2025 Session Last amended: 1986 session

§ 524.3-1002 — Formal Proceedings Terminating Testate Administration; Order Construing Will Without Adjudicating Testacy

Plain-Language Summary

This section lets a personal representative, or a devisee under an informally probated will, ask the court for a formal order settling and distributing an estate and construing the will, without the court formally deciding (adjudicating) whether the will is the valid one. After notice to the devisees and a hearing, the court can approve the final account, direct distribution, and discharge the personal representative as to the participating devisees.

524.3-1002 FORMAL PROCEEDINGS TERMINATING TESTATE ADMINISTRATION; ORDER CONSTRUING WILL WITHOUT ADJUDICATING TESTACY.

A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may petition at any time, and a devisee may petition after one year, from the appointment of the original personal representative, except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to consider the final account or compel or approve an accounting and distribution, to construe the will and adjudicate final settlement and distribution of the estate. After notice to all devisees and the personal representative and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any devisee who is a party to the proceeding and those the devisee represents. If it appears that a part of the estate is intestate, the proceedings shall be dismissed or amendments made to meet the provisions of section 524.3-1001.

History:

1974 c 442 art 3 s 524.3-1002; 1986 c 444

History: History: 1974 c 442 art 3 s 524.3-1002; 1986 c 444

Practical Notes

Use this when an estate began under an informal (unsupervised) probate and the parties want a binding court order settling the estate and interpreting the will, but do not need the court to rule on which will controls. The personal representative may petition at any time and a devisee may petition after one year from the original appointment, but no petition is heard until the deadline for creditor claims that arose before death has passed. If part of the estate turns out to be intestate (not covered by the will), the case is dismissed or amended to proceed under section 524.3-1001 instead.

Source: Minnesota Office of the Revisor of Statutes