Minnesota Statutes

Minn. Stat. § 549.14 (2026)

Chargeable On Estate Or Fund

✓ current as of May 2026

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In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or person expressly authorized by statute, costs and disbursements may be recovered as in an action by and against a person prosecuting or defending in the person's own right. The same shall be made chargeable only upon the estate, fund, or party represented, unless the court shall direct the same to be paid by the plaintiff or defendant personally, for mismanagement or bad faith in the action; but no costs or disbursements are recoverable against an executor or administrator unless it appears that the demand was first presented to the executor or administrator, verified by oath, and payment demanded.

Notes of Decisions

Cited in 2 cases, 1993–2017 · leading case: James Ariola, as next of kin of, & Tr. for, the Est. of Jack Ariola Erenberg, his son, & the Class of Beneficiaries, Pursuant to Minn. Stat. 573.02 v. The City of Stillwater, Minnesota, 889 N.W.2d 340 (Minn. Ct. App. 2017).

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James Ariola, as next of kin of, & Tr. for, the Est. of Jack Ariola Erenberg, his son, & the Class of Beneficiaries, Pursuant to Minn. Stat. 573.02 v. The City of Stillwater, Minnesota, 889 N.W.2d 340 (Minn. Ct. App. 2017). · cites it 10× “Third, the district court made no finding of mismanagement or bad faith by Ariola under Minn. Stat. § 549.14 (2016). Thus, we reverse the district court’s judgment of costs and disbursements against Ariola personally and remand to the district court for further proceedings…”

Matter of Trust Created by Hill, 499 N.W.2d 475 (Minn. Ct. App. 1993). · cites it 2× “Minn.Stat. § 549.14 (1990). A trustee is entitled to reasonable attorney fees incurred in good faith in defending its administration of the trust instructions, defending a proceeding for the benefit of the trust, and defending a beneficiary’s challenge to the trust’s…”

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