Detailed Answer
In Minnesota probate proceedings, the personal representative (PR) plays a key role in managing, distributing, and accounting for estate assets. Under Minnesota’s Uniform Probate Code, the PR must prepare a detailed account of all estate transactions and provide it to interested persons.
Who is an “interested person”? Interested persons include heirs, devisees, creditors, and other parties with a legal or financial stake in the estate. Beneficiaries under the will and statutory distributees also qualify.
Statutory requirements for the accounting:
- Final Accounting: Minn. Stat. § 524.3-807 requires the PR to file a final account with the court and serve a copy on all interested persons. The account must list receipts, disbursements, distributions, and the current estate balance. See Minn. Stat. § 524.3-807.
- Interim Accounting: Under Minn. Stat. § 524.3-814, any interested person may request an interim or supplemental account at any time. The PR then has 30 days to file and serve the requested accounting. See Minn. Stat. § 524.3-814.
The PR must serve the accounting at least 10 days before the hearing on final distribution. Interested persons may object to the account by filing a written challenge with the court. If no objections arise, the court approves the account and discharges the PR upon closing the estate.
Failure to provide the required accounting can lead to court sanctions, surcharge of the PR for losses, or removal of the PR. If you believe the PR has not complied, you can file a petition with the probate court to compel production of the account or seek other relief.
Helpful Hints
- Identify your status: Confirm you’re an “interested person” under Minn. Stat. § 524.1-201.
- Watch deadlines: Note the 30-day deadline for interim accounting requests and the 10-day notice before the final hearing.
- Review the inventory: Compare the accounting to the initial inventory filed under Minn. Stat. § 524.3-701.
- Keep records: Maintain copies of all notices, petitions, and accountings you receive.
- File objections promptly: If you spot errors or omissions, file a written objection before the hearing date.
- Consult court rules: Minnesota Rules of Probate Procedure 305–340 govern notices, hearings, and objections.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your individual situation.