2007 Minnesota Statutes

525.312 MS 1971 [Repealed, 1974 c 442 art 8 s 524.8-102]
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.
History: 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