2006 Minnesota Statutes

524.3-108 PROBATE, TESTACY AND APPOINTMENT PROCEEDINGS; ULTIMATE
TIME LIMIT.
No informal probate or appointment proceeding or formal testacy or appointment
proceeding, other than a proceeding to probate a will previously probated at the testator's domicile
and appointment proceedings relating to an estate in which there has been a prior appointment,
may be commenced more than three years after the decedent's death, except (1) if a previous
proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate
probate, appointment or testacy proceedings may be maintained at any time thereafter upon a
finding that the decedent's death occurred prior to the initiation of the previous proceeding and
the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding; (2)
appropriate probate, appointment or testacy proceedings may be maintained in relation to the
estate of an absentee, or disappeared or missing person, at any time within three years after the
death of the absentee or disappeared or missing person is established; and (3) a proceeding to
contest an informally probated will and to secure appointment of the person with legal priority
for appointment in the event the contest is successful, may be commenced within the later of 12
months from the informal probate or three years from the decedent's death. These limitations do
not apply to proceedings to construe probated wills, determine heirs of an intestate, or proceedings
to determine descent. In cases under (1) or (2) above, the date on which a testacy or appointment
proceeding is properly commenced shall be deemed to be the date of the decedent's death for
purposes of other limitations provisions of this chapter which relate to the date of death. Nothing
herein contained prohibits the formal appointment of a special administrator at any time for the
purposes of reducing assets to possession, administering the same under direction of the court, or
making distribution of any residue to the heirs or distributees determined to be entitled thereto
pursuant to a descent proceeding under section 525.31 or an exempt summary proceeding under
section 524.3-1203, even though the three-year period above referred to has expired.
History: 1974 c 442 art 3 s 524.3-108; 1975 c 347 s 27; 1977 c 440 s 3; 1996 c 305 art 1
s 112