Minnesota Probate Form PRO1401

Instructions - Petition For Determination Of Descent

Everything you need to know about Minnesota Form PRO1401, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related MN probate forms.

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About Instructions - Petition For Determination Of Descent

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 - Petition For Determination Of Descent 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:

View Form PRO1401

MN Form PRO1401, which may also referred to as Instructions - Petition For Determination Of Descent, is a probate form in Minnesota. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Atticus Fast Facts About Instructions - Petition For Determination Of Descent

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions - Petition For Determination Of Descent:

  • 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 PRO1401 - Instructions - Petition For Determination Of Descent up to date, certain details can change from time-to-time with little or no communication.

How to file Form PRO1401

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 PRO1401, 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 PRO1401 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 PRO1401 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 Instructions - Petition For Determination Of Descent 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.

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?

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When Instructions - Petition For Determination Of Descent is due

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 PRO1401 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 PRO1401, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form PRO1401 Online

Instructions - Petition For Determination Of Descent 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 PRO1401 - Instructions - Petition For Determination Of Descent 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 - Petition For Determination Of Descent 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.

View Form PRO1401

MN Form PRO1401, which may also referred to as Instructions - Petition For Determination Of Descent, is a probate form in Minnesota. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Did you know?

  • Form PRO1401 - Instructions - Petition For Determination Of Descent 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.

Frequently Asked Questions about Instructions - Petition For Determination Of Descent

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

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!

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
.

The Exact Text on Form PRO1401

Here’s the text, verbatim, that is found on Minnesota Form PRO1401 - Instructions - Petition For Determination Of Descent. You can use this to get an idea of the context of the form and what type of information is needed.

Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 1 of 21 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 Petition for Determination of Descent Forms you will need to start your determination of descent case: • Petition for Determination of Descent (PRO1402). 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 Statewide Self-Help Center at (651) 435-6535 Not sure what to do about a legal issue or need advice? • Talk with an attorney • Visit http://mncourts.gov/Help-Topics/Find-a-Lawyer.aspx Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 2 of 21 Visit the Probate, Wills, and Estates Help Topic (http://mncourts.gov/Help-Topics/Probate-Wills-and- Estates.aspx) for more detailed information about probate, definitions, and Frequently Asked Questions (FAQs) about the process. The process for determination of descent is used when: • The decedent has been dead for more than three years; • The decedent left real or personal property; and • The decedent’s estate has not already gone through probate in Minnesota or in any other state. Any interested person can file a Petition for Determination of Descent in Minnesota (see below for a definition of interested person). Potential heirs or beneficiaries of the estate are typically the ones who file to start this kind of case. If you are not sure whether your situation qualifies for determination of descent, talk to an attorney. Court staff cannot give legal advice. Definitions you may find helpful as you complete the forms: • Codicil – A legal document that is used to make changes to an existing Will. Generally, codicils add to or supplement a Will rather than replace a Will. • Decedent – The person who has died. • Demandant – A person who demands that they receive notice in a probate proceeding by filing a document called a Demand for Notice with the court. • Descendant or Issue – A blood or legally adopted relative directly descended from a person, including children, grandchildren, great-grandchildren, etc. • Devisee – Any person designated (named) in a Will to receive real estate or personal property. • Heir – A person who is entitled to the property of a person who died intestate. • Interested Person – A term that includes: o heirs of the decedent; o devisees of the decedent; o children of the decedent; o spouse of the decedent; o demandants of the decedent; o beneficiaries; o anyone with priority for appointment as a personal representative; General Information about Determination of Descent Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 3 of 21 o anyone else having a property right in or claim against the decedent’s estate that may be affected by a probate proceeding, or the fiduciary representing someone who does, such as a guardian, conservator, or trustee; and o other individuals as determined by the court. • Intestate – When a person has not made a valid Will before dying, they are said to have “died intestate.” • Personal Representative (nominated by the Will) – Formerly known in MN as the “executor,” a person who is appointed by the court in a probate case to administer the estate of a person who has died. Personal representatives are not needed and not appointed in determination of descent cases. • Separate writing gifting personal property – A document that lists what the testator wants to have happen to specific items of tangible personal property (other than cash, coin collections, or property used in a trade/business) that are not specifically addressed in the Will. • Testate – When a person has made a valid Will before dying, they are said to have “died testate.” • Will – A legal document describing how a person wants their property distributed after they have died. Information needed to complete the Petition: • The birth date and location of the person who died, as well as the death date and location. • The permanent residence address of the person who died at the time of their death. • The names and addresses of any spouse, children, heirs, and devisees of the person who died, as well as the names and addresses of any other interested parties. • An estimate of the value of any assets and debts of the person who died. • The original version or a photocopy of the Will (if available), codicil(s), and any separate writing(s) left by the person who died. • The county and judicial district number where case will be filed. The Caption The top part of the first page is where you will find the case caption. It looks like this: Step 1 Fill out Petition for Determination of Descent (PRO1402) Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 4 of 21 A. List the county where you will be filing your determination of descent case. Probate cases are typically filed in the county where the Decedent was living when they died, or if they were not a MN resident, in the MN county where they owned property. If you are not sure where you should file, please talk to an attorney. Court staff cannot tell you where to file your case. B. List the Judicial District. Each county belongs in one of ten judicial districts. If you do not know the Judicial District, you can find a map with all of the Judicial Districts at http://www.mncourts.gov/Find-Courts.aspx. C. Write in the full legal name of the person who died (first, middle, and last). Include all names the person may have been known by, especially if those names are listed on the Will, death certificate, or assets. Information about the Petitioner 1. Write your name as the person petitioning for determination of descent. Check all boxes that apply to describe your relationship to the person who died. Information about the Decedent 1 Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 5 of 21 2. Fill in the date and location of the birth of the person who died. 3. Fill in the date and location of the death of the person who died. 4. Fill in the street address, city, state, zip code, and county of the legal residence of the person who died at the time of their death. If you are not sure what would be considered the legal residence, you should speak with an attorney. 