reglab/housing_qa huggingface dataset:
MN Stat § 524.3-305 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-305 — Informal Probate; Registrar Not Satisfied.

524.3-305 INFORMAL PROBATE; REGISTRAR NOT SATISFIED. If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of section 524.3-303 or any other reason, the registrar may decline the application. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings. History:  1974 c 442 art 3 s 524.3-305; 1975 c 347 s 33; 1986 c 444
MN Stat § 524.3-306 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-306 — Informal Probate; Notice Requirements.

524.3-306 INFORMAL PROBATE; NOTICE REQUIREMENTS. The moving party must give notice as described by section 524.1-401 of application for informal probate (1) to any person demanding it pursuant to section 524.3-204; and (2) to any personal representative of the decedent whose appointment has not been terminated. Upon issuance of the written statement by the registrar pursuant to section 524.3-302, notice of the informal probate proceedings, in the form prescribed by court rule, shall be given under the direction of the court administrator by publication once a week for two consecutive weeks in a legal newspaper in the county where the application is filed and by mailing a copy of the notice by ordinary first class mail to all interested persons, other than creditors. Further if the decedent was born in a foreign country or left heirs or devisees in any foreign country, notice shall be given to the consul or other representative of such country, if the representative resides in this state and has filed a copy of appointment with the secretary of state. The secretary of state shall forward any notice received to the appropriate consul residing in Minnesota and on file with that office. History:  1974 c 442 art 3 s 524.3-306; 1975 c 347 s 34; 1978 c 525 s 13; 1984 c 615 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82
MN Stat § 524.3-307 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-307 — Informal Appointment Proceedings; Delay In Order; Duty Of Registrar; Effect Of Appointment.

524.3-307 INFORMAL APPOINTMENT PROCEEDINGS; DELAY IN ORDER; DUTY OF REGISTRAR; EFFECT OF APPOINTMENT. (a) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 524.3-614, if at least 120 hours have elapsed since the decedent's death, the registrar, after making the findings required by section 524.3-308, shall appoint the applicant subject to qualification and acceptance; provided, that if the decedent was a nonresident, the registrar shall delay the order of appointment until 30 days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that the estate be subject to the laws of this state. (b) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections 524.3-608 to 524.3-612, but is not subject to retroactive vacation. History:  1974 c 442 art 3 s 524.3-307; 1986 c 444
MN Stat § 524.3-308 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-308 — Informal Appointment Proceedings; Proof And Findings Required.

524.3-308 INFORMAL APPOINTMENT PROCEEDINGS; PROOF AND FINDINGS REQUIRED. (a) In informal appointment proceedings, the registrar must determine whether: (1) the application for informal appointment of a personal representative is complete; (2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief; (3) the applicant appears from the application to be an interested person as defined in section 524.1-201, clause (24); (4) on the basis of the statements in the application, venue is proper; (5) any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator; (6) any notice required by section 524.3-204 has been given; (7) from the statements in the application, the person whose appointment is sought has a priority entitlement to the appointment. (b) Unless section 524.3-612 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in section 524.3-610(c) has been appointed in this or another county of this state, that, unless the applicant is the domiciliary personal representative or the representative's nominee, the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met. History:  1974 c 442 art 3 s 524.3-308; 1986 c 444; 1992 c 423 s 4; 2009 c 86 art 1 s 78
MN Stat § 524.3-309 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-309 — Informal Appointment Proceedings; Registrar Not Satisfied.

524.3-309 INFORMAL APPOINTMENT PROCEEDINGS; REGISTRAR NOT SATISFIED. If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 524.3-307 and 524.3-308, or for any other reason, the registrar may decline the application. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings. History:  1974 c 442 art 3 s 524.3-309; 1986 c 444
MN Stat § 524.3-310 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-310 — Informal Appointment Proceedings; Notice Requirements.

