Bill Text: MN SF587 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Probate and appointment proceedings time period modification
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-03-07 - Referred to Judiciary and Public Safety [SF587 Detail]
Download: Minnesota-2011-SF587-Introduced.html
1.2relating to probate; increasing the time period allowed for commencing probate
1.3or appointment proceedings; making conforming changes;amending Minnesota
1.4Statutes 2010, sections 524.3-108; 524.3-301; 524.3-1006; 525.31.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 524.3-108, is amended to read:
1.7524.3-108 PROBATE, TESTACY AND APPOINTMENT PROCEEDINGS;
1.8ULTIMATE TIME LIMIT.
1.9No informal probate or appointment proceeding or formal testacy or appointment
1.10proceeding, other than a proceeding to probate a will previously probated at the testator's
1.11domicile and appointment proceedings relating to an estate in which there has been a prior
1.12appointment, may be commenced more thanthree six years after the decedent's death,
1.13except (1) if a previous proceeding was dismissed because of doubt about the fact of
1.14the decedent's death, appropriate probate, appointment or testacy proceedings may be
1.15maintained at any time thereafter upon a finding that the decedent's death occurred prior to
1.16the initiation of the previous proceeding and the applicant or petitioner has not delayed
1.17unduly in initiating the subsequent proceeding; (2) appropriate probate, appointment
1.18or testacy proceedings may be maintained in relation to the estate of an absentee, or
1.19disappeared or missing person, at any time withinthree six years after the death of the
1.20absentee or disappeared or missing person is established; and (3) a proceeding to contest
1.21an informally probated will and to secure appointment of the person with legal priority for
1.22appointment in the event the contest is successful, may be commenced within the later of
1.2312 months from the informal probate orthree six years from the decedent's death. These
1.24limitations do not apply to proceedings to construe probated wills, determine heirs of an
2.1intestate, or proceedings to determine descent. In cases under clause (1) or (2)above, the
2.2date on which a testacy or appointment proceeding is properly commenced shall be deemed
2.3to be the date of the decedent's death for purposes of other limitations provisions of this
2.4chapter which relate to the date of death. Nothing herein contained prohibits the formal
2.5appointment of a special administrator at any time for the purposes of reducing assets to
2.6possession, administering the same under direction of the court, or making distribution
2.7of any residue to the heirs or distributees determined to be entitled thereto pursuant to a
2.8descent proceeding under section525.31 or an exempt summary proceeding under section
2.9524.3-1203
, even though the three-year six-year period above referred to has expired.
2.10 Sec. 2. Minnesota Statutes 2010, section 524.3-301, is amended to read:
2.11524.3-301 INFORMAL PROBATE OR APPOINTMENT PROCEEDINGS;
2.12APPLICATION; CONTENTS.
2.13An informal probate proceeding is an informal proceeding for the probate of
2.14decedent's will with or without an application for informal appointment. An informal
2.15appointment proceeding is an informal proceeding for appointment of a personal
2.16representative in testate or intestate estates. These proceedings may be combined in a
2.17single proceeding. Applications for informal probate or informal appointment shall
2.18be directed to the registrar, and verified by the applicant, in accordance with section
2.19524.1-310
, to be accurate and complete to the best of applicant's knowledge and belief
2.20as to the following information:
2.21(1) Every application for informal probate of a will or for informal appointment of
2.22a personal representative, other than a special or successor representative, shall contain
2.23the following:
2.24(i) a statement of the interest of the applicant;
2.25(ii) the name, birthdate, and date of death of the decedent, and the county and state
2.26of the decedent's domicile at the time of death, and the names and addresses of the spouse,
2.27children, heirs, and devisees and the ages of any who are minors so far as known or
2.28ascertainable with reasonable diligence by the applicant;
2.29(iii) if the decedent was not domiciled in the state at the time of death, a statement
2.30showing venue;
2.31(iv) a statement identifying and indicating the address of any personal representative
2.32of the decedent appointed in this state or elsewhere whose appointment has not been
2.33terminated;
3.1(v) a statement indicating whether the applicant has received a demand for notice, or
3.2is aware of any demand for notice of any probate or appointment proceeding concerning
3.3the decedent that may have been filed in this state or elsewhere.
3.4(2) An application for informal probate of a will shall state the following in addition
3.5to the statements required by paragraph (1):
3.6(i) that the original of the decedent's last will is in the possession of the court, or
3.7accompanies the application, or that an authenticated copy of a will probated in another
3.8jurisdiction accompanies the application;
3.9(ii) that the applicant, to the best of the applicant's knowledge, believes the will to
3.10have been validly executed;
3.11(iii) that after the exercise of reasonable diligence, the applicant is unaware of any
3.12instrument revoking the will, and that the applicant believes that the instrument which is
3.13the subject of the application is the decedent's last will;
3.14(iv) that the time limit for informal probate as provided in this article has not expired
3.15either becausethree six years or less have passed since the decedent's death, or, if more
3.16thanthree six years from death have passed, that circumstances as described by section
3.17524.3-108
authorizing tardy probate have occurred.
