2025 Session Last amended: 1996 session

§ 261.04 — Liability of Estate

Plain-Language Summary

When a county provides support, care, or burial for a poor person, the county has a legal claim against that person or their estate for the cost. These claims are filed in district court and handled like other debts against the estate.

261.04 LIABILITY OF ESTATE.

Subdivision 1.Support, maintenance, care, or burial.

When any person is furnished or provided with support, maintenance, care, including care at the University of Minnesota hospitals, or burial as a poor person the county so furnishing such aid shall have a claim therefor against the person or the person’s estate for the reasonable value thereof, which claim may be presented and prosecuted by such county at its option upon discovery of any property belonging to the poor person or to the estate. §

Subd. 2.Claims filed in district court.

Such claims, when against the estate of a deceased person, shall be filed in district court and acted upon as in the case of other claims.

History:

(3159-1, 3159-2) 1925 c 60 s 1,2; 1969 c 247 s 1; 1973 c 380 s 8; 1973 c 650 art 21 s 23; 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1

History: History: (3159-1, 3159-2) 1925 c 60 s 1,2; 1969 c 247 s 1; 1973 c 380 s 8; 1973 c 650 art 21 s 23; 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1

Practical Notes

If you received county assistance as a poor person and later come into property or money, the county can seek repayment. After death, the county can file a claim against the estate in district court. This means county aid is not necessarily free – it may be recovered if assets are later discovered.

Source: Minnesota Office of the Revisor of Statutes