5. Check either “yes” or “no” to answer whether the person lived in MN when they died. If they did not live in MN, you should also check “yes” or “no” to answer whether the person owned property in MN when they died. If they did, list the county where the property was located. Information about the Will and the Personal Representative 5 4 3 2 Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 6 of 21 6. First, check a box to say whether the person who died did or did not have a Will. a. If there was a Will, f ill in the dates for any documents the person who died had and check all of the boxes that may apply. o A Will is a document describing what a person wants to happen to their property after they have died. o A codicil is a document that is used to make changes to an existing Will. Rather than replacing a Will with a whole new document, a codicil is an additional document used to explain or change an existing Will. o A separate writing gifting personal property is a document that lists what the testator wants to have happen to specific items of tangible personal property (other than cash, coin collections, or property used in a trade/business) that are not specifically addressed in the Will. Submit any and all of the originals of these documents that you may have. If you only have copies and not the original documents, you can submit these instead along with a Statement of Contents of Lost, Destroyed, or Otherwise Unavailable Will (PRO1206). b. Next, check the boxes that describe where the Will, codicil (if any), and separate writing (if any) can be found, checking all that may apply. 6 a b Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 7 of 21 8. Check a box to say whether you have received any demands for notice, and if you have, whether you have given proper notice to anyone who has filed a demand for notice. o A demand for notice is a document typically filed by a creditor (any person or business that is owed money or property by the estate) asking that they be given notice when a probate case is opened, when documents are filed into the case, and when orders are issued. o Check with the court to see whether any demands for notice have been filed. If any demands for notice have been filed, you must serve a Notice of Intent to File Document After Demand for Notice (PRO907) at least 14 days before filing the Petition with the court, and the demandants who submitted the forms must be listed as interested parties later in the Petition. Information about Decedent’s family and/or interested persons: 9. Check all of the boxes that apply to describe the family situation of the person who died. o Decedent left no surviving spouse: Check this box if the person who died was never married, was married but their spouse died first, or was divorced and was not remarried at the time they died. o Decedent left no surviving issue: Check this box if the person who died did not have any living issue at the time they died. “Issue” means direct lineal descendants, such as children, grandchildren, great-grandchildren, etc., whether by blood or by adoption. 8 9 Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 8 of 21 o All issue of Decedent are issue of Decedent’s surviving spouse: Check this box if the person who died never had children (by blood or adoption) with someone other than the spouse they were married to at the time they died, so that all children, grandchildren, great-grandchildren, etc. of the person who died are also related to the surviving spouse. o There are issue of Decedent that are not issue of the surviving spouse: Check this box if the person who died had children (by blood or adoption) with someone other than the spouse they were married to at the time they died, so that some of the children, grandchildren, great-grandchildren, etc. of the person who died are not related to the surviving spouse. o There are issue of the surviving spouse who are not issue of the Decedent: Check this box if the surviving spouse of the person who died ever had children (by blood or adoption) with someone other than the person who died, so that some of the children, grandchildren, great-grandchildren, etc. of the surviving spouse are not related to the person who died. 10. For this question, you will need to gather information about all of the interested parties for the probate case. For each interested party, you will need the party’s: o Full name o Mailing address o Relationship to the person who died o Legal interest in the probate case o Birth date (if the party is a minor) or date of death (if the party is deceased) 10 Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 9 of 21 List the spouse of the decedent first, if there is one. Repeat this for each interested party until all are listed. For the familial relationship and legal interest section, see pages 2 and 3 of these Instructions for definitions of devisee, heir, personal representative, and creditor. The “Other” section can be used to add relationships and interests that do not fit in the other boxes, including (but not limited to): o Attorney General – If the person who died included any charities as devisees, the attorney general is considered an interested person that must be listed. o Demandant – If any creditors have submitted a Demand for Notice, they are considered interested persons that must be listed. o Fiduciary – If a person is a guardian, conservator, attorney-in-fact, trustee, or personal representative for one of the other interested persons, that fiduciary must be listed. o Foreign Consulate – If the person who died or any of the heirs or devisees was born in a foreign country, the Consulate of that country is considered an interested person that must be listed. o Parent of a minor interested person – If one of the interested persons is a minor, the parent of that person must be listed. If you are not sure whether to list a person or entity as an interested person, or you are not sure whether you have included all of the interested persons, it is a good idea to get some legal advice. 