reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-703 — General Duties; Relation And Liability To Persons Interested In Estate; Standing To Sue.

524.3-703 GENERAL DUTIES; RELATION AND LIABILITY TO PERSONS INTERESTED IN ESTATE; STANDING TO SUE.
(a) A personal representative is a fiduciary who shall observe the standards of care in dealing with the estate assets that would be observed by a prudent person dealing with the property of another, and if the personal representative has special skills or is named personal representative on a basis of representation of special skills or expertise, the personal representative is under a duty to use those skills. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and applicable law, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred by applicable law, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate.
(b) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor and dependent children and any pretermitted child of the decedent as described elsewhere.
(c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death.
History:
1974 c 442 art 3 s 524.3-703; 1975 c 347 s 52; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-704 — Personal Representative To Proceed Without Court Order; Exception.

524.3-704 PERSONAL REPRESENTATIVE TO PROCEED WITHOUT COURT ORDER; EXCEPTION.
A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court, but the personal representative may invoke the jurisdiction of the court, in proceedings authorized by this chapter, to resolve questions concerning the estate or its administration.
History:
1974 c 442 art 3 s 524.3-704; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-706 — Duty Of Personal Representative; Inventory And Appraisement.

524.3-706 DUTY OF PERSONAL REPRESENTATIVE; INVENTORY AND APPRAISEMENT.
Within six months after appointment, or nine months after the death of the decedent, whichever is later, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare and file or mail an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item.
The personal representative shall mail or deliver a copy of the inventory to the surviving spouse, if there be one, to all residuary distributees, and to interested persons or creditors who request a copy thereof. The personal representative need not personally receive a copy as a surviving spouse or as a residuary distributee.
History:
1974 c 442 art 3 s 524.3-706; 1975 c 347 s 53; 1979 c 303 art 3 s 32; 1982 c 529 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-707 — Employment Of Appraisers.

524.3-707 EMPLOYMENT OF APPRAISERS.
The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items appraised.
History:
1974 c 442 art 3 s 524.3-707; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-708 — Duty Of Personal Representative; Supplementary Inventory.

524.3-708 DUTY OF PERSONAL REPRESENTATIVE; SUPPLEMENTARY INVENTORY.
If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and furnish copies thereof or information thereof to persons interested in the new information, and file it with the court if the original inventory was filed.
History:
1974 c 442 art 3 s 524.3-708; 1986 c 444; 1996 c 338 art 2 s 4
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-709 — Duty Of Personal Representative; Possession Of Estate.

524.3-709 DUTY OF PERSONAL REPRESENTATIVE; POSSESSION OF ESTATE.
Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in possession and may maintain an action to recover possession of property or to determine the title thereto.
History:
1974 c 442 art 3 s 524.3-709; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-710 — Power To Avoid Transfers.

524.3-710 POWER TO AVOID TRANSFERS.
The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means which is in law void or voidable as against creditors, and subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.
History:
1974 c 442 art 3 s 524.3-710; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-711 — Powers Of Personal Representatives; In General.

524.3-711 POWERS OF PERSONAL REPRESENTATIVES; IN GENERAL.
Until termination of the appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court and when so exercised shall transfer good title to the transferee to the same extent that decedent had title thereto; provided, however, that a personal representative appointed in an informal proceeding shall not be empowered to sell, encumber, lease or distribute any interest in real estate owned by the decedent until 30 days have passed from the date of the issuance of the letters.
History:
1974 c 442 art 3 s 524.3-711; 1975 c 347 s 54; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-712 — Improper Exercise Of Power; Breach Of Fiduciary Duty.

524.3-712 IMPROPER EXERCISE OF POWER; BREACH OF FIDUCIARY DUTY.
If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in sections 524.3-713 and 524.3-714.
History:
1974 c 442 art 3 s 524.3-712; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-713 — Sale, Encumbrance Or Transaction Involving Conflict Of Interest; Voidable; Exceptions.

524.3-713 SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST; VOIDABLE; EXCEPTIONS.
Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless
(1) the will or a contract entered into by the decedent expressly authorized the transaction; or
(2) the transaction is approved by the court after notice to interested persons.
History:
1974 c 442 art 3 s 524.3-713; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-714 — Persons Dealing With Personal Representative; Protection.

