reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-204 — Right Of Survivorship.

524.6-204 RIGHT OF SURVIVORSHIP.
(a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless: (1) there is clear and convincing evidence of a different intention; or (2) there is a different disposition made by a valid will specifically referring to such account, as provided in this section. If there are two or more surviving parties, their respective ownerships during lifetime shall be in proportion to their previous ownership interests under section 524.6-203 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before death; and the right of survivorship continues between the surviving parties. The interest so determined is also the interest disposable by will.
(b) If the account is a P.O.D. account, on the death of the original party or of the survivor of two or more original parties, any sums remaining on deposit belong to the P.O.D. payees if surviving, or to the survivor of them if one or more die before the surviving original party; if two or more P.O.D. payees survive, there is no right of survivorship in event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.
(c) In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of the estate.
(d) A right of survivorship arising from the express terms of the account, or under this section, or under a P.O.D. payee designation, may be changed by specific reference by will, but the terms of such will shall not be binding upon any financial institution unless it has been given a notice in writing of a claim thereunder, in which event the deposit shall remain undisbursed until an order has been made by the probate court adjudicating the decedent's interest disposable by will.
History:
1973 c 619 s 5; 1985 c 292 s 13; 1994 c 472 s 63; 2013 c 36 s 5
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-205 — Effect Of A Written Notice To Financial Institution.

524.6-205 EFFECT OF A WRITTEN NOTICE TO FINANCIAL INSTITUTION.
The provisions of section 524.6-204 as to rights of survivorship are determined by the form of the account at the death of a party. This form may be altered by written order given by a party to the financial institution to change the form of the account or to stop or vary payment under the terms of the account. The order or request must be signed by a party and received by the financial institution during the party's lifetime.
History:
1973 c 619 s 6; 1985 c 292 s 14; 1994 c 472 s 63
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-206 — Accounts And Transfers Nontestamentary.

524.6-206 ACCOUNTS AND TRANSFERS NONTESTAMENTARY.
Any transfers resulting from the application of section 524.6-204 are effective by reason of the account contracts involved and this statute, and are not to be considered as subject to probate except as to the transfers expressly changed by will, as provided for by section 524.6-204, clause (d).
History:
1973 c 619 s 7; 1985 c 292 s 15; 1994 c 472 s 63
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-207 — Rights Of Creditors.

524.6-207 RIGHTS OF CREDITORS.
No multiple-party account will be effective against an estate of a deceased party to transfer to a survivor sums needed to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse, minor children and dependent children or against the state or a county agency with a claim authorized by section 256B.15, if other assets of the estate are insufficient, to the extent the deceased party is the source of the funds or beneficial owner. A surviving party or P.O.D. payee who receives payment from a multiple-party account after the death of a deceased party shall be liable to account to the deceased party's personal representative or the state or a county agency with a claim authorized by section 256B.15 for amounts the decedent owned beneficially immediately before death to the extent necessary to discharge any such claims and charges remaining unpaid after the application of the assets of the decedent's estate. No proceeding to assert this liability shall be commenced by the personal representative unless the personal representative has received a written demand by a surviving spouse, a creditor or one acting for a minor dependent child of the decedent, and no proceeding shall be commenced later than two years following the death of the decedent. Sums recovered by the personal representative shall be administered as part of the decedent's estate. This section shall not affect the right of a financial institution to make payment on multiple-party accounts according to the terms thereof, or make it liable to the estate of a deceased party unless, before payment, the institution has been served with process in a proceeding by the personal representative or the state or a county agency with a claim authorized by section 256B.15, or has been presented by the state or a county agency with a claim authorized by section 256B.15 with an affidavit pursuant to section 524.3-1201. Upon being presented with such an affidavit, the financial institution shall make payment of the multiple-party account to the affiant in an amount equal to the lesser of the claim stated in the affidavit or the extent to which the affidavit identifies the decedent as the source of funds or beneficial owner of the account.
History:
1973 c 619 s 8; 1985 c 292 s 16; 1994 c 472 s 63; 1995 c 207 art 2 s 35; 1997 c 217 art 2 s 19
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-208 — Financial Institution Protection; Payment On Signature Of One Party.

524.6-208 FINANCIAL INSTITUTION PROTECTION; PAYMENT ON SIGNATURE OF ONE PARTY.
Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on request, to any one or more of the parties. A financial institution shall not be required to inquire as to the source of funds received for deposit to a multiple-party account, or to inquire as to the proposed application of any sum withdrawn from an account.
A minor may be a party to a joint account.
History:
1973 c 619 s 9; 1985 c 292 s 17; 1994 c 472 s 63
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-209 — Financial Institution Protection; Payment After Death Or Disability; Joint Account.

