Minnesota Subsequent Probate Administration
Minnesota Subsequent Probate Administration
Previously Omitted Minnesota Probate Property
In the situation where a Personal Representative in a Minnesota probate proceeding either:
- was discharged by a Probate Court Judge in a formal Minnesota probate proceeding after completing the administration of the estate, or
- filed with the court a Minnesota Unsupervised Probate Closing Statement declaring that the Personal Representative had completed the administration of the estate,
one of the procedures available to address the need to transfer any previously omitted Minnesota probate property is a Minnesota Subsequent Probate Administration pursuant to M.S., Section 524.3-1008.
Minnesota Subsequent Probate Administration – Normal Duties Apply
Unless the Court orders otherwise, all of the regular probate administration provisions and duties identified in M.S., Chapter 524 will apply to a Minnesota Subsequent Probate Administration.
Minnesota Subsequent Probate Administration – No Previous Claims
No claim which was previously barred in the original probate administration may be asserted in a Minnesota Subsequent Probate Administration.
The Minnesota Subsequent Probate Administration Procedure
The Minnesota Subsequent Probate Administration procedure requires:
- the Probate Registrar – in an informal Minnesota probate proceeding, or
- the Probate Court Judge – in a formal Minnesota probate proceeding,
to either reappoint the original Personal Representative of the estate, or a successor Personal Representative of the estate, in order to allow the Personal Representative to make any transfer of title which may be necessary under the circumstances with respect to previously omitted Minnesota probate property.
While the Minnesota Subsequent Probate Administration option may be the most cumbersome method to make any transfer of title with respect to previously omitted Minnesota probate property, it may be required under the circumstances.
Minnesota Subsequent Probate Administration – M.S., Section 524.3-1008
M.S., Section 524.3-1008 identifies the authority of the Probate Court, or the Probate Registrar, to make an appointment of a Personal Representative in a Minnesota Subsequent Probate Administration, by providing in part as follows:
If property of the estate is omitted or discovered after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed,
the court upon petition or the registrar upon application of any interested person and upon notice as it directs
may appoint the same or a successor personal representative to administer the subsequently discovered estate.
If a new appointment is made, unless the court or registrar orders otherwise, the provisions of this chapter apply as appropriate;
but no claim previously barred may be asserted in the subsequent administration.
Minnesota Subsequent Probate Administration – Notice
Rule 413(c) of the Minnesota General Rules of Practice identifies the notice requirements with respect to a Minnesota Subsequent Probate Administration, by providing in part as follows:
(c) Notice of Proceedings for Subsequent Administration After Termination of Personal Representative’s Authority.
The court, upon petition, or the registrar, upon application of any interested person, may appoint the same or a successor personal representative to administer the subsequent estate.
If testacy has been adjudicated in a formal proceeding,
- notice of hearing must meet the requirements of Minn. Gen. R. Prac. 404(a),
- but the notice by publication specifically provided for in Minnesota Statutes, section 524.3-403 is not required.
If testacy has not been adjudicated previously and only appointment of a personal representative is sought, notice of hearing must meet the specific notice requirements for formal testacy proceedings provided in Minnesota Statutes, section 524.3-403, but notice by publication is not required.
Therefore, proper notice to the interested parties of the Minnesota Subsequent Probate Administration is required, and proof of providing such notice must be filed with the Probate Court.
Minnesota Subsequent Probate Administration – Inventory
Rule 413(c) of the Minnesota General Rules of Practice identifies that the Personal Representative of the estate is required to file a Supplemental Inventory with the court, and provide a copy of the Supplemental Inventory to all of the interested parties, by providing in part as follows:
In the case of subsequent administration involving omitted property, the personal representative must comply with the
- inventory,
- mailing and
- filing requirements
of Minn. Gen. R. Prac. 413(b).
Minnesota Subsequent Probate Administration – Documents.
Rule 413(d) of the Minnesota General Rules of Practice identifies that the Probate Court must determine that all of the required statements have been made, and that all of the required documents have been filed with the Probate Court, by providing as follows:
(d) Proof Required for Formal Settlement or Distribution in Subsequent Administration.
During a subsequent administration, when an order of settlement of the estate and decree or order of distribution is sought, the court must be satisfied with the pleadings and any other proof (including accounting for all assets, disbursements, and distributions made during the prior administration) before issuing its order.
Minnesota Subsequent Probate Administration – Conclusion
If a Minnesota probate proceeding has been previously closed but you have previously omitted Minnesota probate property which needs to be transferred to its rightful owners, contact attorney Gary C. Dahle, at 763-780-8390, or [email protected] for assistance with a Minnesota Subsequent Probate Administration procedure.
Copyright 2018 – All Rights Reserved.
No claim to original U.S. government works.
Gary C. Dahle – Attorney at Law
2704 Mounds View Blvd., Mounds View, MN 55112
Phone: 763-780-8390 Fax: 763-780-1735
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Information provided herein is only for general informational and educational purposes. Minnesota probate law involves many complex legal issues. If you have a specific legal problem about which you are seeking advice, either consult with your own attorney, or retain an attorney of your choice.
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