirements of this 
 section and sections 525.31 and 525.312 shall be complied with, 
 and the matter shall be then adjudicated under one title 
 combining the names of the several decedents and making 
 appropriate findings for each decedent and determining heirship. 

    HIST: 1975 c 347 s 100; 1986 c 444 

  525.312 Decree of descent. 

    Upon the filing of such petition, the court shall fix the 
 time and place for the hearing thereof, notice of which shall be 
 given pursuant to section 524.1-401.  Notice of the hearing, in 
 the form prescribed by court rule, shall also be given under 
 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.  
 Upon proof of the petition and of the will if there be one; or 
 upon proof of the petition and of an authenticated copy of a 
 will duly proved and allowed outside of this state in accordance 
 with the laws in force in the place where proved, if there be 
 one; and if a clearance for medical assistance claims is on file 
 in the proceeding and any medical assistance claims are paid or 
 satisfied, the court shall allow the same and enter its decree 
 of descent assigning the real or personal property, or any 
 interest therein, to the persons entitled thereto pursuant to 
 the will or such authenticated copy, if there be one, otherwise 
 pursuant to the laws of intestate succession in force at the 
 time of the decedent's death.  The decree of descent shall 
 operate to assign the property free and clear of any and all 
 claims for medical assistance arising under section 525.313 
 without regard to the final disposition of those claims.  The 
 court may appoint two or more disinterested persons to appraise 
 the property.  

    HIST: 1975 c 347 s 100; 1977 c 207 s 1; 1979 c 303 art 3 s 37; 
 1Sp1986 c 3 art 1 s 82; 2000 c 400 s 7 

     525.313 Clearance for medical assistance claims. 

    (a) The court shall not enter a decree of descent until the 
 petitioner has filed a clearance for medical assistance claims 
 under this section, and until any medical assistance claims 
 filed under this section have been paid, settled, or otherwise 
 finally disposed of. 

    (b) After filing the petition, the petitioner or the 
 petitioner's attorney shall apply to the county agency in the 
 county in which the petition is pending for a clearance of 
 medical assistance claims.  The application must state the 
 decedent's name, date of birth, and Social Security number; the 
 name, date of birth, and Social Security number of any 
 predeceased spouse of the decedent; the names and addresses of 
 the devisees and heirs; and the name, address, and telephone 
 number of the petitioner or the attorney making the application 
 on behalf of the petitioner, and include a copy of the notice of 
 hearing.  

    (c) The county agency shall determine whether the decedent 
 or any of the decedent's predeceased spouses received medical 
 assistance under chapter 256B or general assistance medical care 
 under chapter 256D giving rise to a claim under section 
 256B.15.  If there are no claims, the county agency shall issue 
 the petitioner a clearance for medical assistance claims stating 
 no medical assistance claims exist.  If there is a claim, the 
 county agency shall issue the petitioner a clearance for medical 
 assistance claims stating that a claim exists and the total 
 amount of the claim.  The county agency shall mail the completed 
 clearance for medical assistance claims to the applicant within 
 15 working days after receiving the application without cost to 
 the applicant or others. 

    (d) The petitioner or attorney shall file the certificate 
 in the proceedings for the decree of descent as soon as 
 practicable after it is received.  Notwithstanding any rule or 
 law to the contrary, if a medical assistance claim appears in a 
 clearance for medical assistance claims, then: 

    (1) the claim shall be a claim against the decedent's 
 property which is the subject of the petition.  The county 
 agency issuing the certificate shall be the claimant.  The 
 filing of the clearance for medical assistance claims in the 
 proceeding for a decree of descent constitutes presentation of 
 the claim; 

    (2) the claim shall be an unbarred and undischarged claim 
 and shall be payable, in whole or in part, from the decedent's 
 property which is the subject of the petition, including the net 
 sale proceeds from any sale of property free and clear of the 
 claim under this section; 

    (3) the claim may be allowed, denied, appealed, and bear 
 interest as provided for claims in estates under chapter 524; 
 and 

    (4) the county agency may collect, compromise, or otherwise 
 settle the claim with the estate, the petitioner, or the 
 assignees of the property on whatever terms and conditions are 
 deemed appropriate. 

    (e) Any of the decedent's devisees, heirs, successors, 
 assigns, or their successors and assigns, may apply for a 
 partial decree of descent to facilitate the good faith sale of 
 their interest in any real or personal property described in the 
 petition free and clear of any medical assistance claim any time 
 before the entry of a decree of descent under section 525.312.  
 The applicant must prove an interest in the property as provided 
 under section 525.312.  The court may enter a partial decree of 
 descent any time after it could hear and decide the petition for 
 a decree of descent.  A partial decree of descent shall assign 
 the interests in the real and personal property described in the 
 application to the parties entitled to the property free and 
 clear of any and all medical assistance claims.  The net sale 
 proceeds from the sale shall be: 

    (1) substituted in the estate according to this section for 
 the property sold; 

    (2) paid over to and held by the petitioner pending the 
 entry of a decree of descent; 

    (3) used for payment of medical assistance claims; and 

    (4) distributed according to the decree of descent after 
 any medical assistance claims are paid. 

    (f) The clearance for medical assistance claims must: 

    (1) include the case name, case number, and district court 
 in which the proceeding for a decree of descent is pending; 

    (2) include the name, date of birth, and Social Security 
 number of the decedent and any of the decedent's predeceased 
 spouses; 

    (3) state whether there are medical assistance claims 
 against the decedent, or a predeceased spouse, and the total 
 amount of each claim; and 

    (4) include the name, address, and telephone number of the 
 county agency giving the clearance for medical assistance 
 claims.  The certificate shall be signed by the director of the 
 county agency or the director's designee.  The signature of the 
 director or the director's designee does not require an 
 acknowledgment. 

    (g) All recoveries under this section are recoveries under 
 section 256B.15. 

    (h) For purposes of this section and chapter 256B, all 
 property identified in the petition and all subsequent 
 amendments to the petition shall constitute an estate. 

    (i) No clearance for medical assistance claims is required 
 under this section and section 525.312 in an action for a decree 
 of descent proceeding in which all of the following apply to the 
 decedent whose property is the subject of the proceeding: 

    (1) the decedent's estate was previously probated in this 
 state; 

    (2) the previous probate was not a special administration 
 or summary proceeding; and 

    (3) the decedent's property, which is the subject of the 
 petition for a decree of descent, was omitted from the previous 
 probate. 

    HIST: 2000 c 400 s 8; 2002 c 347 s 4 

  525.314 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.315 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.316 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.32 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.321 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.322 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.323 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.324 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.33 Repealed, 1975 c 347 s 144 

  525.331 Repealed, 1974 c 442 art 8 s 524.8-102 

PROPERTY DISPOSITION

  525.34 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.35 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.36 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.37 Foreclosure of mortgages. 

    The guardian or conservator shall have the same right to 
 foreclose a mortgage, lien, or pledge or collect the debt 
 secured thereby as the ward or conservatee would have had, if 
 competent, and may complete any such proceeding commenced by 
 such ward or conservatee. 

    HIST: 1975 c 347 s 101; 1986 c 444 

  525.38 Realty acquired. 

    When a foreclosure sale or a sale on execution for the 
 recovery of a debt due the estate is had or redemption is made 
 the personal representative shall receive the money paid and 
 execute the necessary satisfaction or release.  If bid in by the 
 personal representative or if bid in by the decedent or ward and 
 the redemption period expired during the administration of the 
 estate or guardianship or conservatorship without redemption, 
 the real estate shall be treated as personal property.  If not 
 so sold, mortgaged, or leased, the real estate or, if so sold, 
 mortgaged, or leased, the proceeds shall be assigned or 
 distributed to the same persons and in the same proportions as 
 if it had been part of the personal estate of the decedent, 
 unless otherwise provided in the will. 

    HIST: 1975 c 347 s 102 

  525.39 Repealed, 1975 c 347 s 144 

     525.391 Property fraudulently conveyed.  

    When the property available for the payment of debts is 
 insufficient to pay the same in full, the representative may 
 recover any property which the decedent may have disposed of 
 with intent to defraud creditors, or by conveyance or transfer 
 which for any reason is void as to them.  Upon the application 
 of any creditor and upon making the payment of or providing 
 security for the expenses thereof as directed by the court, the 
 representative shall prosecute all actions necessary to recover 
 the property.  

    HIST: (8992-95) 1935 c 72 s 95; 1986 c 444 

     525.392 Property converted.  

    If any person embezzles, alienates, or converts to personal 
 use any of the personal estate of a decedent or ward before the 
 appointment of a representative, such person shall be liable for 
 double the value of the property so embezzled, alienated, or 
 converted.  

