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A bill for an act
relating to local government; modifying provisions governing disposition of
decedents' personal property by coroners and medical examiners; amending
Minnesota Statutes 2024, sections 390.225, subdivision 5; 525.393.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 390.225, subdivision 5, is amended to read:
Subd. 5.
Property of unknown decedents.
If the
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name
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identity
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of the decedent is not
known
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and the county is completing disposition of the decedent's remains in accordance
with section 390.21
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, the coroner or medical examiner
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shall release such property to the
county for disposal or sale. If the unknown decedent's identity is established and if a
representative shall qualify within six years from the time of such sale, the county
administrator, or a designee, shall pay the amount of the proceeds of the sale to the
representative on behalf of the estate upon order of the court. If no order is made within six
years, the proceeds of the sale shall become a part of the general revenue of the county
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may
place the decedent's personal property with the decedent for burial, arrange for long-term
storage of the decedent's personal property, or arrange for direct disposition of the decedent's
personal property in accordance with section 525.393
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.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 2.
Minnesota Statutes 2024, section 525.393, is amended to read:
525.393 DISPOSAL BY CORONER
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OR MEDICAL EXAMINER
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.
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When
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(a) A coroner or medical examiner must complete a full inventory of a decedent's
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personal property
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of a decedent has come into the
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taken into
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custody
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of any
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by the
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coroner
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and
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or medical examiner. For property that
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has not been surrendered
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as hereinafter provided
and no will has been admitted to probate or no administration has been had within three
months after the decedent's death, the coroner, after the expiration of said time, shall file in
the court an inventory of all such property and a fingerprint of each finger of each hand of
the decedent. Wearing apparel and such other property as the coroner determines to be of
nominal value, may be surrendered by the coroner to the spouse or to any blood relative of
the decedent. If no will is admitted to probate nor administration had within six months
after death, the coroner shall sell the same at public auction upon such notice and in such
manner as the court may direct. The coroner shall be allowed reasonable expenses for the
care and sale of the property, and shall deposit the net proceeds of such sale with the county
treasurer in the name of the decedent, if known. The treasurer shall give the coroner duplicate
receipts therefor, one of which the coroner shall file with the county auditor and the other
in the court. If a representative shall qualify within six years from the time of such deposit,
the treasurer shall pay the same to such representative
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in accordance with section 390.225
and for which no claim has been made within six months after the decedent's death, the
coroner or medical examiner may dispose of the property as described in paragraph (b)
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.
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(b) After expiration of the time period in paragraph (a), a coroner or medical examiner
must surrender the decedent's personal property to any known blood relative of the decedent
or to the person with the right to control disposition of the decedent's remains. If no blood
relative of the decedent or person with the right to control disposition of the decedent's
remains is identified by the date when the time period in paragraph (a) expires, the coroner
or medical examiner must dispose of the personal property of the decedent by either placing
the decedent's personal property with the decedent for burial, or selling the personal property
of the decedent in accordance with paragraph (c).
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(c) If the coroner or medical examiner sells the personal property of the decedent, revenue
from the sale of the personal property must first be used to pay for reasonable expenses
related to the storage and burial of the decedent's remains and the care and sale of the
personal property. Any money remaining after reasonable expenses have been paid must
be deposited in an account to be held for one year for future claims by a blood relative of
the decedent or a person with the right to control disposition of the decedent's remains. Any
money remaining in the account after the one year period has expired shall become a part
of the general revenue of the county.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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