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In re Estate of Kotowski10/11/2005
enses of administration although the same may be barred under section 524.3-803[.]
Minn. Stat. § 524.3-715(18) (2004). Taken together, these provisions exempt from the timing requirements of Minn. Stat. § 524.3-803(b) claims by a personal representative for expenses arising from administration of the estate.
Minnesota caselaw has not expressly considered what constitutes "expenses of administration" under Minn. Stat. § 524.3-715(18). But we observe that, under the statutory scheme of the UPC, this provision relates exclusively to the powers of the personal representative. When other jurisdictions apply their versions of UPC § 3-715, the cases consistently involve claims by, or in the place of, the personal representative against the estate. See, e.g., In re Estate of Footer, 749 A.2d 146, 149-50 (Me. 2000) (claim by personal representative for payments on mobile home); In re Estate of Grillo, 393 So.2d 578, 579-80 (Fla. Dist. Ct. App. 1981) (claim by personal representative for costs in defense of wrongful-death action); see also Kerrigan & Line v. Foote, 558 N.W.2d 837, 840 (Neb. Ct. App. 1997) (holding that attorney who had performed services for personal representative was not bound by timing requirements under Nebraska variant of UPC § 3-803), aff'd sub nom. Kerrigan & Line v. Lange, (In re Estate of Wagner), 571 N.W.2d 76 (Neb. 1997).
We infer further constraints on the scope of Minn. Stat. § 524.3-715(18) from our decision in Cleys v. Cleys, 363 N.W.2d 65 (Minn. App. 1985). In Cleys, we concluded that, when a beneficiary failed to submit a timely claim against the estate for funeral expenses under section 524.3-803(b), the claim was barred. Id. at 72. Even though funeral expenses are included under section 524.3-715(18), we evaluated the timeliness of the beneficiary's claim under section 524.3-803(b). Id.
Similar reasoning guides our analysis here. The enumeration of a particular type of claim in section 524.3-715(18) does not indicate that any person may advance that type of claim under this provision. See id. (evaluating timeliness of claim for funeral expenses, by person other than personal representative, under section 524.3-803(b)). Rather, consistent with other jurisdictions' application of UPC § 3-715(18), we hold that "expenses of administration" under section 524.3-715(18) are limited to claims by or in the place of the personal representative. Because Becker was not acting in this capacity in her petition to remove the personal representative, her attorney fees cannot be characterized as expenses of administration.
The parties do not dispute that Becker's claim for attorney fees arose upon the removal of Fuller as personal representative, which was no later than August 19, 2002. Becker did not present a claim against the estate for these fees until October 10, 2003, well beyond the four-month time period required under Minn. Stat. § 524.3-803(b). The district court correctly concluded that Becker's claim for attorney fees was time-barred. Summary judgment in favor of the estate on this claim, therefore, was properly entered.
IV.
Becker last asserts that the district court abused its discretion by failing to permit, for good cause, the untimely filing of her claims. As to such late claims, Minn. Stat. § 524.3-803(c)(4)(ii) allows the district court to revive them "upon petition of . . . the claimant for cause shown on notice and hearing as the court may direct." The district court's denial of such a petition will not be disturbed on appeal absent an abuse of discretion. In re Estate of Hoppke, 388 N.W.2d 754, 755 (Minn. App. 1986).
A petition for a late claim may be granted in cases of "ha
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