    HIST: (8992-96) 1935 c 72 s 96; 1986 c 444 

     525.393 Disposal by coroner.  

    When personal property of a decedent has come into the 
 custody of any coroner and has not been surrendered as 
 hereinafter provided and no will has been admitted to probate or 
 no administration has been had within three months after the 
 decedent's death, the coroner, after the expiration of said 
 time, shall file in the court an inventory of all such property 
 and a fingerprint of each finger of each hand of the decedent.  
 Wearing apparel and such other property as the coroner 
 determines to be of nominal value, may be surrendered by the 
 coroner to the spouse or to any blood relative of the decedent.  
 If no will is admitted to probate nor administration had within 
 six months after death, the coroner shall sell the same at 
 public auction upon such notice and in such manner as the court 
 may direct.  The coroner shall be allowed reasonable expenses 
 for the care and sale of the property, and shall deposit the net 
 proceeds of such sale with the county treasurer in the name of 
 the decedent, if known.  The treasurer shall give the coroner 
 duplicate receipts therefor, one of which the coroner shall file 
 with the county auditor and the other in the court.  If a 
 representative shall qualify within six years from the time of 
 such deposit, the treasurer shall pay the same to such 
 representative.  

    HIST: (8992-97) 1935 c 72 s 97; Ex1936 c 48; 1975 c 347 s 103; 
 1986 c 444 

  525.40 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.401 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.41 Repealed, 1975 c 347 s 144 

  525.411 Repealed, 1975 c 347 s 144 

  525.412 Repealed, 1975 c 347 s 144 

  525.413 Repealed, 1975 c 347 s 144 

  525.42 Repealed, 1975 c 347 s 144 

  525.421 Repealed, 1975 c 347 s 144 

  525.43 Repealed, 1975 c 347 s 144 

  525.431 Repealed, 1975 c 347 s 144 

  525.44 Repealed, 1975 c 347 s 144 

  525.441 Repealed, 1975 c 347 s 144 

  525.442 Repealed, 1975 c 347 s 144 

  525.45 Repealed, 1975 c 347 s 144 

  525.46 Repealed, 1975 c 347 s 144 

ACCOUNTING, DISTRIBUTION

  525.47 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.475 Dormant estate; removal of representative or 
  attorney. 

    (1) In a supervised administration under sections 524.3-501 
 to 524.3-505: 

    (a) If an order of complete settlement of the estate or a 
 decree, as provided in section 524.3-1001, is not entered within 
 18 months after appointment of the personal representative, the 
 court shall order the personal representative and the attorney 
 to show good cause why an order of complete settlement of the 
 estate or a decree has not been entered. 

    (b) If good cause is not shown the court shall order the 
 removal of the personal representative, instruct the personal 
 representative to dismiss the attorney and employ another 
 attorney, if necessary, to complete the administration of the 
 estate, or shall order such other or further relief as may be 
 appropriate.  In addition, the court may refer a record of the 
 proceeding to the state Board of Professional Responsibility.  
 If removal of the personal representative is ordered, the court 
 shall also direct by order the disposition of the assets 
 remaining in the name of, or under the control of, the personal 
 representative being removed.  

    (c) If good cause is shown, the court shall order that the 
 time for administration of the estate be extended for an 
 additional period not to exceed one year.  If an order of 
 complete settlement of the estate or a decree, as provided in 
 section 524.3-1001, is not entered within such extended period, 
 the court shall again order the personal representative and the 
 attorney to show cause why an order of complete settlement or a 
 decree has not been entered.  If good cause is not shown, the 
 provisions of paragraph (b) of this section shall be 
 applicable.  If good cause is shown, the court shall order that 
 the time for administration of the estate be again extended for 
 an additional period not to exceed one year and the provisions 
 of this paragraph (c) of this section shall be applicable to 
 such additional extension.  

    (2) In an administration other than a supervised 
 administration under sections 524.3-501 to 524.3-505: 

    (a) Upon the petition of an interested person and upon 
 showing of probable cause for relief, the court shall order the 
 personal representative and the attorney to show cause why the 
 estate has not been closed pursuant to the provisions of 
 sections 524.3-1001 to 524.3-1003.  

    (b) If good cause is not shown, the court shall order the 
 removal of the personal representative, instruct the personal 
 representative to dismiss the attorney and employ another 
 attorney, if necessary, to complete the administration of the 
 estate or shall order such other or further relief as may be 
 appropriate.  In addition, the court may refer a record of the 
 proceeding to the state Board of Professional Responsibility.  
 If removal of the personal representative is ordered, the court 
 shall also direct by order the disposition of the assets 
 remaining in the name of, or under the control of, the personal 
 representative being removed.  

    (c) If good cause is shown, the court shall enter an order 
 so finding.  An interested party may thereafter again petition 
 the court for an order directing the personal representative and 
 the attorney to show cause why the estate has not been closed 
 pursuant to the provisions of sections 524.3-1001 to 524.3-1003. 

    (3) An attorney dismissed pursuant to this section and who 
 is seeking attorney fees for services rendered to the estate has 
 the burden of affirmatively proving that the estate has 
 benefited from the services and that the benefits warrant the 
 payment of the requested fee. 

    HIST: 1975 c 347 s 104; 1986 c 444 

     525.48 Final account, attorney fees and representative 
  fees.  

    Any full or final account to distributees shall include a 
 statement of attorney fees and representative fees.  This 
 statement shall include the total fees charged to date and 
 estimated future fees to be charged.  

    HIST: (8992-114) 1935 c 72 s 114; 1974 c 442 art 9 s 2; 1975 c 
 347 s 105 

  525.481 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.482 Repealed, 1974 c 442 art 8 s 524.8-102 

     525.483 Recording decree. 

    A certified copy of any decree of distribution may be filed 
 for record in the office of the county recorder of any county.  
 It shall not be necessary to pay real estate taxes in order to 
 record such certified copy, but the same shall be first 
 presented to the county auditor for entry upon the transfer 
 record and shall have noted thereon "Transfer entered" over that 
 person's official signature.  Upon request, the court shall 
 furnish a certified copy of any decree of distribution, omitting 
 the description of any property except that specified in the 
 request, but indicating omissions by the words "other property 
 omitted." Such copy and its record shall have the same force and 
 effect as to property therein described as though the entire 
 decree had been so certified and recorded. 

    HIST: (8992-117) 1935 c 72 s 117; 1976 c 181 s 2; 1986 c 444 

     525.484 Property of deceased persons to be transferred 
  to representatives of foreign countries in certain cases.  

    Whenever any person who is entitled to any property in an 
 estate is a citizen of and a resident in any foreign country 
 with the government of which the United States maintains 
 diplomatic relations, the personal representative of the estate 
 may deliver or pay such property to an accredited diplomatic or 
 consular representative of the government of such foreign 
 country for delivery or payment to such person, or, if such 
 property has been deposited with the county treasurer pursuant 
 to section 524.3-914, the court upon application as therein 
 provided shall grant its order authorizing and directing the 
 county auditor to issue a warrant to the county treasurer to pay 
 such money or deliver such property to such accredited 
 diplomatic or consular representative, and the personal 
 representative of such estate or the county treasurer shall be 
 discharged from that person's trust and all further liability 
 thereunder upon filing the receipt of such diplomatic or 
 consular representative for such property with such court, 
 provided that such diplomatic or consular representative has 
 been licensed by proper federal authority to receive such 
 property of the nationals of such country, where such license is 
 required.  

    This section shall not apply where such citizen of and 
 resident in any such foreign country has appeared in person or 
 by duly authorized representative other than such diplomatic or 
 consular representative.  

    HIST: 1943 c 477 s 1,2; 1975 c 347 s 106; 1986 c 444 

  525.485 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.486 Termination of trusts; distribution. 

    In any administration of an estate in probate, wherein the 
 decedent died testate and has established a testamentary trust, 
 and it appears to the court that the operative events have 
 occurred whereby said trust is terminated prior to distribution 
 in whole or in part, the court shall have jurisdiction in its 
 discretion to adjudge and determine that said trust be 
 terminated in whole or in part without further proceedings in 
 any other court of general jurisdiction and may make its decree 
 or order of distribution accordingly to the extent that the 
 trust is no longer operative. 

    HIST: 1975 c 347 s 107 

  525.49 MS 1957 Repealed, 1961 c 265 s 3 

  525.49 MS 1971 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.491 Attorney's lien.  

    When any attorney at law has been retained to appear for 
 any heir or devisee, such attorney may perfect a lien upon the 
 client's interest in the estate for compensation for such 
 services as may have been rendered respecting such interest, by 
 serving upon the personal representative before distribution is 
 made, a notice of intent to claim a lien for agreed 
 compensation, or the reasonable value of services.  The 
 perfecting of such a lien, as herein provided, shall have the 
 same effect as the perfecting of a lien as provided in section 
 481.13, and such lien may be enforced and the amount thereupon 
 determined in the manner therein provided.  

    HIST: 1961 c 265 s 2; 1975 c 347 s 108; 1986 c 444 

  525.50 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.501 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.502 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.503 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.51 Repealed, 1995 c 130 s 21 

     525.515 Basis for attorney's fees. 

    (a) Notwithstanding any law to the contrary, an attorney 
 performing services for the estate at the instance of the 
 personal representative, guardian or conservator shall have such 
 compensation therefor out of the estate as shall be just and 
 reasonable.  This section shall apply to all probate proceedings.

    (b) In determining what is a fair and reasonable attorney's 
 fee effect shall be given to a prior agreement in writing by a 
 testator concerning attorney fees.  Where there is no prior 
 agreement in writing with the testator consideration shall be 
 given to the following factors in determining what is a fair and 
 reasonable attorney's fee: 

    (1) The time and labor required; 

    (2) The experience and knowledge of the attorney; 

    (3) The complexity and novelty of problems involved; 

    (4) The extent of the responsibilities assumed and the 
 results obtained; and 

    (5) The sufficiency of assets properly available to pay for 
 the services; 

    (c) An interested person who desires that the court review 
 attorney fees shall seek review of attorney fees in the manner 
 provided in section 524.3-721.  In determining the 
 reasonableness of the attorney fees, consideration shall be 
 given to all the factors listed in clause (b) and the value of 
 the estate shall not be the controlling factor. 

    HIST: 1971 c 497 s 8; Ex1971 c 48 s 50; 1974 c 442 art 9 s 3; 
 1975 c 347 s 111; 1976 c 2 s 146 

  525.52 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.521 Repealed, 1975 c 347 s 144 

  525.522 Repealed, 1975 c 347 s 144 

  525.523 Repealed, 1975 c 347 s 144 

  525.524 Repealed, 1975 c 347 s 144 

  525.525 Repealed, 1975 c 347 s 144 

  525.526 Repealed, 1975 c 347 s 144 

  525.527 Repealed, 1975 c 347 s 144 

     525.528 Federal estate tax; marital deduction.  

    Whenever the decedent leaves a surviving spouse or by law 
 the spouse is presumed to have survived and the representative 
 of the decedent's estate, and the decedent's trustee or any 
 other fiduciary is permitted or required to exercise a 
 discretion, even though stated as sole, absolute or 
 uncontrolled, to select assets in kind at values other than 
 their values at the date or dates of distribution thereof, 
 including values to be determined in the discretion of the 
 representative, trustee or other fiduciary and even though such 
 discretion is stated as sole, absolute or uncontrolled, to 
 satisfy a bequest or transfer within the meaning of the marital 
 deduction provisions of section 2056 of the United States 
 Internal Revenue Code or such cognate provisions of federal law 
 as may hereafter be applicable, such representative, trustee or 
 other fiduciary shall be subject to the general fiduciary 
 obligation of fairness and pursuant thereto shall select assets 
 fairly representative of appreciation or depreciation in the 
 value of all property available on the date or dates of 
 distribution for selection and distribution in satisfaction of 
 such bequest or transfer, unless other language of the will or 
 trust instrument expressly refers to this section and states 
 that it shall not be applicable.  This section shall apply to 
 the estates of decedents dying after May 26, 1965, to trusts 
 created after May 26, 1965, and to trusts, whenever created, 
 which are revocable after May 26, 1965.  

    HIST: 1965 c 765 s 1 

ADVANCEMENTS

  525.53 Repealed, 1975 c 347 s 144 

  525.531 Repealed, 1975 c 347 s 144 

     525.532 Disclaimer of interests passing by will, 
  intestate succession or under certain powers of appointment. 

    Subdivision 1.    Definitions.  As used in this section, 
 unless otherwise clearly required by the context: 

    (a) "Beneficiary" means and includes any person entitled, 
 but for that person's disclaimer, to take an interest:  by 
 intestate succession; by devise; by legacy or bequest; by 
 succession to a disclaimed interest by will, intestate 
 succession or through the exercise or nonexercise of a 
 testamentary power of appointment; by virtue of a renunciation 
 and election to take against a will; as beneficiary of a 
 testamentary trust; pursuant to the exercise or nonexercise of a 
 testamentary power of appointment; as donee of a power of 
 appointment created by testamentary instrument; or otherwise 
 under a testamentary instrument; 

    (b) "Interest" means and includes the whole of any 
 property, real or personal, legal or equitable, or any 
 fractional part, share or particular portion or specific assets 
 thereof or any estate in any such property or power to appoint, 
 consume, apply or expend property or any other right, power, 
 privilege or immunity relating thereto; 

    (c) "Disclaimer" means a written instrument which declines, 
 refuses, releases, renounces or disclaims an interest which 
 would otherwise be succeeded to by a beneficiary, which 
 instrument defines the nature and extent of the interest 
 disclaimed thereby and which must be signed, witnessed and 
 acknowledged by the disclaimant in the manner provided for deeds 
 of real estate.  

    Subd. 2.    Right to disclaim.  A beneficiary may 
 disclaim any interest in whole or in part, or with reference to 
 specific parts, shares or assets thereof, by filing a disclaimer 
 in court in the manner hereinafter provided.  A guardian, 
 executor, administrator or other personal representative of the 
 estate of a minor, incompetent or deceased beneficiary, if that 
 person deems it in the best interests of those interested in the 
 estate of such beneficiary and of those who take the 
 beneficiary's interest by virtue of the disclaimer and not 
 detrimental to the best interests of the beneficiary, with or 
 without an order of the probate court, may execute and file a 
 disclaimer on behalf of the beneficiary within the time and in 
 the manner in which the beneficiary could disclaim if living, of 
 legal age and competent.  A beneficiary likewise may execute and 
 file a disclaimer by agent or attorney so empowered.  

    Subd. 3.    Filing deadline.  Such disclaimer shall be 
 filed at any time after the creation of the interest, but in all 
 events within nine months after the death of the person by whom 
 the interest was created or from whom it would have been 
 received, or, if the disclaimant is not finally ascertained as a 
 beneficiary or the interest has not become indefeasibly fixed 
 both in quality and quantity as of the death of such person, 
 then such disclaimer shall be filed not later than nine months 
 after the event which would cause the disclaimant so to become 
 finally ascertained and the interest to become indefeasibly 
 fixed both in quality and quantity. 

    Subd. 4.    Effectiveness; procedures.  Such disclaimer 
 shall be effective upon being filed in the court in which the 
 estate of the person by whom the interest was created or from 
 whom it would have been received is, or has been, administered 
 or, if no probate administration has been commenced, then in the 
 court where it would be pending if commenced.  A copy of the 
 disclaimer shall be delivered or mailed to the personal 
 representative, trustee or other person having legal title to, 
 or possession of, the property in which the interest disclaimed 
 exists, and no such representative, trustee or person shall be 
 liable for any otherwise proper distribution or other 
 disposition made without actual notice of the disclaimer.  If an 
 interest in or relating to real estate is disclaimed, the 
 original of the disclaimer, or a copy of the disclaimer 
 certified as true and complete by the court administrator of the 
 court wherein the same has been filed, shall be filed in the 
 office of the county recorder or the registrar of titles, as 
 hereinafter provided, in the county or counties where the real 
 estate is situated and shall constitute notice to all persons 
 only from and after the time of such filing.  If title to such 
 real estate has not been registered under the provisions of 
 chapter 508, such disclaimer or certified copy shall be filed 
 with the county recorder.  If title to such real estate has been 
 registered under the provisions of chapter 508, such disclaimer 
 or certified copy shall be filed with the registrar of titles. 

