Minnesota Petition for Determination of Descent (PRO1402)

At the top, fill in the County, Judicial District and Court File Number, and fill in the Decedent (Deceased person) after In Re the Estate of.

In Box 1, write your name, then check all that apply for your legal interest to the Decedent: Spouse, Child, Other family member, Devisee (beneficiary of the Will), Heir, Creditor or Other.

In Box 2, fill in: Decedent was born on, in the city of, and state of.

In Box 3, fill in: Decedent died on, which is more than three years ago, in the city of, and state of.

In Box 4, write the Domicile (address of legal residence) of Decedent at the time of death: Street Address, City, State, and Zip Code, and County.

In Box 5, check Yes or No: Did Decedent live in MN at the time of death? If No, check Yes or No: Did Decedent own property in MN at the time of death? If yes, what county?

In Box 6: I have made a reasonable, diligent search for any Will. Under The Decedent, check all that apply: Died intestate (without a Will) or Died testate (with a Will).

The Decedent's Will is made up of the following: A Will dated, Codicil(s) (amendments) dated, Separate writing(s) gifting personal property under Minn. Stat. § 524.2 -513 dated, or A separate writing referred to in Will but not found or attached to Will.

The original documents checked in Box 6 are: (check all that apply) Filed with this Petition; In possession of the Court; Have been mailed to the Court separately; Unavailable, but a copy of the Will is attached to the Statement of Contents of Lost, Destroyed or Otherwise Unavailable Will that accompanies this Petition; or Other. Probated elsewhere: an authenticated copy of the Will and statement or order probating the Will are filed with this Application.

After a reasonable diligent search, you are unaware of any document revoking the Will, and you believe this is the last Will of Decedent.

Box 7: There is no personal representative of the Decedent appointed in Minnesota or elsewhere whose appointment has not been terminated.

In Box 8, check one: I have not received a demand for notice and am not aware of any demand for notice of any probate or appointment proceeding concerning the Decedent that may have been filed in Minnesota or elsewhere, OR Proper notice has been given to those persons or entities who have filed a demand for notice.

Carefully read through the Instructions for definitions and examples of who needs to be included as an interested party. Not including all interested persons may delay the probate.

In Box 9, check all that apply. Decedent left no surviving spouse. Decedent left no surviving issue (generally, children by blood or adoption; for other examples, see Instructions or get legal advice). All issue of Decedent are issue of Decedent's surviving spouse. There are issue of Decedent that are not issue of the surviving spouse. There are issue of the surviving spouse who are not issue of the Decedent.

In Box 10, list the names and addresses of Decedent's spouse, children, heirs, devisees, and other persons interested in this proceeding so far as known or found with reasonable diligence by the Applicant, one name per box under Name and Mailing Address.

For each person, enter the Birth Date of Minor or the Date of Death if deceased Heir or Divisee, then check the Familial Relationship (Spouse, Child (minor or adult), Other family member with the relation) and the Legal Interest (Devisee (beneficiary of the Will), Heir (next of kin who would inherit without a Will), Nominated Personal Representative, Creditor, Other).

In Box 11, check Yes or No: Have all interested persons listed as heirs lived longer than at least 120 hours after Decedent's date of death? If No, list the name of the heir. Box 12: Statement specifically eliminating all heirs or devisees other than listed [see Minn. Gen. R. Prac. 408(a)]: start at (1) and check all boxes that apply moving down the list. Stop when directed.

The Decedent left: (1) I have listed all Devisees. (2) If Decedent has a living spouse, I have listed the spouse. (3) If Decedent has children, I have listed them all (this includes adopted children but not step-children). (4) If Decedent has deceased children, I have listed all of the deceased child's children. STOP: If boxes 3 or 4 are checked you do not have to continue. If not checked, move to box 5.

(5) If Decedent has no descendants, I have listed Decedent's parents. a. If Decedent has no living parents, I have listed all Decedent's siblings. b. If Decedent has deceased siblings, I have listed all the deceased siblings' descendants. STOP: If box 5 is checked you do not have to continue. If not checked, move to box 6.

(6) If Decedent's parents have no descendants, I have listed Decedent's grandparents (both maternal and paternal).

STOP: If any boxes 6-8 are checked, be sure all names of those included in boxes 6-8 are listed as interested persons in 18. Attach a family tree to this Application. (9) Other: attach family tree and list as interested persons in 18.

Box 13: More than three years have passed since the Decedent's death and there has been no probate proceeding or administration proceeding started in Minnesota.

Box 14: At the time of death, Decedent was the owner of certain property described and valued at the date of death as detailed in Attachments A and B. In Box 15, list the Name and the Proportion for each person to whom the property on hand for distribution should be distributed.

In Box 16, for the Decedent's property, check: Has already been claimed or occupied, according to the Will, by the devisee or the devisee's successors and assigns. Has already been claimed or occupied, according to the intestacy laws that were in place at the time of Decedent's death, by the heirs or successors and assigns. Was not claimed or occupied by anyone during the time period for testacy proceedings (three years).

In Box 17, check the box if the property described involves descent through multiple decedents.

Fill out Attachment A: Real Estate even if the Decedent did not own any real estate in Minnesota. Enter the number of pieces of real estate in Minnesota that are part of the Estate, and for each piece the Description of Property, Legal Description, County Assessor's Market Value and Fair Market Value.

In Attachment B: Personal Property, enter the Description of Property, the Number of Units (A), the Fair Market Value of Each Unit (B) and the Total Fair Market Value (A x B).

Enter the Attachment A: Real Estate Total and the Attachment B: Personal Property Total.

I ask the Court to schedule a hearing and enter an order formally: finding that venue is proper. Finding that the Decedent died more than three years ago. Determining Decedent's domicile at death. Determining Decedent's testacy status. Issuing a decree of distribution assigning the Estate to the persons entitled to the Estate. Granting such other relief as may be proper.

At 5, check Determining Decedent's heirs or Probating the valid and unrevoked Will of Decedent.

Under the declaration, Minn. Stat. § 358.116, that everything you have stated in this document is true and correct under penalty of perjury, fill in Dated, County and state where signed, the Signature of Petitioner, and Petitioner Name, Address, City/State/Zip, Telephone and Email.

For Attorney for Personal Representative, fill in Name, Firm, Address, Attorney License No., Email and Telephone.