Chapter 578 — Absentees; Possession, Management, and Disposition of Property
Minnesota Statutes Chapter 578 — Absentees; Possession, Management, and Disposition of Property
578.01
Definitions
This section defines key terms used in Minnesota's absentee property law. 'Court' means the probate court in the county …
578.02
Absentees; Possession, Management, and Disposition of Property
This section allows a court to take control of a missing person's property when the person has disappeared and has no …
578.03
Warrant; Sheriff to Take Possession of Property; Fees and Costs
This section allows the court to issue a warrant directing the sheriff to take possession of the missing person's …
578.04
Notice of Seizure; Appointment of Receiver; Disposition of Property
After the sheriff takes possession of the missing person's property, the court issues a public notice addressed to the …
578.05
Publication of Notice
The court's notice must be published in a newspaper for three weeks in a row, posted in visible locations in the county …
578.06
Hearing by Court; Dismissal of Proceeding; Appointment and Bond of Receiver
At the hearing, the missing person or anyone with an interest in the property can appear and argue against appointing a …
578.07
Transfer of Property to Receiver
After the receiver posts a bond, the court can order the sheriff to hand over the missing person's property to the …
578.08
Additional Property; Receiver to Take Possession
The receiver can be authorized to take control of additional property belonging to the missing person, including …
578.09
Where No Corporeal Property; Receiver; Bond
When a missing person has no physical property but is owed debts or money by others, a receiver can still be appointed …
578.10
Care of Property; Lease; Sale; Control of Business
The court can order the receiver to care for, lease, invest, or sell the missing person's property. Property that is …
578.11
Advance Life Insurance Payments to Absentee's Beneficiary
If a missing person had a life insurance policy with a spouse, child, or other dependent named as the beneficiary, the …
578.12
Hearing by Court; Determination of Right to Advance Life Insurance Payments
This section sets the process for getting advance life insurance payments when someone is missing. A petition must be …
578.13
Reappearance of Absentee
If the missing person is later declared dead, any advance insurance payments already made are subtracted from the final …
578.14
Use of Proceeds
The court can order that money from the missing person's property be used to support their spouse and minor children, …
578.15
Claims; Adjustment by Receiver
The court can allow the receiver to settle claims for or against the missing person's estate through arbitration or …
578.16
Presumption of Death From Absence
A person who has been missing for four continuous years, and cannot be found after a thorough search, is legally …
578.17
Hearing by Court; Determination of Death of an Absentee
Any interested person can ask the court to hold a hearing to officially declare a missing person dead. This can happen …
578.18
Degree of Burden of Proof
The person asking the court to declare an absentee dead has the burden of proof. If the missing person was in a known …
578.19
Dissolution of Marriage
When a court officially declares a missing person dead, their marriage is automatically dissolved. The court includes …
578.20
Compensation of Receiver; Title of Absentee Lost After Four Years
The receiver is entitled to reasonable compensation. If the missing person returns within four years and has not been …
578.21
Property Distribution; Time Limitation
If the receiver is not appointed within three years of the court's finding of absence, the time limits for property …