    Subd. 5.    Descent of disclaimed property.  Unless the 
 person by whom the interest was created or from whom it would 
 have been received has otherwise provided by will or other 
 appropriate instrument with reference to the possibility of a 
 disclaimer by the beneficiary, the property in which the 
 interest disclaimed existed shall descend, be distributed or 
 otherwise be disposed of in the same manner as if the 
 disclaimant had died immediately preceding the death or other 
 event which causes the disclaimant to become finally ascertained 
 as a beneficiary and the interest to become indefeasibly fixed 
 both in quality and quantity, and, in any case, the disclaimer 
 shall relate for all purposes to such date, whether filed before 
 or after such death or other event.  However, one disclaiming an 
 interest in a nonresiduary gift, devise or bequest shall not be 
 excluded, unless the disclaimer so provides, from sharing in a 
 gift, devise or bequest of the residue even though, through 
 lapse, such residue includes the assets disclaimed.  An interest 
 of any nature in or to the estate of an intestate may be 
 declined, refused or disclaimed as herein provided without ever 
 vesting in the disclaimant.  

    Subd. 6.    Limitation.  The right to disclaim otherwise 
 conferred by this section shall be barred if the beneficiary is 
 insolvent at the time of the event giving rise to the right to 
 disclaim.  Any voluntary assignment or transfer of, or contract 
 to assign or transfer, an interest in real or personal property, 
 or written waiver of the right to disclaim the succession to an 
 interest in real or personal property, by any beneficiary, or 
 any sale or other disposition of an interest in real or personal 
 property pursuant to judicial process, made before the 
 beneficiary has filed a disclaimer, as herein provided, bars the 
 right otherwise hereby conferred on such beneficiary to disclaim 
 as to such interest.  

    Subd. 7.    Spendthrift and similar provisions.  The 
 right to disclaim granted by this section shall exist 
 irrespective of any limitation imposed on the interest of the 
 disclaimant in the nature of an express or implied spendthrift 
 provision or similar restriction.  A disclaimer, when filed as 
 provided in this section, or a written waiver of the right to 
 disclaim, shall be binding upon the disclaimant or beneficiary 
 so waiving and all parties thereafter claiming by, through or 
 under that person, except that a beneficiary so waiving may 
 thereafter transfer, assign or release the interest if such is 
 not prohibited by an express or implied spendthrift provision.  
 If an interest in real estate is disclaimed and the disclaimer 
 is duly filed in accordance with the provisions of subdivision 
 4, the spouse of the disclaimant, if such spouse has consented 
 to the disclaimer in writing, shall thereupon be automatically 
 debarred from any spouse's statutory or common law right or 
 estate by curtesy or in dower or otherwise in such real estate 
 to which such spouse, except for such disclaimer, would have 
 been entitled.  

    Subd. 8.    Rights under other law.  This section shall 
 not abridge the right of any person, apart from this section, 
 under any existing or future statute or rule of law, to disclaim 
 any interest or to assign, convey, release, renounce or 
 otherwise dispose of any interest.  

    Subd. 9.    Interests existing on May 22, 1965.  Any 
 interest which exists on May 22, 1965 but which has not then 
 become indefeasibly fixed both in quality and quantity, or the 
 taker of which has not then become finally ascertained, may be 
 disclaimed after May 22, 1965 in the manner provided herein. 

    HIST: 1965 c 552 s 1; 1975 c 347 s 112,113; 1976 c 181 s 2; 
 1980 c 439 s 33; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

  525.539 Repealed, 2003 c 12 art 2 s 8 

  525.54 Repealed, 2003 c 12 art 2 s 8 

  525.541 Repealed, 2003 c 12 art 2 s 8 

  525.542 Repealed, 2003 c 12 art 2 s 8 

  525.543 Repealed, 2003 c 12 art 2 s 8 

  525.544 Repealed, 2003 c 12 art 2 s 8 

  525.545 Repealed, 2003 c 12 art 2 s 8 

  525.55 Repealed, 2003 c 12 art 2 s 8 

  525.5501 Repealed, 2003 c 12 art 2 s 8 

  525.551 Repealed, 2003 c 12 art 2 s 8 

  525.5515 Repealed, 2003 c 12 art 2 s 8 

  525.552 Repealed, 2003 c 12 art 2 s 8 

  525.56 Repealed, 2003 c 12 art 2 s 8 

  525.561 Repealed, 2003 c 12 art 2 s 8 

  525.562 Repealed, 2003 c 12 art 2 s 8 

  525.57 Repealed, 2003 c 12 art 2 s 8 

  525.58 Repealed, 2003 c 12 art 2 s 8 

  525.581 Repealed, 2003 c 12 art 2 s 8 

  525.582 Repealed, 2003 c 12 art 2 s 8 

  525.583 Repealed, 2003 c 12 art 2 s 8 

  525.59 Repealed, 2003 c 12 art 2 s 8 

  525.591 Repealed, 2003 c 12 art 2 s 8 

  525.60 Repealed, 2003 c 12 art 2 s 8 

  525.61 Repealed, 2003 c 12 art 2 s 8 

  525.611 Repealed, 1980 c 493 s 40 

  525.612 Repealed, 1980 c 493 s 40 

  525.613 Repealed, 1980 c 493 s 40 

  525.614 Repealed, 1980 c 493 s 40 

  525.615 Repealed, 2003 c 12 art 2 s 8 

  525.6155 Repealed, 2003 c 12 art 2 s 8 

  525.616 Repealed, 2003 c 12 art 2 s 8 

  525.6165 Repealed, 2003 c 12 art 2 s 8 

  525.617 Repealed, 2003 c 12 art 2 s 8 

  525.6175 Repealed, 2003 c 12 art 2 s 8 

  525.618 Repealed, 2003 c 12 art 2 s 8 

  525.6185 Repealed, 2003 c 12 art 2 s 8 

  525.619 Repealed, 2003 c 12 art 2 s 8 

  525.6192 Repealed, 2003 c 12 art 2 s 8 

  525.6194 Repealed, 2003 c 12 art 2 s 8 

  525.6195 Repealed, 2003 c 12 art 2 s 8 

  525.6196 Repealed, 2003 c 12 art 2 s 8 

  525.6197 Repealed, 2003 c 12 art 2 s 8 

  525.6198 Repealed, 2003 c 12 art 2 s 8 

  525.6199 Repealed, 2003 c 12 art 2 s 8 

  525.62 Repealed, 2003 c 12 art 2 s 8 

  525.621 Repealed, 1980 c 493 s 40 

  525.63 Repealed, 2003 c 12 art 2 s 8 

  525.64 Repealed, 2003 c 12 art 2 s 8 

  525.641 Repealed, 2003 c 12 art 2 s 8 

  525.642 Repealed, 2003 c 12 art 2 s 8 

  525.65 Repealed, 2003 c 12 art 2 s 8 

  525.651 Repealed, 2003 c 12 art 2 s 8 

  525.652 Repealed, 2003 c 12 art 2 s 8 

  525.66 Repealed, 2003 c 12 art 2 s 8 

  525.661 Repealed, 2003 c 12 art 2 s 8 

  525.662 Repealed, 2003 c 12 art 2 s 8 

  525.67 Repealed, 2003 c 12 art 2 s 8 

  525.68 Repealed, 2003 c 12 art 2 s 8 

  525.69 Repealed, 2003 c 12 art 2 s 8 

  525.691 Repealed, 2003 c 12 art 2 s 8 

  525.692 Repealed, 2003 c 12 art 2 s 8 

  525.693 Repealed, 1975 c 347 s 144 

  525.70 Repealed, 2003 c 12 art 2 s 8 

  525.701 Repealed, 1975 c 347 s 144 

  525.702 Repealed, 2003 c 12 art 2 s 8 

  525.703 Repealed, 2003 c 12 art 2 s 8 

  525.705 Repealed, 2003 c 12 art 2 s 8 

APPEALS

     525.71 Appealable orders. 

    (a) Appeals to the Court of Appeals may be taken from any 
 of the following orders, judgments, and decrees issued by a 
 judge of the court under this chapter or chapter 524:  

    (1) an order admitting, or refusing to admit, a will to 
 probate; 

    (2) an order appointing, or refusing to appoint, or 
 removing, or refusing to remove, a representative other than a 
 special administrator, temporary or emergency guardian, agent, 
 or conservator; 

    (3) an order authorizing, or refusing to authorize, the 
 sale, mortgage, or lease of real estate, or confirming, or 
 refusing to confirm, the sale or lease of real estate; 

    (4) an order directing, or refusing to direct, a conveyance 
 or lease of real estate under contract; 

    (5) an order permitting, or refusing to permit, the filing 
 of a claim, or allowing or disallowing a claim or counterclaim, 
 in whole or in part, when the amount in controversy exceeds 
 $100; 

    (6) an order setting apart, or refusing to set apart, 
 property, or making, or refusing to make, an allowance for the 
 spouse or children; 

