(a) Appeals to the court of appeals may be taken from any of the following orders, judgments, and decrees issued by a judge of the court under this chapter or chapter 524:
(1) an order admitting, or refusing to admit, a will to probate;
(2) an order appointing, or refusing to appoint, or removing, or refusing to remove, a representative other than a special administrator, temporary or emergency guardian, agent, or conservator;
(3) an order authorizing, or refusing to authorize, the sale, mortgage, or lease of real estate, or confirming, or refusing to confirm, the sale or lease of real estate;
(4) an order directing, or refusing to direct, a conveyance or lease of real estate under contract;
(5) an order permitting, or refusing to permit, the filing of a claim, or allowing or disallowing a claim or counterclaim, in whole or in part, when the amount in controversy exceeds $100;
(6) an order setting apart, or refusing to set apart, property, or making, or refusing to make, an allowance for the spouse or children;
(7) an order determining, or refusing to determine, venue; an order transferring, or refusing to transfer, venue;
(8) an order directing, or refusing to direct, the payment of a bequest or distributive share when the amount in controversy exceeds $100;
(9) an order allowing, or refusing to allow, an account of a representative or any part of it when the amount in controversy exceeds $100;
(10) an order adjudging a person in contempt;
(11) an order vacating, or refusing to vacate, a previous appealable order, judgment, or decree alleged to have been procured by fraud or misrepresentation, or through surprise or excusable inadvertence or neglect;
(12) a judgment or decree of partial or final distribution or an order determining or confirming distribution or any order of general protection;
(13) an order entered pursuant to section 578.17;
(14) an order granting or denying restoration to capacity;
(15) an order made directing, or refusing to direct, the payment of representative's fees or attorneys' fees, and in such case the representative and the attorney shall each be deemed an aggrieved party and entitled to appeal;
(16) an order, judgment, or decree relating to or affecting estate taxes or refusing to amend, modify, or vacate such an order, judgment, or decree; and
(17) an order extending the time for the settlement of the estate beyond five years from the date of the appointment of the representative.
(b) Appeals to the court of appeals may also be taken from any other properly appealable order pursuant to the Rules of Civil Appellate Procedure.
(c) An order appointing, refusing to appoint, removing, or refusing to remove a temporary or emergency guardian under sections 524.5-204, paragraphs (b) and (c), 524.5-311, and 524.5-312, or temporary or emergency conservator or agent under sections 524.5-406, paragraph (g), and 524.5-412, or a special administrator under section 524.3-614, is not an appealable order under this section or the Rules of Civil Appellate Procedure.
Notes of Decisions
Cited in
31
cases (
1 in the last 5 years), 1945–2024 · leading case:
In Re Est. of Janecek, 610 N.W.2d 638 (Minn. 2000).
In Re Est. of Janecek, 610 N.W.2d 638 (Minn. 2000).
· cites it 26× “The court of appeals stated that Minn.Stat. § 525.71 (1998) contained an exclusive list of appealable orders from a probate proceeding and therefore the order was not appealable, regardless of whether the order was otherwise appeal-able under the Rules of Civil Appellate…”
Greer v. Prof'l Fiduciary, Inc., 792 N.W.2d 120 (Minn. Ct. App. 2011).
· cites it 14× “See Minn. Stat. § 525.71 (a)(3) (2010) (permitting appeal of an order authorizing or refusing to authorize the sale, mortgage, or lease of real estate).”
In Re Est. of Vittorio, 546 N.W.2d 751 (Minn. Ct. App. 1996).
· cites it 16× “See Minn. Stat. § 525.71 (3) (1994) (appeal may be taken from probate order authorizing sale of real estate); Minn.”
In Re the Guardianship & Conservatorship of Doyle, 778 N.W.2d 342 (Minn. Ct. App. 2010).
· cites it 4× “1990) (refusing to consider the district court’s interlocutory order for maintenance, an appealable order under Minn.Stat. § 525.71(6), because the time for appeal of that order had expired).”