3.18(3) An application for informal appointment of a personal representative to
3.19administer an estate under a will shall describe the will by date of execution and state
3.20the time and place of probate or the pending application or petition for probate. The
3.21application for appointment shall adopt the statements in the application or petition for
3.22probate and state the name, address and priority for appointment of the person whose
3.23appointment is sought.
3.24(4) An application for informal appointment of an administrator in intestacy shall
3.25state in addition to the statements required by paragraph (1):
3.26(i) that after the exercise of reasonable diligence, the applicant is unaware of any
3.27unrevoked testamentary instrument relating to property having a situs in this state under
3.28section524.1-301 , or, a statement why any such instrument of which the applicant may
3.29be aware is not being probated;
3.30(ii) the priority of the person whose appointment is sought and the names of any
3.31other persons having a prior or equal right to the appointment under section524.3-203 .
3.32(5) An application for appointment of a personal representative to succeed a personal
3.33representative appointed under a different testacy status shall refer to the order in the most
3.34recent testacy proceeding, state the name and address of the person whose appointment
3.35is sought and of the person whose appointment will be terminated if the application is
3.36granted, and describe the priority of the applicant.
4.1(6) An application for appointment of a personal representative to succeed a personal
4.2representative who has tendered a resignation as provided in section524.3-610(c) , or
4.3whose appointment has been terminated by death or removal, shall adopt the statements in
4.4the application or petition which led to the appointment of the person being succeeded
4.5except as specifically changed or corrected, state the name and address of the person who
4.6seeks appointment as successor, and describe the priority of the applicant.
4.7 Sec. 3. Minnesota Statutes 2010, section 524.3-1006, is amended to read:
4.8524.3-1006 LIMITATIONS ON ACTIONS AND PROCEEDINGS AGAINST
4.9DISTRIBUTEES.
4.10Unless previously adjudicated in a formal testacy proceeding or in a proceeding
4.11settling the accounts of a personal representative or otherwise barred, the claim of any
4.12claimant to recover from a distributee who is liable to pay the claim, and the right of any
4.13heir or devisee, or of a successor personal representative acting in their behalf, to recover
4.14property improperly distributed or the value thereof from any distributee is forever barred
4.15at the later of (1)three six years after the decedent's death; or (2) one year after the time
4.16of distribution thereof. This section does not bar an action to recover property or value
4.17received as the result of fraud.
4.18 Sec. 4. Minnesota Statutes 2010, section 525.31, is amended to read:
4.19525.31 ESSENTIALS.
4.20Whenever any person has been dead for more thanthree six years and has left real
4.21or personal property, or any interest therein, and no will or authenticated copy of a will
4.22probated outside this state in accordance with the laws in force in the place where probated
4.23has been probated nor proceedings had in this state, any interested person or assignee or
4.24successor of an interested person may petition the court of the county of the decedent's
4.25residence or of the county wherein such real or personal property, or any part thereof, is
4.26situated to determine the descent of such property and to assign such property to the
4.27persons entitled thereto.
4.28 Sec. 5. EFFECTIVE DATE.
4.29Sections 1 to 4 are effective the day following final enactment.
1.3or appointment proceedings; making conforming changes;amending Minnesota
1.4Statutes 2010, sections 524.3-108; 524.3-301; 524.3-1006; 525.31.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 524.3-108, is amended to read:
1.7524.3-108 PROBATE, TESTACY AND APPOINTMENT PROCEEDINGS;
1.8ULTIMATE TIME LIMIT.
1.9No informal probate or appointment proceeding or formal testacy or appointment
1.10proceeding, other than a proceeding to probate a will previously probated at the testator's
1.11domicile and appointment proceedings relating to an estate in which there has been a prior
1.12appointment, may be commenced more than
1.13except (1) if a previous proceeding was dismissed because of doubt about the fact of
1.14the decedent's death, appropriate probate, appointment or testacy proceedings may be
1.15maintained at any time thereafter upon a finding that the decedent's death occurred prior to
1.16the initiation of the previous proceeding and the applicant or petitioner has not delayed
1.17unduly in initiating the subsequent proceeding; (2) appropriate probate, appointment
1.18or testacy proceedings may be maintained in relation to the estate of an absentee, or
1.19disappeared or missing person, at any time within
1.20absentee or disappeared or missing person is established; and (3) a proceeding to contest
1.21an informally probated will and to secure appointment of the person with legal priority for
1.22appointment in the event the contest is successful, may be commenced within the later of
1.2312 months from the informal probate or
1.24limitations do not apply to proceedings to construe probated wills, determine heirs of an
2.1intestate, or proceedings to determine descent. In cases under clause (1) or (2)
2.2date on which a testacy or appointment proceeding is properly commenced shall be deemed
2.3to be the date of the decedent's death for purposes of other limitations provisions of this
2.4chapter which relate to the date of death. Nothing herein contained prohibits the formal
2.5appointment of a special administrator at any time for the purposes of reducing assets to
2.6possession, administering the same under direction of the court, or making distribution
2.7of any residue to the heirs or distributees determined to be entitled thereto pursuant to a
2.8descent proceeding under section
2.10 Sec. 2. Minnesota Statutes 2010, section 524.3-301, is amended to read:
2.11524.3-301 INFORMAL PROBATE OR APPOINTMENT PROCEEDINGS;
2.12APPLICATION; CONTENTS.