524.3-714 PERSONS DEALING WITH PERSONAL REPRESENTATIVE; PROTECTION.
(a) A person who in good faith either assists a personal representative or deals with the personal representative for value is protected as if the personal representative properly exercised power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in section 524.3-504, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
(b) If property is wrongfully transferred by a person acting as a personal representative to a person who is not in good faith, a subsequent good faith purchaser is protected as if the original transferee dealt in good faith. Any purchaser in good faith is protected as if all prior transfers were made in good faith.
History:
1974 c 442 art 3 s 524.3-714; 1977 c 156 s 1; 1978 c 525 s 15; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-716 — Powers And Duties Of Successor Personal Representative.

524.3-716 POWERS AND DUTIES OF SUCCESSOR PERSONAL REPRESENTATIVE.
A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but shall not exercise any power expressly made personal to the executor named in the will.
History:
1974 c 442 art 3 s 524.3-716; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-717 — Corepresentatives; When Joint Action Required.

524.3-717 COREPRESENTATIVES; WHEN JOINT ACTION REQUIRED.
If two or more persons are appointed corepresentatives and unless the will or the court provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any corepresentative receives and receipts for property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a corepresentative has been delegated to act for the others. Persons dealing with a corepresentative if actually unaware that another has been appointed to serve or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.
History:
1974 c 442 art 3 s 524.3-717; 1975 c 347 s 56; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-718 — Powers Of Surviving Personal Representative.

524.3-718 POWERS OF SURVIVING PERSONAL REPRESENTATIVE.
Unless the terms of the will otherwise provide, every power exercisable by personal corepresentatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as coexecutors is not appointed, those appointed may exercise all the powers incident to the office.
History:
1974 c 442 art 3 s 524.3-718
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-719 — Compensation Of Personal Representative.

524.3-719 COMPENSATION OF PERSONAL REPRESENTATIVE.
(a) A personal representative is entitled to reasonable compensation for services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
(b) In determining what is reasonable compensation, the court shall give consideration to the following factors:
(1) the time and labor required;
(2) the complexity and novelty of problems involved; and
(3) the extent of the responsibilities assumed and the results obtained.
History:
1974 c 442 art 3 s 524.3-719; 1979 c 137 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-720 — Expenses In Estate Litigation.

524.3-720 EXPENSES IN ESTATE LITIGATION.
Any personal representative or person nominated as personal representative who defends or prosecutes any proceeding in good faith, whether successful or not, or any interested person who successfully opposes the allowance of a will, is entitled to receive from the estate necessary expenses and disbursements including reasonable attorneys' fees incurred. When after demand the personal representative refuses to prosecute or pursue a claim or asset of the estate or a claim is made against the personal representative on behalf of the estate and any interested person shall then by a separate attorney prosecute or pursue and recover such fund or asset for the benefit of the estate, or when, and to the extent that, the services of an attorney for any interested person contribute to the benefit of the estate, as such, as distinguished from the personal benefit of such person, such attorney shall be paid such compensation from the estate as the court shall deem just and reasonable and commensurate with the benefit to the estate from the recovery so made or from such services.
History:
1974 c 442 art 3 s 524.3-720; 1975 c 347 s 57; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-721 — Proceedings For Review Of Employment Of Agents And Compensation Of Personal Representatives And Employees Of Estate.

524.3-721 PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND COMPENSATION OF PERSONAL REPRESENTATIVES AND EMPLOYEES OF ESTATE.
After notice to all interested persons or on petition of an interested person or on appropriate motion if administration is supervised, the propriety of employment of any person by a personal representative including any attorney, auditor, investment advisor or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for personal representative services, may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
History:
1974 c 442 art 3 s 524.3-721; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-802 — Statutes Of Limitations.

524.3-802 STATUTES OF LIMITATIONS.
Unless an estate is insolvent the personal representative, with the consent of all successors, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid. The running of any statute of limitations measured from some other event than death or notice given under section 524.3-801 against a decedent is suspended during the 12 months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow. For purposes of any statute of limitations, the proper presentation of a claim under section 524.3-804 is equivalent to commencement of a proceeding on the claim.
History:
1975 c 347 s 58; 1989 c 163 s 2
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-804 — Manner Of Presentation Of Claims.

