2007 Minnesota Statutes

524.3-803 LIMITATIONS ON PRESENTATION OF CLAIMS.
(a) All claims as defined in section 524.1-201(6), against a decedent's estate which arose
before the death of the decedent, including claims of the state and any subdivision thereof,
whether due or to become due, absolute or contingent, liquidated or unliquidated, if not barred
earlier by other statute of limitations, are barred against the estate, the personal representative,
and the heirs and devisees of the decedent, unless presented as follows:
(1) in the case of a creditor who is only entitled, under the United States Constitution and
under the Minnesota Constitution, to notice by publication under section 524.3-801, within
four months after the date of the court administrator's notice to creditors which is subsequently
published pursuant to section 524.3-801;
(2) in the case of a creditor who was served with notice under section 524.3-801(c), within
the later to expire of four months after the date of the first publication of notice to creditors or
one month after the service;
(3) within the later to expire of one year after the decedent's death, or one year after June 16,
1989, whether or not notice to creditors has been published or served under section 524.3-801,
provided, however, that in the case of a decedent who died before June 16, 1989, no claim which
was then barred by any provision of law may be deemed to have been revived by the amendment
of this section.
(b) All claims against a decedent's estate which arise at or after the death of the decedent,
including claims of the state and any subdivision thereof, whether due or to become due, absolute
or contingent, liquidated or unliquidated, are barred against the estate, the personal representative,
and the heirs and devisees of the decedent, unless presented as follows:
(1) a claim based on a contract with the personal representative, within four months after
performance by the personal representative is due;
(2) any other claim, within four months after it arises.
(c) Nothing in this section affects or prevents:
(1) any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;
(2) any proceeding to establish liability of the decedent or the personal representative for
which there is protection by liability insurance, to the limits of the insurance protection only;
(3) the presentment and payment at any time within one year after the decedent's death of
any claim arising before the death of the decedent that is referred to in section 524.3-715, clause
(18), although the same may be otherwise barred under this section; or
(4) the presentment and payment at any time before a petition is filed in compliance with
section 524.3-1001 or 524.3-1002 or a closing statement is filed under section 524.3-1003, of:
(i) any claim arising after the death of the decedent that is referred to in section 524.3-715,
clause (18), although the same may be otherwise barred hereunder;
(ii) any other claim, including claims subject to clause (3), which would otherwise be barred
hereunder, upon allowance by the court upon petition of the personal representative or the
claimant for cause shown on notice and hearing as the court may direct.
History: 1975 c 347 s 58; 1976 c 161 s 7; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c
163 s 3; 2006 c 221 s 22