2.13An informal probate proceeding is an informal proceeding for the probate of
2.14decedent's will with or without an application for informal appointment. An informal
2.15appointment proceeding is an informal proceeding for appointment of a personal
2.16representative in testate or intestate estates. These proceedings may be combined in a
2.17single proceeding. Applications for informal probate or informal appointment shall
2.18be directed to the registrar, and verified by the applicant, in accordance with section
2.20as to the following information:
2.21(1) Every application for informal probate of a will or for informal appointment of
2.22a personal representative, other than a special or successor representative, shall contain
2.23the following:
2.24(i) a statement of the interest of the applicant;
2.25(ii) the name, birthdate, and date of death of the decedent, and the county and state
2.26of the decedent's domicile at the time of death, and the names and addresses of the spouse,
2.27children, heirs, and devisees and the ages of any who are minors so far as known or
2.28ascertainable with reasonable diligence by the applicant;
2.29(iii) if the decedent was not domiciled in the state at the time of death, a statement
2.30showing venue;
2.31(iv) a statement identifying and indicating the address of any personal representative
2.32of the decedent appointed in this state or elsewhere whose appointment has not been
2.33terminated;
3.1(v) a statement indicating whether the applicant has received a demand for notice, or
3.2is aware of any demand for notice of any probate or appointment proceeding concerning
3.3the decedent that may have been filed in this state or elsewhere.
3.4(2) An application for informal probate of a will shall state the following in addition
3.5to the statements required by paragraph (1):
3.6(i) that the original of the decedent's last will is in the possession of the court, or
3.7accompanies the application, or that an authenticated copy of a will probated in another
3.8jurisdiction accompanies the application;
3.9(ii) that the applicant, to the best of the applicant's knowledge, believes the will to
3.10have been validly executed;
3.11(iii) that after the exercise of reasonable diligence, the applicant is unaware of any
3.12instrument revoking the will, and that the applicant believes that the instrument which is
3.13the subject of the application is the decedent's last will;
3.14(iv) that the time limit for informal probate as provided in this article has not expired
3.15either because
3.16than
3.18(3) An application for informal appointment of a personal representative to
3.19administer an estate under a will shall describe the will by date of execution and state
3.20the time and place of probate or the pending application or petition for probate. The
3.21application for appointment shall adopt the statements in the application or petition for
3.22probate and state the name, address and priority for appointment of the person whose
3.23appointment is sought.
3.24(4) An application for informal appointment of an administrator in intestacy shall
3.25state in addition to the statements required by paragraph (1):
3.26(i) that after the exercise of reasonable diligence, the applicant is unaware of any
3.27unrevoked testamentary instrument relating to property having a situs in this state under
3.28section
3.29be aware is not being probated;
3.30(ii) the priority of the person whose appointment is sought and the names of any
3.31other persons having a prior or equal right to the appointment under section
3.32(5) An application for appointment of a personal representative to succeed a personal
3.33representative appointed under a different testacy status shall refer to the order in the most
3.34recent testacy proceeding, state the name and address of the person whose appointment
3.35is sought and of the person whose appointment will be terminated if the application is
3.36granted, and describe the priority of the applicant.
4.1(6) An application for appointment of a personal representative to succeed a personal
4.2representative who has tendered a resignation as provided in section
4.3whose appointment has been terminated by death or removal, shall adopt the statements in
4.4the application or petition which led to the appointment of the person being succeeded
4.5except as specifically changed or corrected, state the name and address of the person who
4.6seeks appointment as successor, and describe the priority of the applicant.
4.7 Sec. 3. Minnesota Statutes 2010, section 524.3-1006, is amended to read:
4.8524.3-1006 LIMITATIONS ON ACTIONS AND PROCEEDINGS AGAINST
4.9DISTRIBUTEES.
4.10Unless previously adjudicated in a formal testacy proceeding or in a proceeding
4.11settling the accounts of a personal representative or otherwise barred, the claim of any
4.12claimant to recover from a distributee who is liable to pay the claim, and the right of any
4.13heir or devisee, or of a successor personal representative acting in their behalf, to recover
4.14property improperly distributed or the value thereof from any distributee is forever barred
4.15at the later of (1)
4.16of distribution thereof. This section does not bar an action to recover property or value
4.17received as the result of fraud.
4.18 Sec. 4. Minnesota Statutes 2010, section 525.31, is amended to read:
4.19525.31 ESSENTIALS.
4.20Whenever any person has been dead for more than
4.21or personal property, or any interest therein, and no will or authenticated copy of a will
4.22probated outside this state in accordance with the laws in force in the place where probated
4.23has been probated nor proceedings had in this state, any interested person or assignee or
4.24successor of an interested person may petition the court of the county of the decedent's
4.25residence or of the county wherein such real or personal property, or any part thereof, is
4.26situated to determine the descent of such property and to assign such property to the
4.27persons entitled thereto.
4.28 Sec. 5. EFFECTIVE DATE.
4.29Sections 1 to 4 are effective the day following final enactment.
