573.01 SURVIVAL OF CAUSES. A cause of action arising out of an injury to the person dies with the person of the party in whose favor it exists, except as provided in section 573.02. All other causes of action by one against another, whether arising on contract or not, survive to the personal representatives of […]
573.02 ACTION FOR DEATH BY WRONGFUL ACT; SURVIVAL OF ACTIONS. Subdivision 1. Death action. When death is caused by the wrongful act or omission of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain an action therefor if the decedent might have maintained an action, had the decedent lived, for […]
573.03 DEFAULT JUDGMENT; JUDGMENT NOT LIEN UPON REAL PROPERTY. When a judgment is taken against an executor or administrator upon failure to answer it shall not be deemed evidence of assets in hand unless the complaint alleged assets and was personally served on the executor or administrator. No judgment against any executor or administrator shall […]
573.04 EXECUTOR’S WRONG, TO WHOM LIABLE. No person shall be liable to an action, as executor of a wrong committed by that person, for having taken, received, or interfered with the property of a deceased person, but shall be responsible to the executor, or general or special administrator, of such decedent for the value of […]
573.05 ACTION BY FOREIGN EXECUTOR. Any foreign executor or administrator may commence and prosecute an action in this state, in a representative capacity, in the same manner and under the same restrictions as in case of a resident. Before commencing such action the foreigner shall file an authenticated copy of appointment as executor or administrator […]
573.06 NEXT OF KIN; LIABILITY FOR DEBTS; CONTRIBUTION. The next of kin of a deceased person are liable to an action by a creditor of the estate, to recover the distributive shares received by them out of such estate, or so much thereof as shall be necessary to satisfy the deceased person’s debt, which action […]
573.07 LEGATEES; WHEN LIABLE. Legatees are liable to an action by a creditor of the testator to recover the value of legacies received by them. Such action may be brought against all or any one or more of the legatees. The plaintiff cannot recover without showing: (1) that no assets were delivered by the executor […]
573.08 COSTS; JUDGMENT, WHEN DISCHARGED. If an action be brought against several next of kin jointly, or several legatees jointly, for assets delivered to them, and a recovery be had against them, the costs shall be apportioned among the several defendants in proportion to the amount of the damages recovered against each. In either case, […]
573.09 HEIRS AND DEVISEES; WHEN LIABLE. Heirs and devisees are liable to an action by a creditor of a deceased person to recover a debt, to the extent of the value of any real property inherited by or devised to them. If such action be against the heirs, all heirs who are liable shall be […]
573.10 APPORTIONMENT OF LIABILITY; CONTRIBUTION. When the heirs, devisees, or legatees have received real or personal estate, and are liable by law for any debts, such liability shall be in proportion to the estate they have, respectively, received, and a creditor may recover the creditor’s claim against a part or all of them to the […]
573.11 NEW PARTIES; ISSUES; APPORTIONMENT. If all the persons liable for the payment of any such debt shall not be included as defendants, the action shall not thereby be dismissed or barred; but the court may order any other parties brought in, and allow such amendments as may be necessary, on such terms as it […]
573.12 ESTATE OF DECEASED HEIRS, WHEN LIABLE. If any of the heirs, devisees, or legatees die without having paid a just share of the debts, the estate shall be liable therefor as for a personal debt, to the extent of liability if living. History: (9667) RL s 4513; 1986 c 444
573.13 CONTRIBUTION AMONG HEIRS. When any heir, devisee, or legatee pays more than a proportional share of such debt, the other persons liable shall be holden and compelled to contribute their just proportion of the same. History: (9668) RL s 4514; 1986 c 444
573.14 PRIORITY AMONG DEBTS. When the next of kin, legatees, heirs, and devisees are liable for the debts of their ancestor, or testator, they shall give preference in the payment of the same, and be liable therefor, in the following order: (1) debts entitled to a preference under the laws of the United States; (2) […]
573.15 NO PREFERENCE BETWEEN DEBTS OF SAME CLASS. No preference shall be given by any next of kin, legatee, heir, or devisee to one debt over another of the same class, except one specified in section 573.14, clause (2); nor shall a debt due and payable be entitled to a preference over one not due; […]
573.16 DEFENSES; OTHER DEBTS OUTSTANDING OR PAID. The next of kin, legatees, heirs, and devisees may show, in their defense, that there are unsatisfied debts of a prior class, or others of the same class as the debt in action; and if it shall appear that the value of the personal property delivered, or of […]
573.17 REAL PROPERTY DESCENDED; LIEN OF JUDGMENT. If it appears that the real property so descended was not alienated by the heir at the time of the commencement of the action, the court shall order that plaintiff’s debt, or the proportion thereof which the plaintiff is entitled to recover, be levied upon such real estate, […]
573.18 PERSONAL LIABILITY; ALIENATION BEFORE SUIT. If it appears in the action that before the commencement thereof the heir has aliened the real property descended to that heir, or any part thereof, that heir shall be personally liable for the value of that aliened; and judgment may be rendered therefor, and execution awarded, as in […]
573.19 HEIRS AND DEVISEES; LIMIT OF RECOVERY. In actions brought against several heirs or several devisees jointly, the amount of plaintiff’s recovery shall be apportioned among all the heirs of the ancestor, or all the devisees of the testator, in proportion to the value of the real property descended or devised, and such proportion only […]
573.20 DEVISEES, WHEN LIABLE; LIMITATIONS. Devisees made liable to creditors of their testator by the provisions of this chapter shall not be held liable unless it shall appear that the testator’s personal assets and the real property descended to the testator’s heirs were insufficient to discharge the debt, or that after due proceedings before the […]