11. Check a box to say whether all of the people you listed as heirs in Question #10 lived at least 120 hours longer than the date the Decedent died. If any of the heirs died during that time, list that person’s name. 11 Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 10 of 21 12. The answers you give to this question will create what is called a “negative allegation statement,” which specifically tells the court that there are no other heirs or devisees other than the ones listed in your Petition. Only check the boxes that apply to your situation. o (1) – Check this box to say that you have listed all of the devisees of the person who died. o (2) – Check this box to say that you have listed the spouse of the person who died, if they had a living spouse. o (3) – Check this box to say that you have listed all of the children of the person who died, including all adopted children, but not step-children. o (4) Check this box to say that if the person who died had any children that died before them, you have listed all of that deceased child’s children (grandchildren of the person who died that had the deceased child as a parent). If you checked box (3) and/or box (4), you do not need to continue with the rest of this question. If you did not check either of those boxes, continue to box (5). o (5) – Check this box to say that you have listed the parents of the person who died if the person who died had no descendants (blood relatives directly descended from them, including children, grandchildren, great-grandchildren, etc.) 12 Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 11 of 21 o (5)(a) – If the person who died had no living parents, check this box to say that you have listed all of the siblings of the person who died instead. o (5)(b) – This box is used if you checked (5)(a) to say that you listed all of the siblings of the person who died because they had no living parents, but one or more of these siblings has died. Check this box to say that you have listed all of the descendants of any deceased siblings (these would be nieces, nephews, grandnieces, grandnephews, etc. of the Decedent). If you checked box (5), you do not need to continue with the rest of this question. If you did not check box (5), continue to box (6). o (6) – Check this box to say that you have listed the grandparents (on both their mother’s side (maternal) and their father’s side (paternal)) of the person who died, if the person who died did not have any siblings. o (7) – Maternal Grandparents o (7)(a) – If neither of the Decedent’s maternal grandparents are living, check this box to say that you have listed the siblings of the Decedent’s mother (these would be aunts and uncles of the person who died). o (7)(b) – If any of the aunts or uncles listed in box (7)(a) have died, check this box to say that you have listed all of their children (these would be 1 st cousins of the Decedent). Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 12 of 21 o (7)(c) – If none of the 1 st cousins listed in (7)(b) are living, check this box to say that you have listed any living children of these 1 st cousins. o (8) – Paternal Grandparents o (8)(a) – If neither of the Decedent’s paternal grandparents are living, check this box to say that you have listed the siblings of the Decedent’s mother (these would be aunts and uncles of the person who died). o (8)(b) – If any of the aunts or uncles listed in box (8)(a) have died, check this box to say that you have listed all of their children (these would be 1 st cousins of the Decedent). o (8)(c) – If none of the 1 st cousins listed in (8)(b) are living, check this box to say that you have listed any living children of these 1 st cousins. If you checked any of the boxes for (6)-(8), you should make sure that all of the people you named are also listed as interested persons in question 10. You should also attach a family tree to your Petition. Decedent’s Property 15. Before you can fill in the information on the chart on question #15, you need to fill out Attachments A and B. For now, skip to Attachment A: Real Estate. The Decedent’s property that is on hand for distribution will be described and valued in detail in Attachments A and B. When completing these attachments, all values should be reported as of the date of 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: Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 13 of 21 • 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. A. State how many pieces of Minnesota real estate were owned by the person who died at the time of their death. 1. Start by listing information about the homestead property (if there is one) of the person who died. a b c 1 Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 14 of 21 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. 2. 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. Contracts for Deed: After the legal description, note if there is a Contract for Deed. State the names of the person who owned the Vendor/Seller’s interest and the person who owned the Vendee/Buyer’s interest. Include the date of the contract, the interest rate and unpaid balance at date of death, and accrued interest, if any. 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: Personal Property 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. 2 Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 15 of 21 1. Description of Property. Separately list and number any personal property owned by the person who died, describing each item. a. Number of Units. Include the number of units. 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). Add up the fair market value for all of the personal property you listed and write in the total value. After completing Attachments A and B, return to question #15. 15. After you have listed and described the decedent’s personal property on hand for distribution, you will state who will get the property. Write in the name of the person receiving property and the amount each person should get. 15 a b c 1 Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 16 of 21 16. Check the box that describes what has happened with the property owned by the person who died. 17. In some cases, it may be necessary to complete the determination of descent process for multiple people in order to transfer property. If this applies to your situation, check with court administration in the county where you are filing to see how they would like you to do this. Requests for the Court In this section, you will be letting the court know what you are asking for. The only thing you have to do in this section is answer #5. 