Matter of Est. of Trow, 361 N.W.2d 436 (Minn. Ct. App. 1985).
· cites it 6× “Only those probate orders enumerated in Minn.Stat. § 525.71 (Supp. 1983) are appealable.”
In Re Est. of Opsahl, 440 N.W.2d 185 (Minn. Ct. App. 1989).
· cites it 8× “DECISION In probate matters, only those orders enumerated in Minn.Stat. § 525.71 (1988) are appealable.”
Matter of Est. of Arend, 373 N.W.2d 338 (Minn. Ct. App. 1985).
· cites it 2× “This appeal is from an order construing a will filed on November 9, 1984 and is authorized by Minn.Stat. § 525.71(12). The trial court determined that evidence of surrounding circumstances was admissible to show decedent’s testamentary intent.”
Gabel v. Ferodowill, 95 N.W.2d 101 (Minn. 1959).
· cites it 3× “” Section 525.71 provides what orders are appealable from the probate court to the district court: “An appeal to the district court may be taken from any of the following orders, judgments, and decrees of the probate court: H* ❖ * * * “(3) An order authorizing, or refusing to…”
In Re Est. of LeBrun, 458 N.W.2d 139 (Minn. Ct. App. 1990).
· cites it 4× “At oral argument there arose a jurisdiction issue concerning claimed errors in the trial court’s interlocutory order for family maintenance. Supplemental briefs were ordered.”
Matter of Est. of Rechtzigel, 385 N.W.2d 827 (Minn. Ct. App. 1986).
· cites it 2× “Minn.Stat. § 525.71 (1984) provides: Appeals to the court of appeals may be taken from any of the following orders, judgments, and decrees issued by a judge of the court under chapters 524 or 525: (1) an order admitting, or refusing to admit, a will to probate * * *.”
In Re Est. of Overton, 417 N.W.2d 653 (Minn. Ct. App. 1988).
· cites it 2× “Overton? DISCUSSION I This appeal is brought pursuant to Minn.Stat. §§ 525.71(1) and 525.712 (1986), which authorize an appeal “by any person aggrieved” by a probate court order “admitting or refusing to admit, a will to probate.”
In Re Conservatorship of Gobernatz, 603 N.W.2d 357 (Minn. Ct. App. 1999).
· cites it 2× “Did the district court lack subject matter jurisdiction to determine whether the proceeds of the certificate of deposit must be returned to Gobernatz’s estate? ANALYSIS I. Civil Contempt Respondents argue that the order finding Luke in civil contempt is not final or appealable.”
— Minn. Stat. § 525.71(1) — 2 cases
In Re Est. of Overton, 417 N.W.2d 653 (Minn. Ct. App. 1988).
“Overton? DISCUSSION I This appeal is brought pursuant to Minn.Stat. §§ 525.71(1) and 525.712 (1986), which authorize an appeal “by any person aggrieved” by a probate court order “admitting or refusing to admit, a will to probate.”
In Re Est. of Opsahl, 440 N.W.2d 185 (Minn. Ct. App. 1989).
“DECISION In probate matters, only those orders enumerated in Minn.Stat. § 525.71 (1988) are appealable.”
— Minn. Stat. § 525.71(10) — 1 case
In Re Conservatorship of Gobernatz, 603 N.W.2d 357 (Minn. Ct. App. 1999).
“Did the district court lack subject matter jurisdiction to determine whether the proceeds of the certificate of deposit must be returned to Gobernatz’s estate? ANALYSIS I. Civil Contempt Respondents argue that the order finding Luke in civil contempt is not final or appealable.”
— Minn. Stat. § 525.71(11) — 2 cases
Matter of Est. of Trow, 361 N.W.2d 436 (Minn. Ct. App. 1985).
“Only those probate orders enumerated in Minn.Stat. § 525.71 (Supp. 1983) are appealable.”
— Minn. Stat. § 525.71(12) — 4 cases
In Re Est. of Vittorio, 546 N.W.2d 751 (Minn. Ct. App. 1996).