524.3-804 MANNER OF PRESENTATION OF CLAIMS.
Claims against a decedent's estate may be presented as follows:
(1) The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the court administrator. The claim is deemed presented on the first to occur of receipt of the written statement of claim by the personal representative, or the filing of the claim with the court. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made.
(2) The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction, to obtain payment of the claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of death.
(3) If a claim is presented under subsection (1), no proceeding thereon may be commenced more than two months after the personal representative has mailed a notice of disallowance; but, in the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the two month period, or in any case, to avoid injustice the court, on petition, may order an extension of the two month period, but in no event shall the extension run beyond the applicable statute of limitations.
History:
1975 c 347 s 58; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1996 c 338 art 2 s 5
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-805 — Classification Of Claims.

524.3-805 CLASSIFICATION OF CLAIMS.
(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:
(1) costs and expenses of administration;
(2) reasonable funeral expenses;
(3) debts and taxes with preference under federal law;
(4) reasonable and necessary medical, hospital, or nursing home expenses of the last illness of the decedent, including compensation of persons attending the decedent, a claim filed under section 256B.15 for recovery of expenditures for alternative care for nonmedical assistance recipients under section 256B.0913, and including a claim filed pursuant to section 256B.15;
(5) reasonable and necessary medical, hospital, and nursing home expenses for the care of the decedent during the year immediately preceding death;
(6) debts with preference under other laws of this state, and state taxes;
(7) all other claims.
(b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due, except that if claims for expenses of the last illness involve only claims filed under section 256B.15 for recovery of expenditures for alternative care for nonmedical assistance recipients under section 256B.0913, section 246.53 for costs of state hospital care and claims filed under section 256B.15, claims filed to recover expenditures for alternative care for nonmedical assistance recipients under section 256B.0913 shall have preference over claims filed under both sections 246.53 and other claims filed under section 256B.15, and claims filed under section 246.53 have preference over claims filed under section 256B.15 for recovery of amounts other than those for expenditures for alternative care for nonmedical assistance recipients under section 256B.0913.
History:
1975 c 347 s 58; 1982 c 621 s 2; 1982 c 641 art 1 s 19; 1983 c 180 s 19; 1986 c 444; 1987 c 325 s 2; 1Sp2003 c 14 art 2 s 52
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-807 — Payment Of Claims.

524.3-807 PAYMENT OF CLAIMS.
(a) Upon the expiration of the earliest of the time limitations provided in section 524.3-803 for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for family maintenance and statutory allowances, for claims already presented which have not yet been allowed or whose allowance has been appealed, and for unbarred claims which may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid as provided herein may secure an order directing the personal representative to pay the claim to the extent that funds of the estate are available for the payment.
(b) The personal representative at any time may pay any just claim which has not been barred, with or without formal presentation, but the personal representative is personally liable to any other claimant whose claim is allowed and who is injured by such payment if
(1) the payment was made before the expiration of the time limit stated in subsection (a) and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or
(2) the payment was made, due to the negligence or willful fault of the personal representative, in such manner as to deprive the injured claimant of the claimant's priority.
History:
1975 c 347 s 58; 1986 c 444; 1989 c 163 s 4
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-808 — Individual Liability Of Personal Representative.

524.3-808 INDIVIDUAL LIABILITY OF PERSONAL REPRESENTATIVE.
(a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the representative capacity and identify the estate in the contract.
(b) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if the personal representative is personally at fault.
(c) Claims based on contracts entered into by a personal representative in a fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in the fiduciary capacity, whether or not the personal representative is individually liable therefor.
(d) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding.
History:
1975 c 347 s 58; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-809 — Secured Claims.

524.3-809 SECURED CLAIMS.
Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders the security; otherwise payment is upon the basis of one of the following:
(1) if the creditor exhausts the security before receiving payment, unless precluded by other law, upon the amount of the claim allowed less the fair value of the security; or
(2) if the creditor does not have the right to exhaust the security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise or litigation.
History:
1975 c 347 s 58; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-810 — Claims Not Due And Contingent Or Unliquidated Claims.

