Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
524.3-414 FORMAL PROCEEDINGS CONCERNING APPOINTMENT OF PERSONAL
REPRESENTATIVE.
(a) A formal proceeding for adjudication regarding the priority or qualification of one who
is an applicant for appointment as personal representative, or of one who previously has been
appointed personal representative in informal proceedings, if an issue concerning the testacy of
the decedent is or may be involved, is governed by section 524.3-402, as well as by this section.
In other cases, the petition shall contain or adopt the statements required by section 524.3-301(1)
and describe the question relating to priority or qualification of the personal representative which
is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall
stay any pending informal appointment proceedings as well as any commenced thereafter. If the
proceeding is commenced after appointment, the previously appointed personal representative,
after receipt of notice thereof, shall refrain from exercising any power of administration except as
necessary to preserve the estate or unless the court orders otherwise.
(b) After notice to interested persons, including all persons interested in the administration
of the estate as successors under the applicable assumption concerning testacy, any previously
appointed personal representative and any person having or claiming priority for appointment as
personal representative, the court shall determine who is entitled to appointment under section
524.3-203, make a proper appointment and, if appropriate, terminate any prior appointment found
to have been improper as provided in cases of removal under section 524.3-611.
History: 1974 c 442 art 3 s 524.3-414
REPRESENTATIVE.
(a) A formal proceeding for adjudication regarding the priority or qualification of one who
is an applicant for appointment as personal representative, or of one who previously has been
appointed personal representative in informal proceedings, if an issue concerning the testacy of
the decedent is or may be involved, is governed by section 524.3-402, as well as by this section.
In other cases, the petition shall contain or adopt the statements required by section 524.3-301(1)
and describe the question relating to priority or qualification of the personal representative which
is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall
stay any pending informal appointment proceedings as well as any commenced thereafter. If the
proceeding is commenced after appointment, the previously appointed personal representative,
after receipt of notice thereof, shall refrain from exercising any power of administration except as
necessary to preserve the estate or unless the court orders otherwise.
(b) After notice to interested persons, including all persons interested in the administration
of the estate as successors under the applicable assumption concerning testacy, any previously
appointed personal representative and any person having or claiming priority for appointment as
personal representative, the court shall determine who is entitled to appointment under section
524.3-203, make a proper appointment and, if appropriate, terminate any prior appointment found
to have been improper as provided in cases of removal under section 524.3-611.
History: 1974 c 442 art 3 s 524.3-414
Official Publication of the State of Minnesota
Revisor of Statutes