Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative is a commonly used form within Minnesota. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative:

• This form pertains to the State of Minnesota

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Minnesota’s Form PRO802 - Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Minnesota form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Minnesota probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form PRO802, take a break, and then review. Probate and estate settlement processes in MN are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form PRO802 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form PRO802 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Minnesota.

5 reasons you should submit PRO802 as quickly as possible:

1. The sooner you begin, the faster Minnesota can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Minnesota. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Minnesota is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Minnesota probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Minnesota probate clerk or court for exact answers regarding Form PRO802, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative is one of the many probate court forms available for download through Atticus.

It may also be available through some Minnesota probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Minnesota.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PRO802 - Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Minnesota probate court office.

Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Minnesota-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Minnesota Form PRO802 - Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative. You can use this to get an idea of the context of the form and what type of information is needed.

Application for Informal Probate with a Will PRO802 State ENG 5/19 www.mncourts.gov/forms Page 1 of 7 State of Minnesota District Court County of: Judicial District: Court File Number: Case Type: Probate Estate of: APPLICATION FOR INFORMAL PROBATE OF WILL AND FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE ___________________________________, Decedent (Deceased person) Information about the Applicant: 1. My name is My legal interest to the Decedent is: (Check all that apply)  Nominated Personal Representative  Spouse  Child  Other family member:  Devisee (beneficiary of the Will)  Heir  Creditor  Other: Information about the Decedent: 2. Decedent was born on _______________________ in the city of _____________________, and state of ___________________________. 3. Decedent died on ___________________________ in the city of _____________________, and state of ________________________. 4. At least 120 hours, but not more than 3 years (except as allowed by Minn. Stat. § 524.3-108) have passed, since Decedent’s death. 5. Domicile (address of legal residence) of Decedent at the time of death: Street Address: City, State, and Zip Code: County: 6. Did Decedent live in MN at the time of death?  Yes  No Application for Informal Probate with a Will PRO802 State ENG 5/19 www.mncourts.gov/forms Page 2 of 7 If No, did Decedent own property in MN at the time of death?  Yes  No If Yes, what county? _______________________________________ 7. Decedent’s assets and indebtedness, to the best of my knowledge, at the time of death are as follows: Probate Assets Homestead $ Other Real Estate $ Cash $ Securities $ Other $ Non-Probate Assets (for example: joint accounts, beneficiaries, trusts, etc.) Joint Tenancy $ Insurance $ Other $ Approximate Indebtedness (See Instructions) $ Information about the Will and Personal Representative: 8. The Decedent left: (check all that apply; identify where each checked document can be found) Document: Located: ☐ A Will dated ____________ ☐ Filed with this Application ☐ In possession of the Court ☐ Probated elsewhere* ☐ Codicil(s) (amendments) dated ____________ ☐ Filed with this Application ☐ In possession of the Court ☐ Probated elsewhere* ☐ Separate writing(s) gifting personal property under Minn. Stat. § 524.2 -513 dated ____________ ☐ Filed with this Application ☐ In possession of the Court ☐ Probated elsewhere* ☐ A separate writing referred to in the Will, but not found or attached to the Will ☐ Filed with this Application ☐ In possession of the Court ☐ Probated elsewhere* *If probated somewhere else, then I have included an authenticated copy of the Will and statement or order probating the Will with this Application. Application for Informal Probate with a Will PRO802 State ENG 5/19 www.mncourts.gov/forms Page 3 of 7 9. There is no Personal Representative of the Decedent appointed in Minnesota or elsewhere whose appointment has not been terminated. 10. To the best of my knowledge and belief, these documents have been validly executed. 