“See Minn. Stat. § 525.71 (3) (1994) (appeal may be taken from probate order authorizing sale of real estate); Minn.”
Matter of Est. of Arend, 373 N.W.2d 338 (Minn. Ct. App. 1985).
“This appeal is from an order construing a will filed on November 9, 1984 and is authorized by Minn.Stat. § 525.71(12). The trial court determined that evidence of surrounding circumstances was admissible to show decedent’s testamentary intent.”
— Minn. Stat. § 525.71(14) — 1 case
— Minn. Stat. § 525.71(15) — 3 cases
In Re Est. of Opsahl, 440 N.W.2d 185 (Minn. Ct. App. 1989).
“DECISION In probate matters, only those orders enumerated in Minn.Stat. § 525.71 (1988) are appealable.”
— Minn. Stat. § 525.71(16) — 1 case
Matter of Est. of Trow, 361 N.W.2d 436 (Minn. Ct. App. 1985).
“Only those probate orders enumerated in Minn.Stat. § 525.71 (Supp. 1983) are appealable.”
— Minn. Stat. § 525.71(2) — 1 case
— Minn. Stat. § 525.71(3) — 2 cases
In Re Est. of Vittorio, 546 N.W.2d 751 (Minn. Ct. App. 1996).
“See Minn. Stat. § 525.71 (3) (1994) (appeal may be taken from probate order authorizing sale of real estate); Minn.”
Gabel v. Ferodowill, 95 N.W.2d 101 (Minn. 1959).
“” Section 525.71 provides what orders are appealable from the probate court to the district court: “An appeal to the district court may be taken from any of the following orders, judgments, and decrees of the probate court: H* ❖ * * * “(3) An order authorizing, or refusing to…”
— Minn. Stat. § 525.71(5) — 1 case
— Minn. Stat. § 525.71(6) — 2 cases
In Re the Guardianship & Conservatorship of Doyle, 778 N.W.2d 342 (Minn. Ct. App. 2010).
“1990) (refusing to consider the district court’s interlocutory order for maintenance, an appealable order under Minn.Stat. § 525.71(6), because the time for appeal of that order had expired).”
In Re Est. of LeBrun, 458 N.W.2d 139 (Minn. Ct. App. 1990).
“At oral argument there arose a jurisdiction issue concerning claimed errors in the trial court’s interlocutory order for family maintenance. Supplemental briefs were ordered.”
— Minn. Stat. § 525.71(8) — 1 case
— Minn. Stat. § 525.71(a) — 1 case
In Re the Guardianship & Conservatorship of Doyle, 778 N.W.2d 342 (Minn. Ct. App. 2010).
“1990) (refusing to consider the district court’s interlocutory order for maintenance, an appealable order under Minn.Stat. § 525.71(6), because the time for appeal of that order had expired).”
— Minn. Stat. § 525.71(a)(2) — 1 case
Greer v. Prof'l Fiduciary, Inc., 792 N.W.2d 120 (Minn. Ct. App. 2011).
“See Minn. Stat. § 525.71 (a)(3) (2010) (permitting appeal of an order authorizing or refusing to authorize the sale, mortgage, or lease of real estate).”
— Minn. Stat. § 525.71(a)(3) — 1 case
Greer v. Prof'l Fiduciary, Inc., 792 N.W.2d 120 (Minn. Ct. App. 2011).
“See Minn. Stat. § 525.71 (a)(3) (2010) (permitting appeal of an order authorizing or refusing to authorize the sale, mortgage, or lease of real estate).”
— Minn. Stat. § 525.71(a)(8) — 1 case
— Minn. Stat. § 525.71(a)(9) — 1 case
Greer v. Prof'l Fiduciary, Inc., 792 N.W.2d 120 (Minn. Ct. App. 2011).
“See Minn. Stat. § 525.71 (a)(3) (2010) (permitting appeal of an order authorizing or refusing to authorize the sale, mortgage, or lease of real estate).”
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