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probate code

There has been some confusion in the Minnesota probate sphere concerning the effective date for the new asset limit for the Affidavit of Collection process.

For a recap of the issues, see here and here.

Multiple sources have confirmed that the effective date is 12:01 a.m. on August 1st and that the new asset limit is not currently in effect. Since the bill that was passed listed no effective date, the default date for non-appropriation bills is August 1st.

Practice Tip: If you have an estate that has more than $20,000 but less than $50,000 of probate assets, consider waiting until August 1st to take advantage of the new statute. Also recall that the successor need not present the affidavit in duplicate (a requirement under the old/current statute).

Special thanks to Tom Holker of Holker Law Offices for his work on verifying the effective date with the House Clerk.

Categorized in In the News, Practice Tips and tagged as , , , ,

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Don’t forget these: Personal representative powers you may have forgotten about

January 7, 2009

The powers of a personal representative in Minnesota are quite broad. The probate code delineates a host of these powers in Minn. Stat. 524.3-715. It is worth taking some time to read through that statute since, if you haven’t, you may discover powers you didn’t know the personal representative had.
Here’s a selection of [...]

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Are Amendments to Minnesota’s Probate Code Coming?

November 13, 2008

This summer the Commissioners on Uniform State Laws convened to finalize 2008 amendments to the Uniform Probate Code for recommendation to the states. You can view the 2008 approved amendments (red-line version) by clicking here.
It will be interesting to see whether Minnesota’s legislature adopts any of the new amendments. I’ve heard rumblings that [...]

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Errors in the Statutes

October 31, 2008

When you read through Minnesota’s statutes on probate, it is amazing what you find. In the past month, I’ve found three errors– statutes that refer to non-existent statutes.
Here’s the list:

524.3-303 and 308 refer to clause 19 of 524.1-201. There is no clause 19. Presumably the reference should be clause 24.
524.3-413 refers to 525.02. [...]

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Updated Probate Statutes

October 28, 2008

The online version of the Minnesota statutes has now been updated for 2008 legislation. I like to bookmark chapter 524 of the Probate Code so that I can perform keyword searches throughout the entire chapter or read successive sections.
In my view, the most important change this year was to §524.2-402 (descent of homestead). [...]

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Probate Code Reading Plan

October 6, 2008

The best way to understand Minnesota’s probate code is to read it. I’ve created a probate code reading plan that helps me systematically read through the entire code about once a year. Doing so keeps the statutes fresh in my mind. I’ve heard that one of the judges in the [...]

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