5. Check a box to say whether you are asking the court to determine the decedent’s heirs (if they died without a Will) or to probate the decedent’s valid and unrevoked Will. 16 17 5 Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 17 of 21 A. Sign the Petition for Determination of Descent form. State your address, phone number, and e-mail address in the blanks under the signature line. When you sign the Petition, 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 ). B. If you are an attorney representing the petitioner, check the attorney box and include your attorney license number, firm name and address, etc. This form is only needed if the original, signed Will of the person who passed away is not available. Fill out the caption the same way you did for the Petition. The Statement Step 2 Sign the Petition for Determination of Descent (PRO1402) Step 3 (Optional) Fill out the Statement of Contents of Lost, Destroyed, or Otherwise Unavailable Will (PRO1206) Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 18 of 21 A. Fill in your name as the Petitioner. 1. Fill in the date the original Will was signed, and check one of the boxes describing why the original Will is not available. If the original Will is not available for a reason other than being lost or destroyed, check the “other” box and explain what happened to the Will. 2. Check the first box if you are able to attach a copy of the Will to the Statement. Check the second box if you do not have a copy of the Will, but are able to describe what the Will said instead. The Signature Block Sign the form under penalty of perjury and fill in the blanks. Make a copy of the Petition for Determination of Descent (PRO1402) and Statement of Contents of Lost, Destroyed, or Otherwise Unavailable Will (PRO1206) (if you completed this form) for your own records. File the following with the court: • Petition for Determination of Descent (PRO1402); Step 5 File the Completed Forms with the Court Step 4 Make a Copy of Completed Forms 2 1 Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 19 of 21 • The original Will, if available—if not, then the Statement of Contents of Lost, Destroyed, or Otherwise Unavailable Will (PRO1206); and • The death certificate of the decedent and of any heirs or devisees that died before the decedent. There is a filing fee due when you file. You can make checks payable to “District Court Administrator.” See https://mncourts.gov/Help-Topics/Court-Fees.aspx. If court administration finds that all of your documents are in order, they will schedule a hearing and issue you a copy of a Notice and Order for Hearing on Petition for Descent of Property. Make copies of the Notice form and mail one to each of the heirs, devisees, and all other interested parties you listed in the Petition. The Notice must be mailed no later than 14 days before the scheduled court hearing. Complete a separate Affidavit of Mailing (Petition for Determination of Descent) (PRO1402) for each party you mailed the Notice to and file the affidavits with the court. Publish the Notice and Order for Hearing on Petition for Determination of Descent once a week for two consecutive weeks in a legal newspaper in the county where the case was filed. The second publication must be at least ten days prior to the hearing. You will be responsible for paying the costs of publication. File the Affidavit of Publication given to you by the newspaper with the court. Complete the Notice to Commissioner of Human Services Regarding Possible Claims and make a copy of the document to keep for your own records. Send the following documents to the Commissioner: • Notice to Commissioner of Human Services Regarding Possible Claims; and • Copy of the Notice and Order for Hearing on Petition for Determination of Descent Step 6 Mail and Publish Notice of the Hearing for Interested Parties Step 7 Fill out the Notice to Commissioner of Human Services Regarding Possible Claims (PRO905) and Mail a Copy to the Commissioner Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 20 of 21 The address for mailing this notice is: Commissioner of Human Services, Attn: Special Recovery Unit/Estate Notice, P.O. Box 64995, St. Paul, MN 55164-0095. You do not need to have someone else mail this notice to the Commissioner—you can be the one to mail it. After you have mailed the notice: 1. Complete an Affidavit of Service of Notice to the Commissioner of Human Services Regarding Possible Claims (PRO903), and 2. File the Affidavit of Service with the court. Do not file the Notice with the court (it is for the Commissioner of Human Services only). NOTE: If real estate is involved, for certain real estate transactions, you may have to take additional steps with the county recorder’s office in the county where the real estate is located. Court staff cannot answer questions about real estate transactions. If you have any questions, talk to an attorney. ALSO NOTE: You will need to get a signed Clearance Certificate for Medical Assistance Claims from your county agency and file this clearance with the court. For a list of county agency contacts, see the MN Department of Human Services website at https://edocs.dhs.state.mn.us/lfserver/Public/DHS-7842-ENG. You can find the application form for a clearance certificate (DHS6165A) at https://edocs.dhs.state.mn.us/lfserver/Public/DHS- 6165A-ENG. It is generally the best practice to file your Affidavits of Mailing, the Affidavit of Publication, and the Clearance Certificate for Medical Assistance Claims before the scheduled hearing. You must appear at the scheduled hearing and: • be ready to talk about the information included in your petition, including whether there is a Medical Assistance claim; and • bring a copy of each of the forms you filed as part of Step 7 (above). You need to file the Affidavit of Service with the court, but NOT the Notice form. Step 8 Attend the Court Hearing Instructions – Petition for Determination of Descent PRO1401 State ENG 6/21 www.mncourts.gov/forms Page 21 of 21 You will receive a Decree of Descent after you have filed documents discussed at the hearing, including a Clearance Certificate for Medical Assistance Claims. After the Decree of Descent has been issued by the judge, you can get certified copies from court administration. There will be a charge for each certified copy (see http://mncourts.gov/Help- Topics/Court-Fees/District-Court-Fees.aspx?cat=probate&cookieCheck=true). Certified copies of the Decree of Descent may be needed for certain tasks, including but not limited to: • presentation to banks and other financial institutions to close the accounts of the person who died; • transferring title to estate real estate; • presentation to the Department of Motor Vehicles to transfer title to a vehicle. Step 10 Get Certified Copies of the Decree of Descent Step 9 After the Hearing

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