Minnesota Unsupervised Probate Closing

Minnesota Unsupervised Probate Closing

Minnesota Unsupervised Probate Closing Statement

A Personal Representative in a Minnesota probate proceeding which is not being supervised by the Probate Court may close the estate by filing a Minnesota Unsupervised Probate Closing Statement with the Court pursuant to M.S., Section 524.3-1003, declaring that the Personal Representative had completed the administration of the estate.

Minnesota Unsupervised Probate Closing Statement – Conditions

M.S., Section 524.3-1003(a) identifies the conditions for the filing of a Minnesota Unsupervised Probate Closing Statement, by providing in part as follows:

Unless prohibited by order of the court
and except for estates being administered in supervised administration proceedings,
a personal representative may close an estate
by filing with the court no earlier than four months after the date of original appointment of a general personal representative for the estate,
a statement stating that the filer, or a prior personal representative whom the filer has succeeded, has or have: . . .

Minnesota Unsupervised Probate Closing Statement – Contents

M.S., Section 524.3-1003(a) identifies the required contents of a Minnesota Unsupervised Probate Closing Statement, by providing in part as follows:

. . . a statement stating that the filer, or a prior personal representative whom the filer has succeeded, has or have:
(1)     published notice to creditors and that the first publication occurred more than four months prior to the date of filing of the statement;
(2)     fully administered the estate of the decedent by making payment, settlement or other disposition of all claims which were presented, expenses of administration and estate and other taxes, except as specified in the statement, and that the assets of the estate have been inventoried and distributed to the persons entitled.
If any claims, expenses or taxes remain undischarged, the statement shall state in detail other arrangements which have been made to accommodate outstanding liabilities; and
(3)     prior to filing the statement, sent a copy thereof to all distributees of the estate and to all creditors or other known claimants whose claims are neither paid nor barred and has furnished a full account in writing of the personal representative’s administration to the distributees whose interests are affected thereby.

Minnesota Unsupervised Probate Closing – Continuing Authority

M.S., Section 524.3-1003(b) identifies that the authority of a Personal Representative in a Minnesota probate proceeding continues for one year following the filing with the Probate Court of a Minnesota Unsupervised Probate Closing Statement, by providing in part as follows:

If no proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.
Letters of appointment remain in full force until one year after the filing of the closing statement at which time the authority of the personal representative shall terminate.

Minnesota Unsupervised Probate Closing – Certified Copies of Letters

During the one-year period of time after the filing of a Minnesota Unsupervised Probate Closing Statement, certified copies of Letters of Appointment may still be obtained from the Probate Court in order to evidence the Personal Representative’s continuing authority.

If any previously omitted Minnesota probate property is discovered during the one-year period of time after the filing of a Minnesota Unsupervised Probate Closing Statement, a transfer of such property by the Personal Representative to the proper beneficiary can be quickly accomplished after:

filing with the Court a Supplemental Inventory, and
providing a copy of the Supplemental Inventory to each of the interested parties.

Minnesota Unsupervised Probate Closing – Supplemental Inventory

If any previously omitted Minnesota probate property is discovered, a Supplementary Inventory must be filed with the Court if an original Inventory had been filed, as M.S. § 524.3-708 provides as follows:

If any property not included in the original inventory comes to the knowledge of a personal representative or
if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading,
the personal representative shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent’s death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and furnish copies thereof or information thereof to persons interested in the new information, and file it with the court if the original inventory was filed.

Therefore, before any transfer by the Personal Representative of previously omitted property can be made, copies of the Supplementary Inventory:

must be provided to all interested persons, and
proof of service by mail of the Supplementary Inventory must be filed with the Court.

Minnesota Unsupervised Probate Closing – Rule 413.

Rule 413 of the Minnesota General Rules of Practice provides in part as follows:

(a) Authority of Personal Representative During One Year Period After Filing Closing Statement.
For one year from the date of filing the closing statement authorized by the code,
the personal representative shall have full and complete authority to execute further transfers of property;
to complete transactions;
to complete distributions;
to correct misdescriptions or improper identification of assets; or
to transfer or distribute omitted property.
During this period, the personal representative shall ascertain any matters of unfinished administration which must be completed prior to the termination of the representative’s authority.
(b) Authority of Personal Representative to Transfer or Distribute Omitted Property During One Year Period After Filing Closing Statement.
In the case of omitted property discovered
after the filing of the closing statement authorized by the code,
but before termination of the personal representative’s authority,
the personal representative must, as required by the code,
file a supplementary inventory with the court and
mail a copy to any surviving spouse, other distributees, and other interested persons, including creditors whose claims are unpaid and not barred.
Proof of service by mail must be filed with the court prior to any transfer of the omitted property by the personal representative.

Minnesota Unsupervised Probate Closing – Summary

The One Year Continuing Probate Administration option allows the original Personal Representative of the estate to make any subsequent transfer of title with respect to newly discovered Minnesota probate property which may be required during the one-year period after a Minnesota Unsupervised Probate Closing Statement has been filed with the Court, pursuant to M.S., Section 524.3-1003.

While the Minnesota One Year Continuing Probate Administration option is the easiest method to accomplish a transfer of title with respect to the previously omitted Minnesota probate property if the circumstances allow its use, it does have certain procedural requirements which must be satisfied.

Minnesota Unsupervised Probate Closing – Conclusion

For assistance with the filing of a Minnesota Unsupervised Probate Closing Statement, or for assistance with making any subsequent transfer of title with respect to newly discovered Minnesota probate property which may be required during the one-year period after a Minnesota Unsupervised Probate Closing Statement has been filed with the Court, contact attorney Gary C. Dahle, at 763-780-8390, or [email protected].

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

[email protected]

Topics of Interest:

Minnesota Joint Tenancy

Legal Disclaimer

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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