524.3-310 INFORMAL APPOINTMENT PROCEEDINGS; NOTICE REQUIREMENTS. The moving party must give notice as described by section 524.1-401 of an intention to seek an appointment informally; (1) to any person demanding it pursuant to section 524.3-204; and (2) to any person having a prior or equal right to appointment not waived in writing and filed with the court. Notice of the appointment of the personal representative shall be given under the direction of the court administrator by publication once a week for two consecutive weeks in a legal newspaper in the county where the application is filed and by mailing a copy of the notice by ordinary first class mail to all interested persons, other than creditors. The notice, in the form prescribed by court rule, shall state that any heir, devisee or other interested person may be entitled to appointment as personal representative or may object to the appointment of the personal representative and that the personal representative is empowered to fully administer the estate including, after 30 days from the date of issuance of letters, the power to sell, encumber, lease or distribute real estate, unless objections thereto are filed with the court (pursuant to section 524.3-607) and the court otherwise orders. Further, if the decedent was born in a foreign country or left heirs or devisees in any foreign country, notice shall be given to the consul or other representative of such country, if the representative resides in this state and has filed a copy of appointment with the secretary of state. The secretary of state shall forward any notice received to the appropriate consul residing in Minnesota and on file with that office. No defect in any notice nor in publication or service thereof shall limit or affect the validity of the appointment, powers, or other duties of the personal representative. History:  1974 c 442 art 3 s 524.3-310; 1975 c 347 s 35; 1978 c 525 s 14; 1984 c 615 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82
MN Stat § 524.3-311 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-311 — Informal Appointment Unavailable In Certain Cases.

524.3-311 INFORMAL APPOINTMENT UNAVAILABLE IN CERTAIN CASES. If an application for informal appointment indicates the existence of a possible unrevoked will or codicil which may relate to property subject to the laws of this state, and which is not filed for probate in this court, the registrar shall decline the application. History:  1974 c 442 art 3 s 524.3-311; 1975 c 347 s 36
MN Stat § 524.3-401 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-401 — Formal Testacy Proceedings; Nature; When Commenced.

524.3-401 FORMAL TESTACY PROCEEDINGS; NATURE; WHEN COMMENCED. A formal testacy proceeding is one conducted with notice to interested persons before a court to establish a will or determine intestacy. A formal testacy proceeding may be commenced by an interested person or a personal representative named in the will filing a petition as described in section 524.3-402(a) in which it is requested that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with section 524.3-402(b) for an order that the decedent died intestate. A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative. During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent. Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, shall refrain from exercising power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution. History:  1974 c 442 art 3 s 524.3-401; 1975 c 347 s 37; 1986 c 444
MN Stat § 524.3-402 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-402 — Formal Testacy Or Appointment Proceedings; Petition; Contents.

524.3-402 FORMAL TESTACY OR APPOINTMENT PROCEEDINGS; PETITION; CONTENTS. (a) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, shall be directed to the court, request a judicial order after notice and hearing and contain further statements as indicated in this section. A petition for formal probate of a will (1) requests an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs, (2) contains the statements required for informal applications as stated in the five subparagraphs under section 524.3-301(1), the statements required by subparagraphs (ii) and (iii) of section 524.3-301(2), and (3) states whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. If the original will is neither in the possession of the court nor accompanies the petition and no authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition also shall state the contents of the will, and indicate that it is lost, destroyed, or otherwise unavailable. (b) A petition for adjudication of intestacy and appointment of an administrator in intestacy shall request a judicial finding and order that the decedent left no will and determining the heirs, contain the statements required by (1) and (4) of section 524.3-301 and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case, the statements required by subparagraph (ii) of section 524.3-301(4) may be omitted. History:  1974 c 442 art 3 s 524.3-402; 1975 c 347 s 38
MN Stat § 524.3-403 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-403 — Formal Testacy Proceeding; Notice Of Hearing On Petition.