524.3-810 CLAIMS NOT DUE AND CONTINGENT OR UNLIQUIDATED CLAIMS.
(a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.
(b) In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:
(1) if the claimant consents, the claimant may be paid the present or agreed value of the claim, taking any uncertainty into account;
(2) arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.
History:
1975 c 347 s 58; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-811 — Counterclaims.

524.3-811 COUNTERCLAIMS.
In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
History:
1975 c 347 s 58
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-812 — Execution And Levies Prohibited.

524.3-812 EXECUTION AND LEVIES PROHIBITED.
No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges or liens upon real or personal property in an appropriate proceeding.
History:
1975 c 347 s 58
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-813 — Compromise Of Claims.

524.3-813 COMPROMISE OF CLAIMS.
When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
History:
1975 c 347 s 58
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-814 — Encumbered Assets.

524.3-814 ENCUMBERED ASSETS.
If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of the lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.
History:
1975 c 347 s 58; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-815 — Administration In More Than One State; Duty Of Personal Representative.

524.3-815 ADMINISTRATION IN MORE THAN ONE STATE; DUTY OF PERSONAL REPRESENTATIVE.
(a) All assets of estates being administered in this state are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed.
(b) If the estate either in this state or as a whole is insufficient to cover all family exemptions and allowances determined by the law of the decedent's domicile, prior charges and claims, after satisfaction of the exemptions, allowances and charges, each claimant whose claim has been allowed either in this state or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of the claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the creditor so benefited is to receive dividends from local assets only upon the balance of the claim after deducting the amount of the benefit.
(c) In case the family exemptions and allowances, prior charges and claims of the entire estate exceed the total value of the portions of the estate being administered separately and this state is not the state of the decedent's last domicile, the claims allowed in this state shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this state the amount to which they are entitled, local assets shall be marshalled so that each claim allowed in this state is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from assets in other jurisdictions.
History:
1975 c 347 s 58; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-816 — Final Distribution To Domiciliary Representative.

524.3-816 FINAL DISTRIBUTION TO DOMICILIARY REPRESENTATIVE.
Real estate (excluding a vendor's interest in a contract for conveyance) located in this state with regard to which the decedent died intestate and the proceeds of the sale, mortgage or lease of any such real estate available for distribution, shall pass according to the laws of this state. All other assets included in the estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless (1) by virtue of the decedent's will, if any, the successors are identified pursuant to the local law of this state without reference to the local law of the decedent's domicile; (2) the personal representative of this state, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative; or (3) the court orders otherwise in a proceeding for a closing order under section 524.3-1001 or incident to the closing of a supervised administration. In other cases, distribution of the estate of a decedent shall be made in accordance with the other parts of this article.
History:
1975 c 347 s 58
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-817 — Joint Contract Claims.

524.3-817 JOINT CONTRACT CLAIMS.
When two or more persons are indebted on any joint contract or upon a judgment on a joint contract, and one of them dies, the estate shall be liable therefor, and the amount thereof may be allowed the same as though the contract had been joint and several or the judgment had been against the decedent alone, but without prejudice to right to contribution.
History:
1975 c 347 s 58; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-901 — Successors' Rights If No Administration.

524.3-901 SUCCESSORS' RIGHTS IF NO ADMINISTRATION.
In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property pursuant to sections 524.2-402, 524.2-403, 525.14 or intestacy may establish title thereto by proof of the decedent's ownership and death, and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.
History:
1974 c 442 art 3 s 524.3-901; 1975 c 347 s 59; 1986 c 444; 1996 c 305 art 1 s 113
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-902 — Distribution; Order In Which Assets Appropriated; Abatement.

524.3-902 DISTRIBUTION; ORDER IN WHICH ASSETS APPROPRIATED; ABATEMENT.
(a) Except as provided in subsection (b) and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order: (1) property not disposed of by the will; (2) residuary devises; (3) general devises; (4) specific devises. For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.
(b) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a), the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.
(c) If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
History:
1974 c 442 art 3 s 524.3-902
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-903 — Right Of Retainer.

