Newly Discovered Minnesota Probate Property

Newly Discovered Minnesota Probate Property

Newly Discovered Minnesota Probate Property – Options

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,

there are three probate procedures available to address the need to transfer any newly discovered Minnesota probate property:

The continuing administration of the newly discovered Minnesota probate property without a need for the reappointment of the Personal Representative, pursuant to M.S., Section 524.3-1003 (hereinafter the “Minnesota One Year Continuing Probate Administration”);
The reappointment of the Personal Representative of the estate, or the appointment of a successor Personal Representative of the estate, pursuant to M.S., Section 524.3-1008, and the subsequent administration of the newly discovered Minnesota probate property under the normal probate procedures and requirements (hereinafter a “Minnesota Subsequent Probate Administration”); and
Obtaining from a Probate Court Judge in a formal Minnesota probate proceeding a Minnesota Decree of Descent of Omitted Property with respect to the newly discovered property, pursuant to M.S., Section 524.3-413 (hereinafter a “Minnesota Decree of Descent of Omitted Property”).

Newly Discovered Minnesota Probate Property – Summary

(i) Minnesota One Year Continuing Probate Administration

The Minnesota 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 newly discovered Minnesota probate property if the circumstances allow its use, it does have certain procedural requirements which must be satisfied.

(ii) Minnesota Subsequent Probate Administration

The Minnesota Subsequent Probate Administration option 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 make any transfer of title which may be necessary under the circumstances with respect to the newly discovered Minnesota probate property.

The Minnesota Subsequent Probate Administration option is the most cumbersome method to make any transfer of title with respect to newly discovered Minnesota probate property, but may be required under the circumstances.

(iii) Minnesota Decree of Descent of Omitted Property

The Minnesota Decree of Descent of Omitted Property option requires a Probate Court Judge in a formal Minnesota probate proceeding to either modify or supplement a previous Minnesota Decree of Distribution issued in the same probate court file – without either:

the reappointment of the original Personal Representative of the estate, or
the appointment of a successor Personal Representative of the estate.

Obtaining a Minnesota Decree of Descent of Omitted Property can be a simple procedure, if the situation will allow its use.

Newly Discovered Minnesota Probate Property – Conclusion

If a Minnesota probate proceeding has been previously closed but you have Minnesota probate property which needs to be transferred to its rightful owners, 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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——— Gary C. Dahle Attorney at Law ———