    (7) an order determining, or refusing to determine, venue; 
 an order transferring, or refusing to transfer, venue; 

    (8) an order directing, or refusing to direct, the payment 
 of a bequest or distributive share when the amount in 
 controversy exceeds $100; 

    (9) an order allowing, or refusing to allow, an account of 
 a representative or any part of it when the amount in 
 controversy exceeds $100; 

    (10) an order adjudging a person in contempt; 

    (11) an order vacating, or refusing to vacate, a previous 
 appealable order, judgment, or decree alleged to have been 
 procured by fraud or misrepresentation, or through surprise or 
 excusable inadvertence or neglect; 

    (12) a judgment or decree of partial or final distribution 
 or an order determining or confirming distribution or any order 
 of general protection; 

    (13) an order entered pursuant to section 576.142; 

    (14) an order granting or denying restoration to capacity; 

    (15) an order made directing, or refusing to direct, the 
 payment of representative's fees or attorneys' fees, and in such 
 case the representative and the attorney shall each be deemed an 
 aggrieved party and entitled to appeal; 

    (16) an order, judgment, or decree relating to or affecting 
 estate taxes or refusing to amend, modify, or vacate such an 
 order, judgment, or decree; and 

    (17) an order extending the time for the settlement of the 
 estate beyond five years from the date of the appointment of the 
 representative.  

    (b) Appeals to the Court of Appeals may also be taken from 
 any other properly appealable order pursuant to the Rules of 
 Civil Appellate Procedure. 

    (c) An order appointing, refusing to appoint, removing, or 
 refusing to remove a temporary or emergency guardian under 
 sections 524.5-204, paragraphs (b) and (c), 524.5-311, and 
 524.5-312, or temporary or emergency conservator or agent under 
 sections 524.5-406, paragraph (f), and 524.5-412, or a special 
 administrator under section 524.3-614, is not an appealable 
 order under this section or the Rules of Civil Appellate 
 Procedure. 

    HIST: (8992-164) 1935 c 72 s 164; 1939 c 270 s 9; 1941 c 411 s 
 1; 1963 c 740 s 24; 1974 c 447 s 4; 1975 c 347 s 135; 1979 c 303 
 art 3 s 38; 1983 c 247 s 186; 2004 c 146 art 2 s 8 

  525.711 Repealed, 1983 c 247 s 219 

     525.712 Requisites. 

    The appeal may be taken under the Rules of Appellate 
 Procedure by any person aggrieved after service by any party of 
 written notice of the filing of the order, judgment, or decree 
 appealed from, or if no written notice is served, within six 
 months after the filing of the order, judgment, or decree.  
 Except as provided in this section, the appeal shall be 
 perfected and determined upon the record as provided in the 
 Rules of Appellate Procedure. 

    HIST: (8992-166) 1935 c 72 s 166; 1937 c 435 s 21; 1953 c 476 
 s 1; 1980 c 344 s 1; 1987 c 346 s 17; 1996 c 305 art 1 s 116; 
 2000 c 362 s 4 

  525.713 Repealed, 1980 c 344 s 2 

     525.714 Suspension by appeal. 

    The appeal shall suspend the operation of the order, 
 judgment, or decree appealed from until the appeal is determined 
 or the Court of Appeals orders otherwise.  The Court of Appeals 
 may require the appellant to give additional bond for the 
 payment of damages which may be awarded against the appellant in 
 consequence of the suspension, on the appellant's failure to 
 obtain a reversal of the order, judgment, or decree appealed 
 from.  Nothing herein contained shall prevent the probate court 
 from appointing special representatives nor prevent special 
 representatives from continuing to act as such.  

    HIST: (8992-168) 1935 c 72 s 168; 1983 c 247 s 187; 1986 c 444 

  525.72 Repealed, 1980 c 344 s 2 

     525.73 Affirmance; reversal. 

    When the appellant fails to prosecute the appeal, or the 
 order, judgment, or decree appealed from or reviewed is 
 sustained, judgment shall be entered in the Court of Appeals 
 affirming the decision of the court.  Upon the filing in the 
 court of a certified transcript of the judgment, the court shall 
 proceed as if no appeal had been taken.  If the order, judgment, 
 or decree reviewed is reversed or modified, the Court of Appeals 
 shall remand the case to the court with directions to proceed in 
 conformity with its decision.  Upon the filing in the court of a 
 certified transcript of the judgment, it shall proceed as 
 directed by the Court of Appeals.  

    HIST: (8992-170) 1935 c 72 s 170; 1983 c 247 s 188; 1986 c 
 444; 1995 c 189 s 8; 1996 c 277 s 1 

     525.731 Judgment; execution.  

    The party prevailing on the appeal shall be entitled to 
 costs and disbursements to be taxed as in a civil action.  If 
 judgment be rendered against the estate, they shall be an 
 adjudicated claim against it.  If judgment be rendered against 
 an appellant other than the state, the Veterans' Administration, 
 or representative appealing on behalf of the estate, judgment 
 shall be entered against the appellant and the sureties on the 
 appeal bond and execution may issue thereon.  

    HIST: (8992-171) 1935 c 72 s 171; 1986 c 444 

  525.74 Repealed, 1982 c 501 s 26; 1983 c 247 s 219 

  525.749 Repealed, 1967 c 638 s 22 

  525.75 Repealed, 1967 c 638 s 22 

  525.751 Repealed, 1967 c 638 s 22 

  525.752 Repealed, 1967 c 638 s 22 

  525.753 Repealed, 1967 c 638 s 22 

  525.754 Repealed, 1967 c 638 s 22 

  525.76 Repealed, 1967 c 638 s 22 

  525.761 Repealed, 1967 c 638 s 22 

  525.762 Repealed, 1967 c 638 s 22 

  525.763 Repealed, 1967 c 638 s 22 

  525.77 Repealed, 1967 c 638 s 22 

  525.78 Repealed, 1967 c 638 s 22 

  525.79 Repealed, 1967 c 638 s 22 

GENERAL PROVISIONS

  525.80 Representative. 

    As used in this chapter, the word "representative," unless 
 the context otherwise indicates, includes personal 
 representatives as that term is defined in chapter 524, 
 guardians, and conservators. 

    HIST: 1975 c 347 s 136 

  525.805 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.81 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.82 Repealed, 1974 c 442 art 8 s 524.8-102 

     525.83 Notice. 

    When notice of hearing is required by any provision of this 
 chapter by reference to this section, the notice shall be given 
 once a week for three consecutive weeks in a legal newspaper 
 designated by the petitioner in the county wherein the 
 proceedings are pending; or, if no such designation be made, in 
 any legal newspaper in the county; or, if the city of the 
 decedent's residence is situated in more than one county, in any 
 legal newspaper in the city.  The first publication shall be had 
 within two weeks after the date of the order fixing the time and 
 place for the hearing. 

    At least 14 days prior to the date fixed for hearing the 
 petitioner, the petitioner's attorney or agent, shall in 
 guardianship or conservatorship mail a copy of the notice to the 
 ward or conservatee, and other persons as the court may direct 
 and in decedents' estates shall mail a copy of the notice to 
 each heir, devisee, and legatee whose name and address are known.

    Proof of publication and mailing shall be filed before the 
 hearing.  No defect in any notice nor in the publication or 
 service thereof shall invalidate any proceedings. 

    HIST: (8992-188) 1935 c 72 s 188; 1941 c 422 s 1; 1957 c 30 s 
 1; 1971 c 497 s 7; 1973 c 123 art 5 s 7; 1973 c 404 s 1; 1975 c 
 347 s 137; 1980 c 493 s 25; 1986 c 444 

     525.831 Notice to attorney general of devises for 
  charitable purposes. 

    Whenever a will provides for a devise for a charitable 
 purpose, as defined in section 501B.35, subdivision 2, the 
 personal representative shall provide the attorney general with 
 the notices or documents, if any, required by section 501B.41, 
 subdivision 5. 

    HIST: 1978 c 601 s 28; 1989 c 340 art 2 s 5 

     525.84 Erroneous escheat.  

    When any property has escheated to the state because the 
 decedent left surviving no spouse nor kindred or because of the 
 failure of a devisee or legatee to receive under a will admitted 
 to probate, or when application is made to prove a will 
 disposing of property escheated to the state, upon the petition 
 of the representative or any person interested in the estate and 
 upon 20 days' notice to the attorney general and to such other 
 persons as the court may direct, the court may admit the will to 
 probate as provided by law, or make its determination of 
 heirship and enter its order assigning the escheated property to 
 the persons entitled thereto.  

