Minn. Stat. » CHAPTER 525. PROBATE PROCEEDINGS
Minnesota Statutes

Minn. Stat. § 525.02 (2026)

[Repealed]

✓ current as of May 2026
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MS 2004 [Repealed, 2006 c 260 art 5 s 54]

Notes of Decisions
Cited in 10 cases, 1963–2011 · leading case: Matter of Est. of Weber, 418 N.W.2d 497 (Minn. Ct. App. 1988).
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Matter of Est. of Weber, 418 N.W.2d 497 (Minn. Ct. App. 1988). · cites it 16× “192, 194 (1940); see also Minn.Stat. § 525.02 (1986). A probate court’s determination of a factual question is not to be set aside unless clearly erroneous.”
Barrett v. MacDonald, 121 N.W.2d 165 (Minn. 1963). · cites it 10× “Section 525.02 provides in part: "In addition to its general powers, the probate court shall have power: * * * * * "(4) To correct, modify, or amend its records to conform to the facts, and to correct its final decrees so as to include therein property omitted from the same or…”
In Re the Est. of Nordlund, 602 N.W.2d 910 (Minn. Ct. App. 1999). · cites it 6× “The statute further provides: Whenever real or personal property or any interest therein has been omitted from probate proceedings, from a deed or transfer of distribution, a decree of distribution, or an order for distribution, or has been incorrectly described therein, any…”
In Re the Est. of McCue, 449 N.W.2d 509 (Minn. Ct. App. 1990). · cites it 8× “ISSUE Did the trial court abuse its discretion by granting appellant's motion to vacate the order for formal probate of decedent's will but limiting the hearing to the issue of its execution? ANALYSIS Minnesota law provides: [T]he [probate] court shall have power to correct,…”
Matter of Irrevocable Inter Vivos Trust, Etc., 305 N.W.2d 755 (Minn. 1981). · cites it 2× “The executor's final account had been approved on April 27, 1975, when the final decree was issued. No appeal was taken, and the time for appeal has long since expired.”
Greer v. Prof'l Fiduciary, Inc., 792 N.W.2d 120 (Minn. Ct. App. 2011). “§ 525.02 (2004), which was probate code provision in effect at the commencement of Greer’s conservatorship and guardianship).”
In re the Conservatorship of Bromley, 359 N.W.2d 723 (Minn. Ct. App. 1984). · cites it 2× “DECISION The probate court may: correct, modify, vacate, or amend its records, orders and decrees: * * * * * % (c) Within two years after petitioner’s discovery thereof, for fraud, whether intrinsic or extrinsic, or misrepresentation unless petitioner be a party to such fraud *…”
State Bank & Trust Co. v. Melzark, 305 N.W.2d 755 (Minn. 1981). · cites it 2× “The executor’s final account had been approved on April 27, 1975, when the final decree was issued. No appeal was taken, and the time for appeal has long since expired.”
Arneson v. Arneson, 372 N.W.2d 20 (Minn. Ct. App. 1985). · cites it 2× “, and Minn.Stat. § 525.02 (1982). On December 10, 1984, before the probate court ruled on the motion made five days earlier, appellants appealed from the summary judgment.”
Bergeron v. Comm'r, 52 T.C.M. 1177 (Tax Ct. 1986). · cites it 2× “Petitioner is not a sophisticated taxpayer; had she planned to give even more property to her children, it is unlikely that she would have done so by underfunding the marital share of decedent's estate.”
— Minn. Stat. § 525.02(4) — 1 case
Barrett v. MacDonald, 121 N.W.2d 165 (Minn. 1963). “Section 525.02 provides in part: "In addition to its general powers, the probate court shall have power: * * * * * "(4) To correct, modify, or amend its records to conform to the facts, and to correct its final decrees so as to include therein property omitted from the same or…”
— Minn. Stat. § 525.02(c) — 1 case
Matter of Est. of Weber, 418 N.W.2d 497 (Minn. Ct. App. 1988). “192, 194 (1940); see also Minn.Stat. § 525.02 (1986). A probate court’s determination of a factual question is not to be set aside unless clearly erroneous.”
— Minn. Stat. § 525.02(d) — 2 cases
In Re the Est. of McCue, 449 N.W.2d 509 (Minn. Ct. App. 1990). “ISSUE Did the trial court abuse its discretion by granting appellant's motion to vacate the order for formal probate of decedent's will but limiting the hearing to the issue of its execution? ANALYSIS Minnesota law provides: [T]he [probate] court shall have power to correct,…”
Matter of Est. of Weber, 418 N.W.2d 497 (Minn. Ct. App. 1988). “192, 194 (1940); see also Minn.Stat. § 525.02 (1986). A probate court’s determination of a factual question is not to be set aside unless clearly erroneous.”
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