524.3-403 FORMAL TESTACY PROCEEDING; NOTICE OF HEARING ON PETITION. (a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice, in the form prescribed by court rule, shall be given in the manner prescribed by section 524.1-401 by the petitioner to the persons herein enumerated and to any additional person who has filed a demand for notice under section 524.3-204. The petitioner, having reason to believe that the will has been lost or destroyed, shall include a statement to that effect in the notice. Notice shall be given to the following persons: the surviving spouse, children, and other heirs of the decedent, the devisees and personal representatives named in any will that is being or has been probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate elsewhere, and any personal representative of the decedent whose appointment has not been terminated. Notice of the hearing, in the form prescribed by court rule, shall also be given under the 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. If the decedent was born in a foreign country or has heirs or devisees in a foreign country, notice of a formal testacy proceeding shall be given to the consul of that country, if the consul resides in this state and has filed a copy of the appointment with the secretary of state. Any notice received by the secretary of state shall be forwarded to the appropriate consul. (b) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, the court shall direct the petitioner to proceed in the manner provided in chapter 576. History:  1974 c 442 art 3 s 524.3-403; 1975 c 347 s 39; 1981 c 161 s 1; 1984 c 615 s 3; 1986 c 444; 1Sp1986 c 3 art 1 s 82
MN Stat § 524.3-404 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-404 — Formal Testacy Proceedings; Written Objections To Probate.

524.3-404 FORMAL TESTACY PROCEEDINGS; WRITTEN OBJECTIONS TO PROBATE. Any party to a formal proceeding who opposes the probate of a will for any reason shall state in pleadings the objections to probate of the will. History:  1974 c 442 art 3 s 524.3-404; 1986 c 444
MN Stat § 524.3-405 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-405 — Formal Testacy Proceedings; Uncontested Cases; Hearings And Proof.

524.3-405 FORMAL TESTACY PROCEEDINGS; UNCONTESTED CASES; HEARINGS AND PROOF. If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 524.3-409 have been met, or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit. History:  1974 c 442 art 3 s 524.3-405
MN Stat § 524.3-406 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-406 — Formal Testacy Proceedings; Contested Cases; Testimony Of Attesting Witnesses.

524.3-406 FORMAL TESTACY PROCEEDINGS; CONTESTED CASES; TESTIMONY OF ATTESTING WITNESSES. (a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state competent and able to testify, is required. Due execution of a will may be proved by other evidence, including an affidavit of an attesting witness. An attestation clause that is signed by the attesting witnesses raises a rebuttable presumption that the events recited in the clause occurred. (b) If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit. History:  1974 c 442 art 3 s 524.3-406; 1975 c 347 s 40; 2016 c 135 art 2 s 30
MN Stat § 524.3-407 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-407 — Formal Testacy Proceedings; Burdens In Contested Cases.

524.3-407 FORMAL TESTACY PROCEEDINGS; BURDENS IN CONTESTED CASES. In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate. History:  1974 c 442 art 3 s 524.3-407
MN Stat § 524.3-408 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-408 — Formal Testacy Proceedings; Will Construction; Effect Of Final Order In Another Jurisdiction.

524.3-408 FORMAL TESTACY PROCEEDINGS; WILL CONSTRUCTION; EFFECT OF FINAL ORDER IN ANOTHER JURISDICTION. A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes, or is based upon, a finding that the decedent was domiciled at death in the state where the order was made. History:  1974 c 442 art 3 s 524.3-408; 1986 c 444
MN Stat § 524.3-409 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-409 — Formal Testacy Proceedings; Order; Foreign Will.

524.3-409 FORMAL TESTACY PROCEEDINGS; ORDER; FOREIGN WILL. After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by section 524.3-108, it shall determine the decedent's domicile at death, and decedent's heirs and state of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by section 524.3-612. A will from a place which does not provide for probate of a will after death, may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place. History:  1974 c 442 art 3 s 524.3-409; 1975 c 347 s 41; 1986 c 444
MN Stat § 524.3-410 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-410 — Formal Testacy Proceedings; Probate Of More Than One Instrument.

524.3-410 FORMAL TESTACY PROCEEDINGS; PROBATE OF MORE THAN ONE INSTRUMENT. If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of section 524.3-412. History:  1974 c 442 art 3 s 524.3-410
MN Stat § 524.3-411 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.3-411 — Formal Testacy Proceedings; Partial Intestacy.

524.3-411 FORMAL TESTACY PROCEEDINGS; PARTIAL INTESTACY. If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect. History:  1974 c 442 art 3 s 524.3-411