    HIST: (8992-189) 1935 c 72 s 189; 1975 c 347 s 138 

     525.841 Escheat returned. 

    In all such cases the commissioner of finance shall be 
 furnished with a certified copy of the court's order assigning 
 the escheated property to the persons entitled thereto, and upon 
 notification of payment of the estate tax, the commissioner of 
 finance shall draw a warrant or execute a proper conveyance to 
 the persons designated in such order.  In the event any 
 escheated property has been sold pursuant to sections 11A.04, 
 clause (9), and 11A.10, subdivision 2, or 16B.281 to 16B.287, 
 then the warrant shall be for the appraised value as established 
 during the administration of the decedent's estate.  There is 
 hereby annually appropriated from any moneys in the state 
 treasury not otherwise appropriated an amount sufficient to make 
 payment to all such designated persons.  No interest shall be 
 allowed on any amount paid to such persons.  

    HIST: (8992-190) 1935 c 72 s 190; 1957 c 861 s 8; 1973 c 492 s 
 14; 1975 c 347 s 139; 1979 c 303 art 3 s 40; 1980 c 607 art 14 s 
 46; 1986 c 444; 2003 c 112 art 2 s 49; 2004 c 262 art 1 s 40 

     525.85 Disclosure proceedings.  

    Upon the filing of a petition by the representative or any 
 person interested in the estate, alleging that any person has 
 concealed, converted, embezzled, or disposed of any property 
 belonging to the estate of a decedent or that any person has 
 possession or knowledge of any will or codicil of such decedent, 
 or of any instruments in writing relating to such property, the 
 court, upon such notice as it may direct may order such person 
 to appear before it for disclosure.  Refusal to appear or submit 
 to examination, or failure to obey any lawful order based 
 thereon shall constitute contempt of court.  

    HIST: (8992-191) 1935 c 72 s 191 

  525.86 Repealed, 1975 c 347 s 144 

  525.87 Repealed, 1975 c 347 s 144 

     525.88 State patents.  

    Where patents for public lands have been or may be issued, 
 in pursuance of any law of this state, to a person who has died 
 before the date of such patent, the title to the land designated 
 therein shall inure to and become vested in the heirs, devisees, 
 or assignees of such deceased patentees as if the patent had 
 been issued to the deceased person during life.  

    HIST: (8992-194) 1935 c 72 s 194 

     525.881 Federal patents.  

    When any person holding a homestead or tree claim entry 
 under the laws of the United States has died before making final 
 proof and final proof has afterwards been made by the heirs, 
 devisees, or representatives, and a patent has been granted to 
 the "heirs" or "devisees," the district court of the county in 
 which the real estate so patented is situated, may determine who 
 are such heirs or devisees, and may determine their respective 
 shares in such homestead or tree claim.  The provisions of the 
 Code of Civil Procedure relating to the determination of adverse 
 claims to real estate in so far as the same may be applicable, 
 shall pertain to and govern the procedure in the action provided 
 for in this section.  

    HIST: (8992-195) 1921 c 36 s 2; 1935 c 72 s 195; 1986 c 444 

  525.89 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.90 Renumbered 524.2-702 

  525.91 Letters, contents. 

    All letters issued by the courts to representatives of 
 estates of deceased persons shall state the date of death of the 
 deceased. 

    HIST: 1975 c 347 s 140 

UNIFORM ANATOMICAL GIFT ACT

     525.921 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 525.921 to 525.9224 the terms defined in this section have the 
 meanings given them.  

    Subd. 1a.    Anatomical gift.  "Anatomical gift" means a 
 donation of all or part of a human body to take effect upon or 
 after death. 

    Subd. 2. Repealed, 1991 c 202 s 42 

    Subd. 3.    Decedent.  "Decedent" means a deceased 
 individual and includes a stillborn infant or an embryo or fetus 
 that has died of natural causes in utero.  

    Subd. 3a.    Document of gift.  "Document of gift" means 
 a card, a statement attached to or imprinted on a motor vehicle 
 operator's or chauffeur's license, a will, or other writing used 
 to make an anatomical gift. 

    Subd. 4.    Donor.  "Donor" means an individual who 
 makes an anatomical gift of all or part of the individual's body.

    Subd. 4a.    Enucleator.  "Enucleator" means an 
 individual who has completed a course in eye enucleation 
 conducted and certified by the department of ophthalmology of 
 any accredited college of medicine, and holds a valid 
 certificate of competence for completing the course. 

    Subd. 5.    Hospital.  "Hospital" means a facility 
 licensed, accredited, or approved as a hospital under the laws 
 of any state or a facility operated as a hospital by the United 
 States government, a state, or a subdivision of a state. 

    Subd. 6.    Part.  "Part" means organs, tissues, eyes, 
 bones, arteries, blood, other fluids and any other portions of a 
 human body.  

    Subd. 7.    Person.  "Person" means an individual, 
 corporation, government or governmental subdivision or agency, 
 business trust, estate, trust, partnership or association, or 
 any other legal entity.  

    Subd. 8.    Physician or surgeon.  "Physician" or 
 "surgeon" means an individual licensed or otherwise authorized 
 to practice medicine and surgery or osteopathy and surgery under 
 the laws of any state.  

    Subd. 8a.    Procurement organization.  "Procurement 
 organization" means a person licensed, accredited, or approved 
 under the laws of any state for procurement, distribution, or 
 storage of human bodies or parts. 

    Subd. 9.    State.  "State" includes any state, 
 district, commonwealth, territory, insular possession, and any 
 other area subject to the legislative authority of the United 
 States of America.  

    Subd. 10.    Technician.  "Technician" means an 
 individual who is appropriately trained to remove or process a 
 part. 

    HIST: 1969 c 79 s 1; 1986 c 444; 1991 c 202 s 18-27 

     525.9211 Making, amending, revoking, and refusing to 
  make anatomical gifts by individual. 

    Subdivision 1.    Title.  This section may be cited as 
 the "Darlene Luther Anatomical Gift Act." 

    Subd. 2.    Requirements.  (a) An individual who is at 
 least 18 years of age, or a minor with the written consent of a 
 parent or legal guardian, may (i) make an anatomical gift for 
 any of the purposes stated in section 525.9215, paragraph (a), 
 (ii) limit an anatomical gift to one or more of those purposes, 
 or (iii) refuse to make an anatomical gift. 

    (b) An anatomical gift may be made by a will or by a 
 document of gift signed by the donor.  If the donor cannot sign, 
 the document of gift must be signed by another individual and by 
 two witnesses, all of whom have signed at the direction and in 
 the presence of the donor and of each other, and state that it 
 has been so signed. 

    (c) If a document of gift is attached to or imprinted on a 
 donor's motor vehicle operator's or chauffeur's license, the 
 document of gift must comply with paragraph (b).  Revocation, 
 suspension, expiration, or cancellation of the license does not 
 invalidate the anatomical gift. 

    (d) A document of gift may designate a particular physician 
 or surgeon to carry out the appropriate procedures.  In the 
 absence of a designation or if the designee is not available, 
 the donee or other person authorized to accept the anatomical 
 gift may employ or authorize any physician, surgeon, technician, 
 or enucleator to carry out the appropriate procedures. 

    (e) An anatomical gift by will takes effect upon death of 
 the testator, whether or not the will is probated.  If, after 
 death, the will is declared invalid for testamentary purposes, 
 the validity of the anatomical gift is unaffected. 

    (f) A donor may amend or revoke an anatomical gift, not 
 made by will, only by: 

    (1) a signed statement; 

    (2) an oral statement made in the presence of two 
 individuals; 

    (3) any form of communication during a terminal illness or 
 injury addressed to a health care professional or member of the 
 clergy; or 

    (4) the delivery of a signed statement to a specified donee 
 to whom a document of gift had been delivered. 

    (g) The donor of an anatomical gift made by will may amend 
 or revoke the gift in the manner provided for amendment or 
 revocation of wills, or as provided in paragraph (f). 

    (h) An anatomical gift that is not revoked by the donor 
 before death is irrevocable and does not require the consent or 
 concurrence of any person after the donor's death.  An 
 anatomical gift designation made by a will, a designation on a 
 driver's license or Minnesota identification card made under 
 section 171.07, subdivision 5, or a health care directive under 
 chapter 145C, and not revoked, establishes the intent of the 
 person making the designation and may not be overridden by any 
 other person.  For a donor's revocation of an anatomical gift 
 made by a document of gift to be valid, the donor must use one 
 of the methods of revocation in paragraph (f). 

