2025 Session Last amended: 1974 session

§ 524.3-1102 — Procedure for Securing Court Approval of Compromise

Plain-Language Summary

This section sets out the procedure for getting court approval of a compromise (a settlement) of an estate dispute. The terms must be put in a written agreement signed by all competent persons and by parents acting for any minor child whose interests or claims may be affected, though signatures are not required from people who cannot be identified or located. Any interested person, including the personal representative or a trustee, may then submit the agreement to the court, and after notice to all interested persons the court may approve it if it finds the dispute is in good faith and the agreement is just and reasonable to those represented by fiduciaries. Once the court approves and the agreement is executed, the estate is distributed according to its terms.

524.3-1102 PROCEDURE FOR SECURING COURT APPROVAL OF COMPROMISE.

The procedure for securing court approval of a compromise is as follows:

(1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.

(2) Any interested person, including the personal representative or a trustee, then may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives.

(3) After notice to all interested persons or their representatives, including the personal representative of the estate and all affected trustees of trusts, the court, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries under its supervision to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise. Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.

History:

1974 c 442 art 3 s 524.3-1102

History: History: 1974 c 442 art 3 s 524.3-1102

Practical Notes

To make an estate settlement binding through the court, the parties generally need a written agreement signed by everyone with an affected interest (with parents signing for their minor children), then submit it to the court, which approves it only after notice and a finding that the dispute is genuine and the terms are fair to those represented. Minor children represented only by their parents are bound only if their parents sign along with the other competent parties. Because the process requires court approval and proper notice, anyone pursuing such a settlement should work with a Minnesota attorney.

Source: Minnesota Office of the Revisor of Statutes