Subdivision 1. Request hearing. A person in interest may request a hearing in the following circumstances:
(1) if an absentee is absent from the domicile without being in communication after being exposed to a specific peril and a diligent search has been made; or
(2) if an absentee has been absent from the domicile for a period of four consecutive years or more without being in communication and a diligent search has been made; or
(3) if unforeseeable or changing circumstances necessitate court authorization for action in respect to the management or disposition of the absentee's business or property.
Subd. 2. Petition. The person requesting the hearing shall file a petition stating name, address, relationship to the absentee, and the specific grounds for the hearing requested.
Subd. 3. Notification. Upon the filing of the petition, the court shall notify all proper persons in interest of the date, time and place of the hearing.
Subd. 4. Service of notice. The notice shall in all cases be served as follows:
(1) by publication in the county in which the petition is filed once in each of three successive weeks, in a newspaper designated by the court; and
(2) upon all persons in interest by ordinary mail.
Subd. 5. Order; death of absentee. The court, if satisfied by the evidence adduced at a hearing in support of a petition alleging the absentee is missing after being exposed to a specific peril or that an absentee has been absent for four or more consecutive years, shall enter an order establishing as a matter of law the death of the absentee and the date thereof. The court shall order the distribution of the absentee's property to the persons and in the manner prescribed in chapters 524 and 525.
Subd. 6. Hearing. Upon a hearing brought pursuant to subdivision 1, clause (3), the court shall have full power to make orders appropriate to conserve the absentee's property or business or to protect the rights of the persons in interest.
1974 c 447 s 12; 1975 c 347 s 142; 1986 c 444; 2012 c 143 art 3 s 38
Structure Minnesota Statutes
Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds
Chapter 578 — Receivership; Absentees
Section 578.02 — Absentees; Possession, Management, And Disposition Of Property.
Section 578.03 — Warrant; Sheriff To Take Possession Of Property; Fees And Costs.
Section 578.04 — Notice Of Seizure; Appointment Of Receiver; Disposition Of Property.
Section 578.05 — Publication Of Notice.
Section 578.06 — Hearing By Court; Dismissal Of Proceeding; Appointment And Bond Of Receiver.
Section 578.07 — Transfer Of Property To Receiver.
Section 578.08 — Additional Property; Receiver To Take Possession.
Section 578.09 — Where No Corporeal Property; Receiver; Bond.
Section 578.10 — Care Of Property; Lease; Sale; Control Of Business.
Section 578.11 — Advance Life Insurance Payments To Absentee's Beneficiary.
Section 578.12 — Hearing By Court; Determination Of Right To Advance Life Insurance Payments.
Section 578.13 — Reappearance Of Absentee.
Section 578.14 — Use Of Proceeds.
Section 578.15 — Claims; Adjustment By Receiver.
Section 578.16 — Presumption Of Death From Absence.
Section 578.17 — Hearing By Court; Determination Of Death Of An Absentee.
Section 578.18 — Degree Of Burden Of Proof.
Section 578.19 — Dissolution Of Marriage.
Section 578.20 — Compensation Of Receiver; Title Of Absentee Lost After Four Years.