524.6-209 FINANCIAL INSTITUTION PROTECTION; PAYMENT AFTER DEATH OR DISABILITY; JOINT ACCOUNT.
Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded; but payment may not be made to the personal representative or heirs of a deceased party unless proofs of death are presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under section 524.6-204, or unless a will provides other distribution; in which case the procedure set forth in section 524.6-204, clause (d), shall be followed. A minor may be a party to a joint account.
History:
1973 c 619 s 10; 1985 c 292 s 18; 1994 c 472 s 63
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-210 — Financial Institution Protection; Payment Of P.o.d. Account.

524.6-210 FINANCIAL INSTITUTION PROTECTION; PAYMENT OF P.O.D. ACCOUNT.
Any P.O.D. account may be paid, on request, to any original party to the account. Payment of the interest of a P.O.D. payee may be made, on request, to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution of proof of death showing that the P.O.D. payee survived all persons named as original parties. Payment may be made to the personal representative or heirs of a deceased original party if proof of death is presented to the financial institution showing that the original party was the survivor of all other persons named on the account either as an original party or as P.O.D. payee.
History:
1973 c 619 s 11; 1985 c 292 s 19; 1994 c 472 s 63
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-211 — Financial Institution Protection; Discharge.

524.6-211 FINANCIAL INSTITUTION PROTECTION; DISCHARGE.
Payment made pursuant to sections 524.6-208 to 524.6-210 discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, P.O.D. payees, or beneficiaries by will or otherwise, or their successors. The protection here given does not extend to payments made after a financial institution has received written notice from any person entitled to request payment to the effect that withdrawals in accordance with the terms of the account, including one having an agency designation, should not be permitted, and the financial institution has had a reasonable opportunity to act on it when the payment is made. Unless the notice is withdrawn by the person giving it, the successor of any deceased party and all other parties entitled to payment must concur in any demand for withdrawal if the financial institution is to be protected under this section. No other notice or any other information shown to have been available to a financial institution shall affect its right to the protection provided here. A financial institution that receives written notice pursuant to this section or that otherwise has reason to believe that a dispute exists as to the rights of the parties may refuse, without liability, to make payments in accordance with the terms of the account. The protection here provided shall not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts.
History:
1973 c 619 s 13; 1985 c 292 s 20; 1994 c 472 s 63; 2013 c 36 s 6
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-212 — Financial Institution Protection; Setoff.

524.6-212 FINANCIAL INSTITUTION PROTECTION; SETOFF.
Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to setoff against the account in which the party has or had immediately before death a present right of withdrawal. The amount of the account subject to setoff is that proportion to which the debtor is, or was immediately before death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal.
History:
1973 c 619 s 14; 1986 c 444; 1994 c 472 s 63
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-214 — Citation.

524.6-214 CITATION.
Sections 524.6-201 to 524.6-214 may be cited as the "Minnesota Multiparty Accounts Act."
History:
1973 c 619 s 1; 1987 c 384 art 2 s 1; 1994 c 472 s 63
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-215 — Designation Of Agent.

524.6-215 DESIGNATION OF AGENT.
(a) By a writing signed by all parties, or by less than all of the parties if the contract of deposit expressly so provides, the parties may designate, as an agent of all parties on an account, a person other than a party.
(b) Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent's authority survives disability and incapacity. The agent may act for a party until the authority of the agent is terminated by the party, by an attorney-in-fact appointed by the party, or by a conservator appointed to protect the interests of the party.
(c) Death of the sole party or last surviving party terminates the authority of an agent.
(d) Except as otherwise provided for in section 524.6-211, a financial institution is not liable for account transactions performed at the direction of, or authorized by, an agent under an agency designation for an account if:
(1) the financial institution has no actual notice of the termination of the agent's authority before the transaction;
(2) the financial institution has no actual knowledge of the death of the sole party or last surviving party; or
(3) the agent's authority does not survive the disability or incapacity of all the parties, and the financial institution has not received actual notice of the disability or incapacity.
History:
2013 c 36 s 9
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-216 — Types Of Account; Existing Accounts.