    (i) An individual may refuse to make an anatomical gift of 
 the individual's body or part by (i) a writing signed in the 
 same manner as a document of gift, or (ii) any other writing 
 used to identify the individual as refusing to make an 
 anatomical gift.  During a terminal illness or injury, the 
 refusal may be an oral statement or other form of communication. 

    (j) In the absence of contrary indications by the donor, an 
 anatomical gift of a part is neither a refusal to give other 
 parts nor a limitation on an anatomical gift under section 
 525.9212 or on a removal or release of other parts under section 
 525.9213. 

    (k) In the absence of contrary indications by the donor, a 
 revocation or amendment of an anatomical gift is not a refusal 
 to make another anatomical gift.  If the donor intends a 
 revocation to be a refusal to make an anatomical gift, the donor 
 shall make the refusal pursuant to paragraph (i). 

    HIST: 1991 c 202 s 28; 2002 c 349 s 2 

     525.9212 Making, revoking, and objecting to anatomical 
  gifts, by others. 

    (a) Any member of the following classes of persons, in the 
 order of priority listed, may make an anatomical gift of all or 
 a part of the decedent's body for an authorized purpose, unless 
 the decedent has made a refusal to make that anatomical gift 
 that is unrevoked at the time of death: 

    (1) the spouse of the decedent; 

    (2) an adult son or daughter of the decedent; 

    (3) either parent of the decedent; 

    (4) an adult brother or sister of the decedent; 

    (5) a grandparent of the decedent; and 

    (6) a guardian of the decedent at the time of death or a 
 health care agent or proxy appointed by the decedent under a 
 health care directive as defined in section 145C.01, a living 
 will under chapter 145B, or other similar document executed in 
 another state and enforceable under the laws of this state. 

    (b) An anatomical gift may not be made by a person listed 
 in paragraph (a) if: 

    (1) a person in a prior class is available at the time of 
 death to make an anatomical gift; 

    (2) the person proposing to make an anatomical gift knows 
 of a refusal or contrary indications by the decedent; or 

    (3) the person proposing to make an anatomical gift knows 
 of an objection to making an anatomical gift by a member of the 
 person's class or a prior class. 

    (c) An anatomical gift by a person authorized under 
 paragraph (a) must be made by (i) a document of gift signed by 
 the person, or (ii) the person's telegraphic, recorded 
 telephonic, or other recorded message, or other form of 
 communication from the person that is contemporaneously reduced 
 to writing and signed by the recipient. 

    (d) An anatomical gift by a person authorized under 
 paragraph (a) may be revoked by any member of the same or a 
 prior class if, before procedures have begun for the removal of 
 a part from the body of the decedent, the physician, surgeon, 
 technician, or enucleator removing the part knows of the 
 revocation. 

    (e) A failure to make a decision as to an anatomical gift 
 under paragraph (a) is not an objection to the making of an 
 anatomical gift. 

    HIST: 1991 c 202 s 29; 1998 c 399 s 36; 2005 c 10 art 4 s 23 

     525.9213 Authorization by coroner or medical examiner or 
  local public health official. 

    (a) The coroner or medical examiner may release and permit 
 the removal of a part from a body within that official's 
 custody, for transplantation or therapy, if:  

    (1) the official has received a request for the part from a 
 hospital, physician, surgeon, or procurement organization; 

    (2) the official has made a reasonable effort, taking into 
 account the useful life of the part, to locate and examine the 
 decedent's medical records and inform persons listed in section 
 525.9212, paragraph (a), of their option to make, or object to 
 making, an anatomical gift; 

    (3) the official does not know of a refusal or contrary 
 indication by the decedent or objection by a person having 
 priority to act as listed in section 525.9212, paragraph (a); 

    (4) the removal will be by a physician, surgeon, or 
 technician; but in the case of eyes, by one of them or by an 
 enucleator; 

    (5) the removal will not interfere with any autopsy or 
 investigation; and 

    (6) the removal will be in accordance with accepted medical 
 standards.  

    (b) If the body is not within the custody of the coroner or 
 medical examiner, the local public health officer may release 
 and permit the removal of any part from a body in the local 
 public health officer's custody for transplantation or therapy 
 if the requirements of paragraph (a) are met. 

    (c) An official releasing and permitting the removal of a 
 part shall maintain a permanent record of the name of the 
 decedent, the person making the request, the date and purpose of 
 the request, the part requested, and the person to whom it was 
 released. 

    HIST: 1991 c 202 s 30 

     525.9214 Routine inquiry and required request; search 
  and notification. 

    (a) If, at or near the time of death of a patient, there is 
 no documentation in the medical record that the patient has made 
 or refused to make an anatomical gift, the hospital 
 administrator or a representative designated by the 
 administrator shall discuss with the patient or a relative of 
 the patient the option to make or refuse to make an anatomical 
 gift and may request the making of an anatomical gift pursuant 
 to section 525.9211 or 525.9212.  The request must be made with 
 reasonable discretion and sensitivity to the circumstances of 
 the family.  A request is not required if the gift is not 
 suitable, based upon accepted medical standards, for a purpose 
 specified in section 525.9215.  An entry must be made in the 
 medical record of the patient, stating the name of the 
 individual making the request, and the name, response, and 
 relationship to the patient of the person to whom the request 
 was made.  

    (b) The following persons shall make a reasonable search 
 for a document of gift or other information identifying the 
 bearer as a donor or as an individual who has refused to make an 
 anatomical gift: 

    (1) a law enforcement officer, firefighter, paramedic, or 
 other emergency rescuer finding an individual who the searcher 
 believes is dead or near death; 

    (2) a hospital or emergency care facility, upon the 
 admission or presentation of an individual at or near the time 
 of death, if there is not immediately available any other source 
 of that information; and 

    (3) a medical examiner or coroner upon receipt of a body. 

    (c) If a document of gift or evidence of refusal to make an 
 anatomical gift is located by the search required by paragraph 
 (b), clause (1), and the individual or body to whom it relates 
 is taken to a hospital, the hospital must be notified of the 
 contents and the document or other evidence must be sent to the 
 hospital. 

    (d) If, at or near the time of death of a patient, a 
 hospital knows that an anatomical gift has been made pursuant to 
 section 525.9212, paragraph (a), or a release and removal of a 
 part has been permitted pursuant to section 525.9213, or that a 
 patient or an individual identified as in transit to the 
 hospital is a donor, the hospital shall notify the donee if one 
 is named and known to the hospital; if not, it shall notify an 
 appropriate procurement organization.  The hospital shall 
 cooperate in the implementation of the anatomical gift or 
 release and removal of a part. 

    (e) A person who fails to discharge the duties imposed by 
 this section is not subject to criminal or civil liability.  

    HIST: 1991 c 202 s 31 

     525.9215 Persons who may become donees; purposes for 
  which anatomical gifts may be made. 

    (a) The following persons may become donees of anatomical 
 gifts for the purposes stated: 

    (1) a hospital, nonprofit organization in medical education 
 and research, physician, surgeon, or procurement organization, 
 for transplantation, therapy, medical or dental education, 
 research, or advancement of medical or dental science; 

    (2) an accredited medical or dental school, college, or 
 university for education, research, advancement of medical or 
 dental science; 

    (3) an approved chiropractic college for education; or 

    (4) a designated individual for transplantation or therapy 
 needed by that individual. 

    (b) An anatomical gift may be made to a designated donee or 
 without designating a donee.  If a donee is not designated or if 
 the donee is not available or rejects the anatomical gift, the 
 anatomical gift may be accepted by any hospital or procurement 
 organization. 

    (c) If the donee knows of the decedent's refusal or 
 contrary indications to make an anatomical gift or that an 
 anatomical gift by a member of a class having priority to act is 
 opposed by a member of the same class or a prior class under 
 section 525.9212, paragraph (a), the donee may not accept the 
 anatomical gift. 

    HIST: 1991 c 202 s 32 

     525.9216 Delivery of document of gift. 

    (a) Delivery of a document of gift during the donor's 
 lifetime is not required for the validity of an anatomical gift. 

    (b) If an anatomical gift is made to a designated donee, 
 the document of gift, or a copy, may be delivered to the donee 
 to expedite the appropriate procedures after death.  The 
 document of gift, or a copy, may be deposited in any hospital, 
 procurement organization, or registry office that accepts it for 
 safekeeping or for facilitation of procedures after death.  On 
 request of an interested person, upon or after the donor's 
 death, the person in possession shall allow the interested 
 person to examine or copy the document of gift. 

