This post is meant to give an overview of Minnesota probate law as it relates to priority and qualification of executors or personal representatives.
In either a formal or informal estate administration or “probate”, a personal representative must be appointed to represent a deceased person’s estate in Minnesota – this is true for Dakota County or any other Minnesota county.
To be able to undertake his or her responsibilities as a personal representative, that person must:
- be appointed by a court order
- qualify to serve as a personal representative
- be issued “letters testamentary” for those estates where the deceased left a Will, or;
- be issued “letters of administration” for those estate where the deceased did not leave a Will.
The testamentary letters are essentially used as the official document showing the court’s approval that the personal representative is now representing the estate in his or her official capacity. Of course, that capacity comes with the responsibility of complying with Minnesota law and acting as a “fiduciary” for estate beneficiaries or “heirs”.
Priority for Qualification of a Minnesota personal representative
In either an informal or formal probate administration, Minnesota Statute 524.3-203 provides that a person who is not disqualified to serve as personal representative has priority of appointment in the following order:
- the person with priority as determined by a probated Will; including a person nominated by a power conferred in a Will;
- the surviving spouse of the decedent who is a devisee of the decedent;
- other devisees of the decedent;
- the surviving spouse of the decedent;
- other heirs of the decedent;
- 45 days after the death of the decedent, and creditor;
- 90 days after death of the decedent, and pursuant to Minnesota Statute 524.4-428, paragraph (b), any conservator of the decedent who has not been discharged.
The above list is a “priority” list. This means that the person(s) at the top of the list get first priority and then the court goes downward to determine priority. This has implications on who can be appointed and how.
For example, if a Will names a person as the personal representative, then that person has priority. If a Will does not name a personal representative, or there is no Will, then the court goes down the priority list to choose someone. If nobody qualifies, the court can appoint someone to serve. This could be a private party or otherwise.
Those are the initial requirements under Minnesota law behind how and when a personal representative is appointed. Talking with a qualified Minnesota probate lawyer will point you in the right direction if you have further questions about the priority and qualification of personal representatives under Minnesota law.