524.6-216 TYPES OF ACCOUNT; EXISTING ACCOUNTS.
(a) An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to section 524.6-204, either a single-party account or a multiple-party account may have a P.O.D. designation, an agency designation, or both.
(b) An account established before, on, or after August 1, 2013, whether in the form prescribed in section 524.6-213 or in any other form acceptable to the financial institution, is either a single-party account or a multiple-party account, with or without right of survivorship, and with or without a P.O.D. designation or an agency designation within the meaning of this chapter, and is governed by this chapter.
(c) An agency designation created on or after August 1, 2013, is governed by this chapter.
History:
2013 c 36 s 10
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-301 — Definitions.

524.6-301 DEFINITIONS.
In sections 524.6-301 to 524.6-311:
(1) "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(3) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(4) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.
(5) "Security account" means (i) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, (ii) an investment management or custody account with a trust company or a trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, and cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner's death, or (iii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
History:
1992 c 461 art 2 s 1; 2001 c 15 s 12
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-302 — Registration In Beneficiary Form; Sole Or Joint Tenancy Ownership.

524.6-302 REGISTRATION IN BENEFICIARY FORM; SOLE OR JOINT TENANCY OWNERSHIP.
Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
History:
1992 c 461 art 2 s 2
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-303 — Registration In Beneficiary Form; Applicable Law.

524.6-303 REGISTRATION IN BENEFICIARY FORM; APPLICABLE LAW.
A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
History:
1992 c 461 art 2 s 3
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-304 — Origination Of Registration In Beneficiary Form.

524.6-304 ORIGINATION OF REGISTRATION IN BENEFICIARY FORM.
A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
History:
1992 c 461 art 2 s 4
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-305 — Form Of Registration In Beneficiary Form.

524.6-305 FORM OF REGISTRATION IN BENEFICIARY FORM.
Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary.
History:
1992 c 461 art 2 s 5
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-306 — Effect Of Registration In Beneficiary Form.

524.6-306 EFFECT OF REGISTRATION IN BENEFICIARY FORM.
The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
History:
1992 c 461 art 2 s 6
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-307 — Death Of Owner; Creditors.

524.6-307 DEATH OF OWNER; CREDITORS.
Subdivision 1.
Ownership on death of owner.
On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survive the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
Subd. 2.
Rights of creditors.
A registration in beneficiary form is not effective against an estate of a deceased sole owner or a deceased last to die of multiple owners to transfer to a beneficiary or beneficiaries sums needed to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse, minor children, and dependent children, if other assets of the estate are insufficient. A TOD beneficiary in whose name a security is registered after the death of the owner is liable to account to the deceased owner's personal representative for securities so registered or their proceeds to the extent necessary to discharge such claims and charges remaining unpaid after the application of the assets of the decedent's estate. A proceeding to assert this liability may not be commenced unless the personal representative has received a written demand by a surviving spouse, a creditor, or one acting for a minor dependent child of the decedent, and a proceeding may not be commenced later than two years following the death of the decedent. A beneficiary against whom the proceeding is brought may elect to transfer to the personal representative the security registered in the name of the beneficiary after the death of the deceased owner if the beneficiary still owns the security, or the net proceeds received by the beneficiary upon disposition of the security by the beneficiary, and that transfer fully discharges the beneficiary from all liability under this subdivision. Amounts or securities recovered by the personal representative must be administered as part of the deceased owner's estate.
This subdivision does not affect the right of a registering entity to register a security in the name of the beneficiary, or make a registering entity liable to the estate of a deceased owner, except for a reregistration after a registering entity has received written notice from any claimant to an interest in the security objecting to implementation of a registration in beneficiary form.
History:
1992 c 461 art 2 s 7,8
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-308 — Protection Of Registering Entity.

524.6-308 PROTECTION OF REGISTERING ENTITY.
(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by sections 524.6-301 to 524.6-311.
(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in sections 524.6-301 to 524.6-311.
(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with section 524.6-307 and does so in good faith reliance (i) on the registration, (ii) on sections 524.6-301 to 524.6-311, and (iii) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of sections 524.6-301 to 524.6-311 do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under sections 524.6-301 to 524.6-311.
(d) The protection provided by sections 524.6-301 to 524.6-311 to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
History:
1992 c 461 art 2 s 9
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-309 — Nontestamentary Transfer; Revocation Of Designation.