    HIST: 1991 c 202 s 33 

     525.9217 Rights and duties at death. 

    (a) Rights of a donee created by an anatomical gift are 
 superior to rights of others except with respect to autopsies 
 under section 525.9221, paragraph (b).  A donee may accept or 
 reject an anatomical gift.  If a donee accepts an anatomical 
 gift of an entire body, the donee, subject to the terms of the 
 gift, may allow embalming and use of the body in funeral 
 services.  If the gift is of a part of a body, the donee, upon 
 the death of the donor and before embalming, shall cause the 
 part to be removed without unnecessary mutilation.  After 
 removal of the part, custody of the remainder of the body vests 
 in the person under obligation to dispose of the body. 

    (b) The time of death must be determined by a physician or 
 surgeon who attends the donor at death or, if none, the 
 physician or surgeon who certifies the death.  Neither the 
 physician or surgeon who attends the donor at death nor the 
 physician or surgeon who determines the time of death may 
 participate in the procedures for removing or transplanting a 
 part unless the document of gift designates a particular 
 physician or surgeon pursuant to section 525.9211, paragraph (d).

    (c) If there has been an anatomical gift, a technician may 
 remove any donated parts and an enucleator may remove any 
 donated eyes or parts of eyes, after determination of death by a 
 physician or surgeon. 

    HIST: 1991 c 202 s 34 

     525.9218 Coordination of procurement and use. 

    The procurement organizations, after consultation with 
 hospitals, shall establish agreements or affiliations for 
 coordination of procurement and use of human bodies and parts. 

    HIST: 1991 c 202 s 35 

     525.9219 Sale or purchase of parts prohibited. 

    (a) A person may not knowingly, for valuable consideration, 
 purchase or sell a part for transplantation or therapy, if 
 removal of the part is intended to occur after the death of the 
 decedent. 

    (b) Valuable consideration does not include reasonable 
 payment for the removal, processing, disposal, preservation, 
 quality control, storage, transportation, or implantation of a 
 part. 

    (c) A person who violates this section is guilty of a 
 felony and upon conviction is subject to a fine not exceeding 
 $50,000 or imprisonment not exceeding five years, or both. 

    HIST: 1991 c 202 s 36 

  525.922 Repealed, 1991 c 202 s 42 

     525.9221 Examination, autopsy, applicable law, liability.

    (a) An anatomical gift authorizes any reasonable 
 examination necessary to assure medical acceptability of the 
 gift for the purposes intended. 

    (b) The provisions of sections 525.921 to 525.9224 are 
 subject to the laws of this state governing autopsies. 

    (c) A hospital, physician, surgeon, coroner, medical 
 examiner, local public health officer, enucleator, technician, 
 or other person, who acts in accordance with sections 525.921 to 
 525.9224 or with the applicable anatomical gift law of another 
 state or a foreign country or attempts in good faith to do so is 
 not liable for that act in a civil action or criminal proceeding.

    (d) An individual who makes an anatomical gift pursuant to 
 section 525.9211 or 525.9212, and the individual's estate are 
 not liable for any injury or damage that may result from the 
 making or the use of the anatomical gift. 

    (e) The provision or use of any part of a human body, 
 including blood, blood components, bone marrow, or solid organs 
 from living donors, for the purpose of injection, transfusion, 
 or transplantation in the human body is the rendition of a 
 health care service by each person participating in the 
 provision or use and is not a sale of goods, as that term is 
 defined in section 336.2-105, paragraph (1), or a sale of a 
 product. 

    HIST: 1991 c 202 s 37; 1993 c 13 art 1 s 46; 1993 c 256 s 1 

     525.9222 Transitional provisions. 

    Sections 525.921 to 525.9224 apply to a document of gift, 
 revocation, or refusal to make an anatomical gift signed by the 
 donor or a person authorized to make or object to making an 
 anatomical gift before, on, or after the effective date of 
 sections 525.921 to 525.9224. 

    HIST: 1991 c 202 s 38 

     525.9223 Uniformity of application and construction. 

    Sections 525.921 to 525.9224 shall be applied and construed 
 to effectuate their general purpose to make uniform the law with 
 respect to the subject of sections 525.921 to 525.9224 among 
 states enacting it. 

    HIST: 1991 c 202 s 39 

     525.9224 Short title. 

    Sections 525.921 to 525.9224 may be cited as the "Uniform 
 Anatomical Gift Act (1987)." 

    HIST: 1991 c 202 s 40 

  525.923 Repealed, 1991 c 202 s 42 

  525.924 Repealed, 1991 c 202 s 42 

  525.925 Repealed, 1991 c 202 s 42 

  525.926 Repealed, 1991 c 202 s 42 

  525.927 Repealed, 1991 c 202 s 42 

  525.928 Repealed, 1991 c 202 s 42 

  525.929 Repealed, 1991 c 202 s 42 

  525.93 Repealed, 1991 c 202 s 42 

  525.94 Repealed, 1991 c 202 s 42 

     525.95 Fiduciary powers, suspension during war service. 

    Subdivision 1.    Definitions.  The definitions in this 
 subdivision apply to this section. 

    (a) "War service" includes the following, during a period 
 when the United States is engaged in war or other major military 
 engagement with a foreign nation: 

    (1) active membership in the military forces of the United 
 States or any of its allies; 

    (2) acceptance for membership in the military forces of the 
 United States or any of its allies and awaiting induction into 
 that service; 

    (3) participation in work abroad in connection with a 
 governmental agency of the United States or any of its allies, 
 with the Red Cross, or with a similar service; 

    (4) internment by an enemy or absence from the United 
 States and inability to return; and 

    (5) service arising out of or in connection with the war or 
 other major military engagement, which in the opinion of the 
 court prevents the fiduciary from giving the proper attention to 
 duties. 

    (b) "Fiduciary" refers to a trustee of a testamentary trust 
 or of an express trust, a guardian of a person or conservator of 
 a person's estate, an executor of a will, an administrator of 
 the estate of the decedent, a custodian under the Minnesota 
 Uniform Transfers to Minors Act, or an advisor or consultant in 
 a testamentary or express trust. 

    Subd. 2.    Powers of fiduciary may be suspended; 
 petition.  A fiduciary who contemplates entering war service, 
 a fiduciary who is engaged in war service, a cofiduciary, or an 
 interested person may petition the proper court having 
 jurisdiction in matters of that nature for the suspension of the 
 powers and duties of the fiduciary during the period of war 
 service and until the further order of the court, and may 
 petition for the reinstatement of the fiduciary upon the 
 fiduciary's return. 

    Subd. 3.    Notice of hearing.  Notice of the hearing on 
 a petition under subdivision 2 must be given to persons and in 
 the manner the court directs. 

    Subd. 4.    Hearing; order.  After a hearing on a 
 petition under subdivision 2 or in the case of an executor, 
 administrator, or guardian on the court's own motion, the court 
 may: 

    (1) order the suspension of the powers and duties of the 
 fiduciary who is in war service for the period of the war 
 service and until the further order of the court; 

    (2) appoint a successor fiduciary to serve for the period 
 of suspension of the powers and duties of the fiduciary and 
 until the further order of the court, if upon suspension of 
 powers and duties, there is no fiduciary to exercise the powers 
 and duties of the fiduciary who is in war service, or if in the 
 opinion of the court the appointment of a cofiduciary is 
 advisable; 

    (3) decree that the ownership and title to the trust 
 property vests in the successor fiduciary or cofiduciary, as the 
 case may be, and that the duties, powers, and discretions, or 
 those of the powers and discretions that are not personal to the 
 fiduciary, may be exercised by the cofiduciary or successor 
 fiduciary; 

    (4) make other orders the court considers advisable with 
 respect to the trust estate or its administration, and authorize 
 a reasonable compensation to the successor fiduciary; or 

    (5) reserve jurisdiction for the entry of further orders 
 and for the reinstatement of the fiduciary. 

    Upon petition, the court shall order the reinstatement of 
 the fiduciary when the fiduciary's war service has terminated if 
 it appears that the trust is not fully executed or 
 administration of the estate is not completed. 

    Subd. 5.    Responsibility of fiduciary.  The fiduciary 
 has no responsibility for the acts and doings of the cofiduciary 
 or successor fiduciary during the period of the suspension of 
 the fiduciary's powers and duties, but is not relieved of 
 responsibility for the fiduciary's own acts or doings in the 
 administration of the trust fund or estate.  A successor 
 fiduciary appointed under this section is not responsible for 
 the acts of the predecessor fiduciary. 

    HIST: 1989 c 340 art 1 s 75; 2005 c 10 art 4 s 24