Completing a determination of descent petition is an easy process when you follow the right steps. This guide will help you proceed with your Minnesota court filing correctly.
Who can file a determination of descent?
Any relative of the person who died, or anyone with a legal interest in the estate, may file. A professional attorney is not required but is strongly recommended to ensure the entire process goes smoothly and the court accepts your documents.
What documents do you need?
Gather the following before you begin:
- Death certificate of the person who died
- Proof of your relationship or legal interest in the estate
- A complete list of all assets included in the estate
- Names and addresses of all known potential heirs
Step-by-step filing process
Follow these steps to file your petition:
- Complete the Petition for Determination of Descent. Use the form below to fill out your petition accurately.
- File with the district court. Submit the petition in the county where the person died. The court will set a hearing date.
- Notify interested parties. The court requires you to send notice of the hearing to all known potential heirs and any other interested parties.
- Attend the court hearing. Present your documents. If no objections arise, the court will issue a Decree of Descent.
What happens after the hearing?
If the court approves the petition, it issues a Decree of Descent. This decree has specific legal meaning: it formally transfers ownership of the entire estate to the designated parties. The decree is recorded with the county recorder for real estate assets.
If you need additional estate planning documents, explore our informal probate forms and small estate affidavit templates on FormsPal.