524.6-309 NONTESTAMENTARY TRANSFER; REVOCATION OF DESIGNATION.
Subdivision 1.
Nontestamentary transfer on death.
(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and sections 524.6-301 to 524.6-311 and is not testamentary.
(b) Sections 524.6-301 to 524.6-311 do not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
Subd. 2.
Revocation of beneficiary designation by will.
A registration in beneficiary form may be canceled by specific reference to the security or the securities account in the will of the sole owner or the last to die of multiple owners, but the terms of the revocation are not binding on the registering entity unless it has received written notice from any claimant to an interest in the security objecting to implementation of a registration in beneficiary form prior to the registering entity reregistering the security. If the beneficiary designation is canceled, the security belongs to the estate of the deceased sole owner or the estate or the last to die of all multiple owners.
History:
1992 c 461 art 2 s 10,11
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-310 — Terms, Conditions, And Forms For Registration.

524.6-310 TERMS, CONDITIONS, AND FORMS FOR REGISTRATION.
(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown Jr.
(2) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr.
(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. LDPS.
History:
1992 c 461 art 2 s 12
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.6-311 — Application.

524.6-311 APPLICATION.
Sections 524.6-301 to 524.6-311 apply to registrations of securities in beneficiary form made before, on, or after June 1, 1992, by decedents dying on or after June 1, 1992.
History:
1992 c 461 art 2 s 13
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.8-101 — Provisions For Transition.

524.8-101 PROVISIONS FOR TRANSITION.
Except as provided elsewhere in this chapter, on the effective date of this chapter:
(1) the chapter applies to any wills of decedents dying thereafter;
(2) the chapter applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this chapter;
(3) every personal representative including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this chapter and is subject to the duties imposed with respect to any act occurring or done thereafter;
(4) an act done before the effective date in any proceeding and any accrued right is not impaired by this chapter. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions shall remain in force with respect to that right;
(5) any rule of construction or presumption provided in this chapter applies to instruments executed and multiple party accounts opened before the effective date unless there is a clear indication of a contrary intent.
History:
1974 c 442 art 8 s 524.8-101; 1975 c 347 s 80
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.8-103 — Early Effective Date.

524.8-103 EARLY EFFECTIVE DATE.
Notwithstanding section 524.8-101, the provisions of Laws 1974, chapter 442 relating to bonds found at sections 524.3-603 to 524.3-606 and Laws 1974, chapter 442, article 9, and that portion of Laws 1974, chapter 442, article 8, section 524.8-102, which repeals Minnesota Statutes 1971, sections 525.32 to 525.324, are effective August 1, 1974.
History:
1974 c 442 art 8 s 524.8-103; 2009 c 86 art 1 s 79
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.031 — Fees For Copies.

525.031 FEES FOR COPIES.
The fees for copies of all documents shall be the same as the fee established for such copies on civil proceedings under section 357.021, subdivision 2.
History:
(8992-4) 1935 c 72 s 4; 1967 c 128 s 1; 1986 c 442 s 13
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.033 — Fees For Filing Petitions.

525.033 FEES FOR FILING PETITIONS.
The district court shall collect a fee as established by section 357.021, subdivision 2, clause (1), for filing a petition to commence a proceeding under this chapter and chapter 524. The fee for copies of all documents in probate proceedings must be the same as the fee established for certified copies in civil proceedings under section 357.021, subdivision 2. Fees collected under this section and section 525.031 must be forwarded to the commissioner of management and budget for deposit in the state treasury and credited to the general fund.
History:
1978 c 730 s 3; 1986 c 442 s 14; 1987 c 11 s 1; 1989 c 335 art 3 s 35; 1995 c 189 s 8; 1996 c 277 s 1; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.041 — Written Decision Shall Be Filed Within 90 Days; Mandatory.

525.041 WRITTEN DECISION SHALL BE FILED WITHIN 90 DAYS; MANDATORY.
The decision of every issue of law or fact shall be in writing and shall be filed within 90 days after submission unless prevented by illness or casualty.
Upon the filing of any appealable order, judgment, or decree, except in uncontested matters or where the final decision was announced at the hearing, the court shall give notice by mail of such filing to each party, or the attorney, who appeared of record at the hearing.
History:
(8992-6) 1935 c 72 s 6; 1967 c 317 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.05 — Judge Or Referee; Grounds For Disqualification.