524.3-903 RIGHT OF RETAINER.
The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to the successor in a direct proceeding for recovery of the debt.
History:
1974 c 442 art 3 s 524.3-903; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-904 — Interest On General Pecuniary Devise.

524.3-904 INTEREST ON GENERAL PECUNIARY DEVISE.
General pecuniary devises bear interest at the legal rate beginning one year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will.
History:
1974 c 442 art 3 s 524.3-904
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-906 — Distribution In Kind; Valuation; Method.

524.3-906 DISTRIBUTION IN KIND; VALUATION; METHOD.
(a) Unless a contrary intention is indicated by the will, the distributable assets of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions:
(1) A specific devisee is entitled to distribution of the thing devised, and a spouse or child who has selected particular assets of an estate shall receive the items selected.
(2) Any statutory allowances or devise payable in money may be satisfied by value in kind provided
(i) the person entitled to the payment has not demanded payment in cash;
(ii) the property distributed in kind is valued at fair market value as of the date of its distribution; and
(iii) no residuary devisee has requested that the asset in question remain a part of the residue of the estate.
(3) For the purpose of valuation under paragraph (2) securities regularly traded on recognized exchanges, if distributed in kind, are valued at the price for the last sale of like securities, traded on the business day prior to distribution, or if there was no sale on that day, at the median between amounts bid and offered at the close of that day. Assets consisting of sums owed the decedent or the estate by solvent debtors as to which there is no known dispute or defense are valued at the sum due with accrued interest or discounted to the date of distribution. For assets which do not have readily ascertainable values, a valuation as of a date not more than 30 days prior to the date of distribution, if otherwise reasonable, controls. For purposes of facilitating distribution, the personal representative may ascertain the value of the assets as of the time of the proposed distribution in any reasonable way, including the employment of qualified appraisers, even if the assets may have been previously appraised.
(4) The residuary estate shall be distributed in kind if there is no objection to the proposed distribution and it is practicable to distribute undivided interests. In other cases, residuary property may be converted into cash for distribution.
(b) After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of any distributee to object to the proposed distribution on the basis of the kind or value of asset the distributee is to receive, if not waived earlier in writing, terminates if the distributee fails to object in writing received by the personal representative within 30 days after mailing or delivery of the proposal.
History:
1974 c 442 art 3 s 524.3-906; 1975 c 347 s 60; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-907 — Distribution In Kind; Evidence.

524.3-907 DISTRIBUTION IN KIND; EVIDENCE.
If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the distributee's title to the property.
History:
1974 c 442 art 3 s 524.3-907
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-908 — Distribution; Right Or Title Of Distributee.

524.3-908 DISTRIBUTION; RIGHT OR TITLE OF DISTRIBUTEE.
Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative, is conclusive evidence that the distributee has succeeded to the interest of the decedent and the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper.
History:
1974 c 442 art 3 s 524.3-908; 1976 c 161 s 9
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-909 — Improper Distribution; Liability Of Distributee.

524.3-909 IMPROPER DISTRIBUTION; LIABILITY OF DISTRIBUTEE.
Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if the distributee or claimant has the property. A distributee or claimant who does not have the property is liable to return the value as of the date of disposition of the property improperly received and any income and gain received.
History:
1974 c 442 art 3 s 524.3-909; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-910 — Purchasers From Distributees Protected.

524.3-910 PURCHASERS FROM DISTRIBUTEES PROTECTED.
If property distributed in kind or a security interest therein is acquired by a purchaser, or lender, for value from a distributee who has received an instrument or deed of distribution from the personal representative, the purchaser or lender takes title free of any claims of the estate and any interested person, and incurs no personal liability to them, whether or not the distribution was proper. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind.
History:
1974 c 442 art 3 s 524.3-910; 1975 c 347 s 61; 1976 c 161 s 10
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.3-911 — Partition For Purpose Of Distribution.

524.3-911 PARTITION FOR PURPOSE OF DISTRIBUTION.
When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court prior to the formal or informal closing of the estate, to make partition. After notice to the interested heirs or devisees, the court shall partition the property in the same manner as provided by the law for civil actions of partition. The court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party.
History:
1974 c 442 art 3 s 524.3-911