{"data":{"id":"us-mn/minn.-stat.-524.3-401","jurisdiction":"us-mn","citation":"Minn. Stat. § 524.3-401","heading":"FORMAL TESTACY PROCEEDINGS; NATURE; WHEN COMMENCED.","body":"A formal testacy proceeding is one conducted with notice to interested persons before a court to establish a will or determine intestacy. A formal testacy proceeding may be commenced by an interested person or a personal representative named in the will filing a petition as described in section 524.3-402(a) in which it is requested that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with section 524.3-402(b) for an order that the decedent died intestate.\nA petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.\nDuring the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.\nUnless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, shall refrain from exercising power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.","path":["PROBATE; PROPERTY; ESTATES; GUARDIANSHIPS; ANATOMICAL GIFTS","CHAPTER 524. UNIFORM PROBATE CODE","Article 3 PROBATE OF WILLS AND ADMINISTRATION","Part 4 FORMAL TESTACY AND APPOINTMENT PROCEEDINGS"],"source_url":"https://www.revisor.mn.gov/statutes/cite/524.3-401","current_through":"2025 Minnesota Statutes","vintage":"","retrieved_at":"2026-09-02T22:10:49Z","sha256":"b145955d557b65e19e68e6b7b2a0d454de0699aa25eab0820d08d40687843615","source_id":"us-mn","stale":false,"prev":"us-mn/minn.-stat.-524.3-311","next":"us-mn/minn.-stat.-524.3-402"},"notice":"GroundRules: Original legal text. Not legal advice."}