Subdivision 1.Determination.

All property includable in the Minnesota gross estate of a decedent shall be valued in accordance with the provisions of sections 2031 or 2032 and, if applicable, 2032A, of the Internal Revenue Code and any elections made in valuing the federal gross estate shall be applicable in valuing the Minnesota gross estate. The value of all property includable in the Minnesota gross estate of a decedent may be independently determined under those sections for Minnesota estate tax purposes except:

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Terms Used In Minnesota Statutes 291.215

  • Appraisal: A determination of property value.
  • Decedent: A deceased person.
  • Federal gross estate: means the gross estate of a decedent as required to be valued and otherwise determined for federal estate tax purposes under the Internal Revenue Code, increased by the value of any property in which the decedent had a qualifying income interest for life and for which an election was made under section 291. See Minnesota Statutes 291.005
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Internal Revenue Code: means the United States Internal Revenue Code of 1986, as amended through May 1, 2023. See Minnesota Statutes 291.005
  • Minnesota gross estate: means the federal gross estate of a decedent after (a) excluding therefrom any property included in the estate which has its situs outside Minnesota, and (b) including any property omitted from the federal gross estate which is includable in the estate, has its situs in Minnesota, and was not disclosed to federal taxing authorities. See Minnesota Statutes 291.005
  • Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44

(1) as otherwise provided in section 291.075; or

(2) if the Internal Revenue Service, after receiving the estate’s federal estate tax return, either conducts a separate appraisal of an asset reported on the return or proposes a change in the reported valuation of an asset in the estate, in which case the federal final determination of the value controls.

Subd. 2.

[Repealed, 1990 c 480 art 1 s 45]

Subd. 3.

[Repealed, 1990 c 480 art 1 s 45]