2006 Minnesota Code
Chapters 524 - 532 Estates of Decedents; Guardianships
Chapter 524 Uniform Probate Code
Section 524.3-407 FORMAL TESTACY PROCEEDINGS; BURDENS IN CONTESTED CASES.
524.3-407 FORMAL TESTACY PROCEEDINGS; BURDENS IN CONTESTED CASES.
In contested cases, petitioners who seek to establish intestacy have the burden of establishing
prima facie proof of death, venue and heirship. Proponents of a will have the burden of
establishing prima facie proof of due execution in all cases, and, if they are also petitioners, prima
facie proof of death and venue. Contestants of a will have the burden of establishing lack of
testamentary intent or capacity, undue influence, fraud, duress, mistake or revocation. Parties have
the ultimate burden of persuasion as to matters with respect to which they have the initial burden
of proof. If a will is opposed by the petition for probate of a later will revoking the former, it shall
be determined first whether the later will is entitled to probate, and if a will is opposed by a petition
for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.
History: 1974 c 442 art 3 s 524.3-407
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