Minn. Stat. » CHAPTER 541. LIMITATION OF TIME, COMMENCING ACTIONS
Minnesota Statutes

Minn. Stat. § 541.16 (2026)

Period Between Death Of Party And Commencement Of Action

✓ current as of May 2026
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If the death of a person occurs within the last year of the period of limitation for the commencement of an action, the action may be commenced by the personal representative at any time within one year after such death. If a cause of action survives against a decedent, which is not required by law to be presented as a claim against the decedent's estate, an action may be brought thereon against the personal representative of the decedent at any time within one year after death or within the limitation period otherwise prescribed, whichever is longer.

Notes of Decisions
Cited in 4 cases, 1943–2005 · leading case: DeCosse v. Armstrong Cork Co., 319 N.W.2d 45 (Minn. 1982).
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DeCosse v. Armstrong Cork Co., 319 N.W.2d 45 (Minn. 1982). · cites it 4× “Minn.Stat. § 541.16 (1941). Special letters of administration were not granted until nearly three years after the plaintiff’s death.”
Cashman v. Hedberg, 10 N.W.2d 388 (Minn. 1943). · cites it 5× “§ 541.16 (Mason St. 1927, § 9203), which provides: “The time which elapses between the death of a person and the granting of letters testamentary or of administration on his estate, not exceeding six months, and a period of six months after the granting of such letters, are not…”
Bonhiver v. Fugelso, Porter, Simich & Whiteman, Inc., 355 N.W.2d 138 (Minn. 1984). · cites it 2× “These two statutes, therefore, deal with different classes of actions and are not in pari materia.”
Walberg v. St. Francis Home, Inc., 2005 WI 64 (Wis. 2005). “5852 (2004); Minn. Stat. § 541.16 (2005). According to Walberg, these statutes serve the same function of extending, not restricting, the time for the representatives of a decedent to bring an action should a claimant die within a short time before the expiration of the claim.”
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