11. After a reasonable diligent search, I am unaware of any document revoking the Will, and I believe this is the last Will of Decedent. 12. The Will nominates as Personal Representative.  The nominated Personal Representative is willing to serve and is not disqualified. OR  The nominated Personal Representative is unable or has declined to serve. has priority to serve as Personal Representative because: (interest to Decedent), and is willing to serve and is not disqualified. 13. The Will states: ☐ No bond ☐ Minimum bond ☐ $ ________ bond ☐ Unspecified 14. The Will also states: ☐ Informal / unsupervised administration ☐ Supervised administration (if so, STOP; you will need to file for formal probate instead) ☐ Administration not specified 15. 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. Information about Decedent’s Family and/or Interested Persons (if any): 16. Check all that apply: Carefully read through the Instructions for definitions and examples of who needs to be included as an interested party below. Not including all interested persons may delay the probate. Application for Informal Probate with a Will PRO802 State ENG 5/19 www.mncourts.gov/forms Page 4 of 7 ☐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. 17.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 are: Name and Mailing Address Familial Relationship AND Legal Interest (check all that apply) Birth Date of Minors; Date of Death if deceased Heir or Devisee Spouse Child (minor or adult) Other family member: ________________ (relation) Devisee (beneficiary of the Will) Heir (next of kin who would inherit without a Will) Nominated Personal Representative Creditor  Other:________________________ Child (minor or adult) Other family member: ________________ (relation) Devisee (beneficiary of the Will) Heir (next of kin who would inherit without a Will) Nominated Personal Representative Creditor Other: _______________________ Use another sheet of paper if you need more space for # 17. Application for Informal Probate with a Will PRO802 State ENG 5/19 www.mncourts.gov/forms Page 5 of 7 18. Have all interested persons listed as heirs lived longer than at least 120 hours after Decedent’s date of death?  Yes  No If No, list the name of the heir: 19. 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 in # 17. (2) ☐ If Decedent has a living spouse, I have listed the spouse in # 17. (3) ☐ If Decedent has children, I have listed them all at # 17 (this includes adopted children but not step-children). (4) ☐ If Decedent has deceased children, I have listed all of the deceased child’s children at # 17 . STOP: If boxes (3) or (4) are checked:  You do not have to continue, but  Be sure all names are listed as interested persons in # 17. If boxes (3) or (4) are 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 (nieces, nephews, grandnieces, grandnephews, etc.) STOP: If box (5) is checked:  You do not have to continue, but  Be sure all names are listed as interested persons in # 17. Application for Informal Probate with a Will PRO802 State ENG 5/19 www.mncourts.gov/forms Page 6 of 7 If box (5) is not checked, move to box (6). (6) ☐ If Decedent’s parents have no descendants, I have listed Decedent’s grandparents (both maternal and paternal) in # 17. (7) Maternal Grandparents a. ☐ If both of Decedent’s maternal grandparents are deceased, I have listed Decedent’s mother’s siblings (Aunts and Uncles). b. ☐ If Decedent’s mother has deceased siblings, I have listed all of her deceased sibling’s children (1 st cousins). c. ☐ If Decedent has no living maternal cousins, I have listed the surviving children of cousins. (8) Paternal Grandparents a. ☐ If both of Decedent’s paternal grandparents are deceased, I have listed Decedent’s father’s siblings (Aunts and Uncles). b. ☐ If Decedent’s father has deceased siblings, I have listed all of his deceased sibling’s children (1 st cousins). c. ☐ If Decedent has no living paternal cousins, I have listed the surviving children of cousins. STOP: If any box in (6) through (8) are checked, be sure all names are listed as interested persons in # 17. Attach a family tree to this Application. (9) ☐ Other (attach family tree and list names as interested persons in # 17). Other than specifically listed above, there are no other people who are heirs or devisees. Based on the above, I ask the Registrar to: 1. Enter a statement for informal probate of the Will; Application for Informal Probate with a Will PRO802 State ENG 5/19 www.mncourts.gov/forms Page 7 of 7 2. Enter an order appointing as Personal Representative of the Estate, with $ bond, in an unsupervised administration; 3. Issue Letters Testamentary to ; and 4. Grant such other relief as may be proper. I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116. Dated Signature of Applicant Name: Address: County and state where signed City/State/Zip: Telephone: Email:  Attorney for Personal Representative: OR  Self-Represented: Name: Firm: Address: Attorney License No.: Email: Telephone: