Everything you need to know about Minnesota Form PRO1301, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related MN probate forms.
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.
Instructions - Closing A Formal Probate Case 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:
MN Form PRO1301, which may also referred to as Instructions - Closing A Formal Probate Case, is a probate form in Minnesota. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions - Closing A Formal Probate Case:
This form pertains to the State of Minnesota
The official Minnesota source for this form is here.
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 ’s Form PRO1301 - Instructions - Closing A Formal Probate Case up to date, certain details can change from time-to-time with little or no communication.
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.
Fill out all relevant fields in Form PRO1301, 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 PRO1301 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).
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.
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.
Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?
👉 Find and Contact your Local Probate Court
👉 What is a Domicile Jurisdiction?
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.
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?
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.
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.
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.
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 PRO1301, and when in doubt— consult a qualified trust & estates lawyer for that area.
Instructions - Closing A Formal Probate Case 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 PRO1301 - Instructions - Closing A Formal Probate Case 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.
Instructions - Closing A Formal Probate Case 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.
MN Form PRO1301, which may also referred to as Instructions - Closing A Formal Probate Case, is a probate form in Minnesota. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.
Form PRO1301 - Instructions - Closing A Formal Probate Case is a probate form in Minnesota.
Minnesota has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Minnesota.
During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.
Probate in Minnesota, especially without guidance, can take years to finish and cost upwards of $14,000.
What is probate, exactly?
Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).
All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate.
To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate.
Where can I get help with Probate?
The best place? Create an account in Atticus to start getting estate-specific advice.
You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make the best decisions (plus you can write it off as an executor expense).
We’ve also created a list of other probate services. Be sure to check it out!
What does a MN executor or personal representative have to do?
An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone.
The executor is responsible for the complete management of the probate process, including major responsibilities such as:
Creating an inventory of all probate assets.
Filling out all necessary forms
Paying off all estate debts and taxes
Submitting reports to the court and beneficiaries as requested
And much more. This process often stretches longer than a year.
For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding.
Here’s the text, verbatim, that is found on Minnesota Form PRO1301 - Instructions - Closing A Formal Probate Case. You can use this to get an idea of the context of the form and what type of information is needed.
Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 1 of 16 Helpful materials may be found at your public county law library. For a directory, see http://mn.gov/law- library/research-links/county-law-libraries.jsp . For more information, contact your court administrator or call the Minnesota State Law Library at 651-297-7651. INSTRUCTIONS Closing a Formal Probate Case Forms you may need to close your Formal Probate case: • Inventory (PRO912); • Final Account and Proposal for Distribution (PRO913); • Petition to Allow Final Account, Settle and Distribute Estate (PRO1302); • Affidavit of Service for Closing Formal Probate (PRO1303). Important Notices and Resources The Court has forms and instructions, for some types of cases, as a general guide to the court process. These instructions explain the steps in more detail and answer common questions, but are not a full guide to the law. Court employees may be able to give general information on court rules and procedures, but they cannot give legal advice. Have a question about court forms or instructions? • Visit www.MNCourts.gov/SelfHelp • Call the MN Courts Self Help Center at (651) 435-6535 Not sure what to do about a legal issue or need advice? • Talk with a lawyer • Visit http://mncourts.gov/Help-Topics/Find-a-Lawyer.aspx Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 2 of 16 Visit the Probate, Wills, and Estates Help Topic for more detailed information about probate, the difference between informal and formal probate, and read some Frequently Asked Questions (FAQs) about the process. As you are administering the estate, make sure you are keeping track of all of the assets and expenses of the estate and categorize them to put into the Final Account. Look ahead to the Final Account forms to see what categories to keep track of. If you are not sure how to administer the estate or whether the estate is ready to be closed, you should talk with an attorney. The information in these Instructions is not meant to be legal advice, but is a general guide to explain the legal process and steps for filing a Petition to Allow Final Account, Settle and Distribute Estate. If you do not understand any of these procedures, talk to an attorney. Court staff cannot give legal advice. You can use these forms to close the estate if: • You are the personal representative. • The estate is going through formal probate. • You have finished administering the estate. • More than four months have passed since the Notice to Creditors was published. For formal probate cases with a Will, this notice is called the Notice and Order for Hearing on Petition for Formal Probate of Will and Appointment of Personal Representative and Notice to Creditors. For formal probate cases without a Will, this notice is called the Notice and Order for Hearing on Petition for Formal Adjudication of Intestacy, Determination of Heirs, and Appointment of Personal Representative and Notice to Creditors. Step 1 Fill Out the Inventory (PRO912) What is the Name of the Form? Inventory (PRO912) General Information About Formal Probate Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 3 of 16 According to Minn. Stat. § 524.3-706 (https://www.revisor.mn.gov/statutes/cite/524.3-706), an inventory is a detailed list of property the decedent owned at the time of death. It includes what each item is worth and any debt against each item (such as a mortgage or other loan against property). Who Fills It Out? You (the Personal Representative)* *Unless you are a Special Administrator or are a Successor Personal Representative (after someone before you has been discharged as a personal representative) When? Within 6 months of being appointed as the Personal Representative OR Within 9 months of the death of the decedent (whichever is later) Then What? You (the Personal Representative) must mail or deliver a copy of the Inventory: • To the surviving spouse (if there is one); • To all residuary distributees; and • To interested persons or creditors who ask for the Inventory. Does It Go to the Court? Yes, for supervised administrations. For unsupervised administrations, filing the Inventory with the Court is not required, but it is good practice. The rest of Step 1 describes how to fill out the Inventory. The Caption The caption is at the top of page 1. Print or type the following information: A. The county where the Probate case was filed. B. The judicial district number (each county is located in one of ten judicial districts: http://www.mncourts.gov/Find-Courts.aspx), and the court file number (this usually Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 4 of 16 starts with a two-digit number, followed by letters and numbers. For example, 15-PR -17- 0001). C. The full name of the decedent (person who died). After the caption, write your print or type your name as the Personal Representative. Before you can fill in the information on page 1 (the “Summary” section), you need to fill out all of the Attachments (A through E). For now, skip to Attachment A: Real Estate (on approximately page 3 of the Inventory). When completing Attachments A-E below, all values should be reported as of the date of Decedent’s death. Do not list any non-probate property. Non-probate property is any assets of the Decedent that can be transferred to a new owner without going through the probate process. For example: • Real property held as joint tenants with right of survivorship; • Bank or brokerage accounts that are held jointly or with a payable-on-death beneficiary designation to a surviving person; • Investment or retirement accounts or insurance policies that have a designated beneficiary other than the person who died, provided that beneficiary survived the person who died; • Property held in a trust. If you are not sure whether an asset would be considered a probate or non-probate asset, it is a good idea to talk to an attorney. Attachment A: Real Estate You must fill out “Attachment A” even if the Decedent did not own any real estate in Minnesota. Do not list real estate that is located outside Minnesota in Attachment A. At the top of Attachment A, print or type the name of the Decedent. Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 5 of 16 1. State how many pieces of Minnesota real estate were owned by the person who died at the time of their death. 2. Start by listing information about the homestead property (if there is one) of the person who died. a. In the Description of Property column, include the county, formal legal description, AND the street address of the homestead property. If the property is rural, include the acreage as well. b. List the County Assessor’s market value for the homestead property. You can get this information from the County Assessor’s Office in the county where the property is located. c. List the fair market value for the homestead property. Fair market value is the amount that the property would sell for on the open market, and it may or may not be the same as the County Assessor’s market value. Another method for trying to figure out the fair market value would be to get an appraisal done for the property. If you are not sure how to calculate the fair market value, it is a good idea to talk to an attorney. 3. Repeat for all other real estate in Minnesota. If the person who died owned more than three pieces of Minnesota real estate when they died, you can attach extra sheets of paper. 1 2 a b c 3 Be sure to copy the full formal legal description exactly as it appears on the Deed, Contract for Deed, or Certificate of Title on file with the office of the County Recorder or Registrar of Titles in the county where the property is located. An online description or a tax statement may not contain the full legal description. Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 6 of 16 Contracts for Deed: If the person who died owned a Vendor/Seller’s interest, describe the property on Attachment A, value it at zero, and show the remaining contract balance on Attachment C. If the person who died owned a Vendee/Buyer’s interest, describe the property on Attachment A valuing it at its fair market value. 4. Add up the fair market value for all of the real estate listed (including those listed on extra sheets of paper if there are more than 3 properties) and write in the total value. Attachment B: Stocks, Bonds, and Other Securities 5. Print or type the name of the Decedent. 6. Description of Property. Separately list and number any bonds, stocks, or other securities owned by the person who died. Describe each item, including the face value of bonds, the number of shares of stock, stock certificate numbers, and CUSIP numbers (a unique nine- character identification number assigned to all stocks and registered bonds in the U.S. and Canada), if they are available. a. Number of Units. Include the number of units (shares of stock). b. Fair Market Value of Each Unit. Include the value of each unit (for example, how much an individual stock is worth) as of the date of death. c. Total Fair Market Value. Calculate the total fair market value for each (number of units owned X the value of each unit). 4 5 6 a b c 7 Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 7 of 16 7. Add up the fair market value for all of the stock, bonds, and securities you listed and write in the total value. Attachment C: Bank Accounts, Cash, and Money Owed to the Estate 8. Print or type the Decedent’s name at the top of the page. 9. Separately list and number all of the bank accounts, mortgages owed to the person who died, Contracts for Deed that the person who died had a Vendor/Seller’s interest in, notes (money owed to the person who died in writing), and cash held by the person who died. Describe each item, including the name of the bank. Do not include account numbers—use Form CON111 (Form 11.1) to list the bank name, account holder name, and account number. CON111 is available online at http://mncourts.gov/GetForms.aspx?c=11&f=30. Mortgages: Only list mortgages that were owned as assets (mortgages that were owed to the person who died). Do not list mortgages that the person who died owed to someone else or mortgages secured by property in the estate (these are debts that will instead be listed on Attachment E). Contracts for Deed: List any Vendor/Seller’s interest that the person who died had in a Contract for Deed. Also include the date of the contract, the name of the Vendee/Buyer, the interest rate and unpaid balance at the time of death), and the accrued interest, if there was any. Do not list any Contracts for Deed where the person who died was the Vendee/Buyer. 10. Write in the total fair market value for each piece of property listed. 11. Add up the fair market value for all bank accounts, mortgages, Contracts for Deed, notes, and cash you listed and write in the total value. Attachment D: Other Personal Property 8 9 10 11 Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 8 of 16 12. Print or type the Decedent’s name at the top of the page. 13. Separately list and number any other personal property owned by the person who died that was not reported on Attachments A-C. Examples of personal property include, but are not limited to: refunds, clothing, household goods, automobiles, furniture, business interests, and insurance payable to the estate. Where appropriate, include the location of the property. Write the value of each unit in the description section. 14. Include the total fair market value for each (the unit value X how many units were owned). If the asset has no monetary value, write that instead. 15. Add up the fair market value for all of the personal property you listed and include the total value. Attachment E: Mortgages, Liens, and Money the Estate Owes to Others 16. Print or type the Decedent’s name at the top of the page. 17. Separately list any mortgages and/or liens secured by property in the Estate (debts that were owed by the person who died to someone else). Include details such: a. The names of the parties (the person who died and the party they owed money); b. The payment terms; and c. Any other relevant information. 12 13 14 15 16 17 18 Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 9 of 16 Secured Property Listed In Other Attachments. Include the Attachment and Item Number of the secured property from the other attachment where you listed it earlier. For example, if the Decedent owed a mortgage on their homestead property, the homestead should have been listed on Attachment A, Item Number 1. 18. For each item listed in the first column, include the amount owed in the second column. Mortgages. Include the remaining balance of any mortgages where the Decedent was the mortgage debtor. Contracts for Deed. Include the remaining balance of any Contracts for Deed in which the person who died was the Vendee/Buyer. Interest and Taxes. Include any interest and taxes that were due at the date of death. 19. Add up the amounts for all of the mortgages, liens, and money the Estate owes to others and include that amount in the “total” section at the bottom of Attachment E. Summary (Page 1 of the Inventory) Now that you have filled out Attachments A – E, you can fill out the “Summary” section, which starts on page 1. 20. Use the Attachments to fill out the Summary of Assets/Value section. a. Fill in the total from the bottom of Attachment A. 19 20 a f e d c b g Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 10 of 16 b. Fill in the total from the bottom of Attachment B. c. Fill in the total from the bottom of Attachment C. d. Fill in the total from the bottom of Attachment D. e. Add these 4 amounts together; this is the SUBTOTAL. f. Fill in the total from the bottom of Attachment E. g. Subtract the total from Attachment E from the SUBTOTAL amount. This is the TOTAL value of the Estate’s assets. 21. Step 2 of these instructions describe mailing in more detail. 22. Date and sign the Inventory form. When you sign the Inventory, you are signing under penalty of perjury. This means you are saying that everything in the form is true and correct; if you know something in the form is not true when you sign it, you could be found guilty of the crime of perjury (see Minn. Stat. § 609.48, https://www.revisor.mn.gov/statutes/?id=609.48 ). 23. If you are not represented by an attorney, check the box for “Self- Represented.” Print your name, address, email, and phone number. Step 2 Make Copies of the Inventory (PRO912) 21 22 23 Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 11 of 16 Deliver Copies to Interested Persons Make enough copies of the completed Inventory and all attachments for your records and for each of the following: • Surviving spouse (if any) of the Decendent; • All residuary distributees; and • Interested persons and creditors that have asked for a copy of the Inventory; • The court (mandatory for supervised administrations, optional for unsupervised administrations). You do not need to have someone else deliver these forms—you can be the one to deliver them. After they have been delivered, fill out an Affidavit of Service (PRO1303). While you are not required to file the Affidavit of Service (your proof of service) with the court, you may need to prove later that the interested parties each got copies if it becomes an issue. Because of this, it is good to have a completed Affidavit of Service. Step 3 Administer the Estate Complete the steps to administer the estate of the Decedent. For more information about these duties, see Responsibilities of Personal Representative (PRO908). If you have questions about how to administer the estate, it is a good idea to talk to an attorney. Step 4 Fill Out the Final Account and Proposal for Distribution Form (PRO913) The Final Account must be completed and mailed within one year after the appointment of the personal representative (unless there are extraordinary circumstances). Filing the completed Final Account with the court is not required, but is a good practice. If an expense has been paid for using non-probate assets and no one is asking for reimbursement, do not include specific numbers for this expense. Instead, note that it was paid out of non-probate assets. The Caption If there is not enough money to pay all of the creditors in full, do not pay anything until you receive court approval of the payment plan. Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 12 of 16 A. Fill out the caption the same way as you did in the Inventory. B. Check a box to say whether the Final Account you are completing is the original (the first Final Account), an Amended Final Account, or a Supplemental Final Account. C. Write in your name as the personal representative. Complete the rest of the Final Account form: 1. Fill in the total amounts you calculated from Attachments A-E in the Inventory. Attachments A-D should be listed in the Incoming column, and Attachment E should be listed in the Outgoing column. Add up the values of Attachments A-D (assets), subtract Attachment E (debts) from that amount, and write in the total. 2. To fill out the information in this section, Attachment A: Increases needs to be completed first. The numbers from the attachment are what are used to fill in the boxes in this section. This can include: • any assets that were not entered on the Inventory; • advances to the estate; • interest; • dividends; • dividend reinvestment; • refunds; • any gain on the sale of property; and • any change in value since the Inventory. On Attachment A: Increases, list an item number, description, and value for each type of increase. Add the values for each type of increase and write the totals in the separate boxes. 3. Your totals from Attachment A: Increases need to be included in the Summary of Increases to the Estate box. Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 13 of 16 4. Add the total net assets at the date of death from the Inventory to the total increases to the estate and write in the new total. 5. Skip down to Attachment B and write in a description and the value of any decreases that may apply. This can include: • loss on the sale of property; • closing costs from the sale of property; • family maintenance and statutory selections made under Minn. Stat. § 524.2-403 and Minn. Stat. § 524.2-404; • attorney’s fees and expenses; • personal representative’s fees and expenses; • funeral expenses; • expenses of last illness; • taxes (for example, real estate taxes, federal and state income taxes of the person who died, fiduciary income taxes, and estate taxes); • payments made on mortgages, contracts for deed, or other liens; • other claims allowed and paid; • interim distributions to devisees (people named in a Will to receive property) and heirs (people who are entitled under MN law to a share of the property of someone who died without a Will); • repayment of advances (for example, estate expenses that were personally paid by an individual); • expenses of maintaining real estate; • expenses of administration of the estate (for example, filing fees for opening the probate case, fees for publishing the notice to creditors, bond premiums, or appraisal fees); and • any other miscellaneous decreases. Add the values for each type of decrease and write the totals in the separate boxes. 6. Write the totals for each individual type of decrease from Attachment B into the box, then add them up and write in the total amount of all the decreases to the estate. 7. Skip down to Attachment C and write in a description and the value of any assets on hand for distribution that may apply. This can include: • personal property such as stocks, bonds, mortgages or Contracts for Deed owed to the person who died, notes, or cash on hand; and • real estate, including any homestead and other real estate. Write the totals for each individual type of decrease from Attachment C into the box, then add them up and write in the total amount of all the assets on hand for distribution. 8. Add the total decreases to the estate to the total assets on hand for distribution and write in the new total. Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 14 of 16 9. Add the totals for each category from the previous section into the summary box. The totals from each column must match (balance). If it does not balance, review the earlier sections of the form and attachments for errors. 10. Skip down to Attachment D and write in a description and the amount of any claims made by creditors that were allowed by the personal representative but were not paid out of the estate. Add these values and write in the total. 11. Sign the Final Account form, and print your phone number, date of birth, and e-mail address in the blanks next to the signature line. When you sign the Final Account, you are signing under penalty of perjury. Step 5 Make Copies of the Final Account Form (PRO913) Deliver to Interested Persons Make enough copies of the completed Final Account and all attachments for your records and for each of the following: • Surviving spouse (if any) of the Decedent; • All residuary distributees; and • Interested persons and creditors that have asked for a copy of the Inventory; • The court (mandatory for supervised administrations, optional for unsupervised administrations). You do not need to have someone else deliver these forms—you can be the one to deliver them. After they have been delivered, fill out an Affidavit of Service (PRO1303). While you are not required to file the Affidavit of Service (your proof of service) with the court, you may need to prove later that the interested parties each got copies if it becomes an issue. Because of this, it is good to have a completed Affidavit of Service and to file it with the court. Step 6 (If required) Fill Out Petition to Allow Final Account, Settle and Distribute Estate (PRO1302) The Petition to Allow Final Account, Settle, and Distribute Estate is required for supervised and/or insolvent estates (not enough money in the estate to pay all of the creditors in full). While it is not required for unsupervised administrations, you may choose to file the petition if you Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 15 of 16 want an order or decree from the court. If you are not sure whether to file this petition, it is a good idea to speak with an attorney. If you choose not to file this petition, skip to Step 7. The Caption Fill out the caption like you have done in other probate forms. The Statement 1. Write in your name as the personal representative. 2. List out any claims made by creditors, other expenses, or taxes owed by the estate that were not paid and have not been discharged (for example, forgiven by or settled with the creditor). If nothing is currently still owed by the estate, you must check the box for no outstanding debts. If there are debts, list them and describe any arrangements that have been made to pay or otherwise take care of them. Section 4C: The Signature Sign the Petition to Allow Final Account, Settle, and Distribute Estate form, and print your phone number, date of birth, and e-mail address in the blanks next to the signature line. When you sign the Petition, you are signing under penalty of perjury. Make copies of the completed Petition to Allow Final Account, Settle, and Distribute Estate and mail one to all of the demandants, unpaid creditors, and distributees in the case. Keep a copy of each of these forms for your records. You do not need to have someone else mail these forms—you can be the one to mail them. After they have been mailed, complete an Affidavit of Service (PRO1303). While you are not required to file your proof of service with the court, you may need to prove that the interested parties each got copies at a later time if it becomes an issue. Because of this, it is good to have a completed Affidavit of Service and to file it with the court. Step 7 Distribute Assets and fill out Receipt for Assets by Distributee (PRO916) Instructions – Closing a Formal Probate Case PRO1301 State ENG 11/20 www.mncourts.gov/forms Page 16 of 16 Once the Final Account is complete and you have identified the amount each distributee should get, you must distribute assets. A Receipt for Assets by Distributee (PRO916) should be filled out for each distributee. 1. Fill out caption of PRO916. 2. Fill out description of distributed assets in 1. 3. Mail or hand-deliver PRO916 to each distributee with instructions to return after signing and dating the form. 4. Keep for your records, or if you wish, you may file with the court. Step 8: Closing the Estate If you received an order allowing the Final Account and all Receipt for Assets by Distributee forms, you may be required to file a Petition for Discharge of Personal Representative. If the petition is approved, the judge will issue an order discharging the Personal Representative and their bond, if any. While it is not required, if you did not already receive an order or decree allowing the final account, you are encouraged to file the Unsupervised Personal Representative’s Statement to Close Estate, Inventory, and Final Account forms into the case. The document(s) can be filed in person, by mail, or electronically. There is no filing fee for filing these forms. Your appointment as personal representative will automatically terminate one year after the Unsupervised Personal Representative’s Statement to Close Estate is filed with the court, as long as no issues have arisen with the court at that time. If you find additional assets after your appointment has been terminated, you will need to petition to be appointed as a successor personal representative. For supervised administrations, do not distribute any of the assets of the estate until you have a court order allowing the distribution.