525.05 JUDGE OR REFEREE; GROUNDS FOR DISQUALIFICATION.
The following shall be grounds for disqualification of any judge or referee from acting in any matter: (1) That the judge or the judge's spouse or any of either of their kin nearer than first cousin is interested as representative, heir, devisee, legatee, ward, or creditor in the estate involved therein; (2) that it involves the validity or interpretation of a will drawn or witnessed by the judge; (3) that the judge may be a necessary witness in the matter; (4) that it involves a property right in respect to which the judge has been engaged or is engaged as an attorney; or (5) that the judge was engaged in a joint enterprise for profit with the decedent at the time of death or that the judge is then engaged in a joint enterprise for profit with any person interested in the matter as representative, heir, devisee, legatee, ward, or creditor. When grounds for disqualification exist, the judge may, and upon proper petition of any person interested in the estate must, request another judge or a judge who has retired to act in the judge's stead in the matter.
History:
(8992-7) 1935 c 72 s 7; 1961 c 6 s 1; 1981 c 31 s 12; 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1; 2006 c 271 art 11 s 47
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.092 — Court Administrator May Destroy Certain Papers.

525.092 COURT ADMINISTRATOR MAY DESTROY CERTAIN PAPERS.
Subdivision 1.
Certain vouchers and receipts.
The court administrator of the district court is hereby authorized to destroy all vouchers or receipts filed in estates and guardianship proceedings of record in the office after such estates or guardianships have been closed for a period of 25 years, or more, except receipts for any federal or state taxes.
Subd. 2.
Certain guardianships excepted.
The provisions of this section shall not apply to guardianships of persons adjudicated as lacking mental capacity, nor to guardianships of minors until one year after the minor has become 18 years old.
History:
1947 c 117 s 1,2; 1949 c 409 s 1; 1951 c 21 s 1; 1973 c 725 s 75; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1995 c 189 s 8; 1996 c 277 s 1; 2013 c 59 art 3 s 12
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.095 — Court Administrator May Issue Orders Under Direction Of The Court.

525.095 COURT ADMINISTRATOR MAY ISSUE ORDERS UNDER DIRECTION OF THE COURT.
The judge may authorize the court administrator or any deputy court administrator to issue orders for hearing petitions for general administration, for the probate of any will, for determination of descent, for sale, lease, mortgage, or conveyance of real estate, for the settlement and allowance of any account, for partial or final distribution, for commitment, orders limiting the time to file claims and fixing the time and place for the hearing thereon, and to issue notice of the entry of any order. The issuance of any such order or notice by the court administrator or deputy court administrator shall be prima facie evidence of authority to issue it.
History:
(8992-15) 1935 c 72 s 15; 1937 c 435 s 5; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.10 — Referee; Appointment; Bond; Office Abolished.

525.10 REFEREE; APPOINTMENT; BOND; OFFICE ABOLISHED.
Subdivision 1.
Office abolished.
The office of referee is abolished. No vacancy in the office of referee shall be filled, nor new office created.
Subd. 2.
Incumbents.
Persons holding the office of referee on June 30, 1980, in the Second and August 15, 1980, in the Fourth Judicial District may continue to serve at the pleasure of the chief judge of the district under the terms and conditions of their appointment. All referees are subject to the administrative authority and assignment power of the chief judge of the district as provided in section 484.69, subdivision 3, and are not limited to assignment to probate court. All referees are subject to the provisions of section 484.70. Part time referees holding office in the Second Judicial District pursuant to this subdivision shall cease to hold office on July 31, 1984.
Subd. 3.
Referees.
Each referee in probate court shall be an attorney at law duly admitted in this state. The appointment shall be in writing and filed in the court. The referee has the power to take acknowledgments and administer oaths.
History:
(8992-16) 1935 c 72 s 16; 1937 c 435 s 6; 1957 c 212 s 1; 1973 c 524 s 14; 1974 c 165 s 1; 1974 c 387 s 1; 1976 c 181 s 2; 1981 c 272 s 6
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.101 — Compensation Of Referee.

525.101 COMPENSATION OF REFEREE.
Such referee shall receive from the county as compensation $3,600 per annum in counties having more than 500,000 inhabitants, payable from the general funds of the county not otherwise appropriated, at the same time and in the same manner and subject to the provisions of law applicable to the compensation of the judge. The county shall furnish a suitable office in the courthouse or in some other suitable place or places designated by the judge. The judge may assign to the referee from the court's clerks and employees such clerical help as may be necessary to properly discharge the duties.
History:
(8992-17) 1935 c 72 s 17; 1957 c 212 s 2; 1971 c 471 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.102 — Reference.

525.102 REFERENCE.
After such appointment the judge by order may refer to the referee any matter, cause, or proceeding pending in such court. In all matters so referred the referee shall find the facts and report the findings to the judge. In all matters referred and reported the referee may append the referee's signature to the order or decree of the court; and whenever this signature shall be so appended, it shall constitute conclusive evidence that the matter was referred, heard, and reported in the manner required by law and the order of the court therein, provided that the failure of the referee to append the referee's signature to any such order or decree shall not affect its validity.
History:
(8992-18) 1935 c 72 s 18; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.103 — Delivery Of Books And Records.

525.103 DELIVERY OF BOOKS AND RECORDS.
When the term of office of such referee expires or is terminated, the referee shall deliver to the successor or to the judge all books and papers in the referee's possession relating to the office. Upon failure to do so within five days after demand by the successor or the judge, the referee shall be guilty of a gross misdemeanor.
History:
(8992-19) 1935 c 72 s 19; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.11 — Reporter; Appointment And Duties.

525.11 REPORTER; APPOINTMENT AND DUTIES.
The judge may appoint a competent stenographer as reporter and secretary in all matters pertaining to official duties to hold office during the judge's pleasure. Such reporter shall make a complete record of all testimony given and all proceedings had before the court upon the trial of issue of fact except that in commitment proceedings a tape recording of the proceedings may be kept in lieu of a stenographic record. The reporter shall inscribe all questions in the exact language thereof, all answers thereto precisely as given by the witness or sworn interpreter, all objections made and the grounds thereof as stated by counsel, all rulings thereon, all exceptions taken, all admissions made, all oral stipulations, and all oral motions and orders. When directed by the judge, the reporter shall make a record of any matter or proceeding and without charge shall read to or transcribe for such judge any record made or any tape recording made in a commitment proceeding. Upon completion of every trial or proceeding, such reporter shall file the stenographic record or tape recording in the manner directed by the judge. Upon request of any person and payment of fees by such person, the reporter shall furnish a transcript. The reporter may take acknowledgments, administer oaths, and certify copies of the stenographic record or transcript of either such record or tape recording made in a commitment proceeding.
History:
(8992-20) 1935 c 72 s 20; 1974 c 482 s 8; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.111 — Compensation; Transcript Fees.

525.111 COMPENSATION; TRANSCRIPT FEES.
Where the salary of the reporter is not provided for by law, compensation shall be paid by the representative as an expense of administration or guardianship, or by the party or parties presenting or contesting the proceedings reported, as the court may determine. In addition to the salary fixed by law or compensation fixed by the court, the reporter shall receive for transcripts furnished such fees as may be fixed by the court not exceeding those allowed by law to the district court reporters of the same county.
History:
(8992-21) 1935 c 72 s 21; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.113 — Additional Employees.

525.113 ADDITIONAL EMPLOYEES.
The reporter and clerk mentioned in section 525.112 shall be employed and appointed in addition to the court administrator, deputy court administrators, and employees now provided by law, to hold office during the pleasure of the judge of probate and shall perform the duties imposed by law and such judge, and their salary shall be paid from the county funds in the same manner as prescribed for the payment of other employees of such court.
History:
(8992-21b) 1935 c 373 s 2; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.12 — Auditor; Appointment.

525.12 AUDITOR; APPOINTMENT.
The court may appoint an auditor in any matter involving an annual, partial, or final account, or the amount due on a claim or an offset thereto. Such appointment may be made with or without notice and on the court's own motion or upon the petition of the personal representative or of any person interested in the estate or guardianship.
History:
(8992-22) 1935 c 72 s 22; 1975 c 347 s 89
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.121 — Powers.

525.121 POWERS.
The auditor shall have the same power as the court to set hearings, grant adjournments, compel the attendance of witnesses or the production of books, papers, and documents, and to hear all proper evidence relating to such matter. The auditor shall report findings of fact to the court.
History:
(8992-23) 1935 c 72 s 23; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.122 — Compensation Of Auditor.

525.122 COMPENSATION OF AUDITOR.
The auditor shall be allowed such reasonable fees, disbursements, and expenses as may be determined by the court and shall be paid by the personal representative as expenses of administration, guardianship or conservatorship or by the person applying for such audit as the court may determine.
History:
(8992-24) 1935 c 72 s 24; 1975 c 347 s 90
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 525 — Probate Proceedings › Section 525.13 — Estate.

525.13 ESTATE.
As used in sections 525.13 to 525.161, the word "estate" includes every right and interest of a decedent in property, real or personal, except such as are terminated or otherwise extinguished by the death.
History:
(8992-25) 1935 c 72 s 25; 1985 c 250 s 24; 1986 c 444