Minnesota Probate Form PRO1402

Petition For Determination Of Descent

Everything you need to know about Minnesota Form PRO1402, 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 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.

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 PRO1402

MN Form PRO1402, which may also referred to as 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 Petition For Determination Of Descent

Sometimes it’s tough to find a quick summary— here’s the important details you should know about 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 PRO1402 - 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 PRO1402

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 PRO1402, 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 PRO1402 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 PRO1402 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 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 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 PRO1402 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 PRO1402, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form PRO1402 Online

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 PRO1402 - 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.

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 PRO1402

MN Form PRO1402, which may also referred to as 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 PRO1402 - 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 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 PRO1402

Here’s the text, verbatim, that is found on Minnesota Form PRO1402 - 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.

Petition for Determination of Descent PRO1402 State ENG 6/21 www.mncourts.gov/forms Page 1 of 10 State of Minnesota District Court County of: Judicial District: Court File Number: Case Type: Probate In Re the Estate of: PETITION FOR DETERMINATION OF DESCENT ___________________________________, Decedent (Deceased person) Information about the Petitioner: 1. My name is __________________________________________. My legal interest to the Decedent is: (Check all that apply) ☐ 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 ___________________________, which is more than three years ago, in the city of _____________________, and state of . 4. Domicile (address of legal residence) of Decedent at the time of death: Street Address: ________________________________________ City, State, and Zip Code: ________________________________ County: _______________________________________________ Petition for Determination of Descent PRO1402 State ENG 6/21 www.mncourts.gov/forms Page 2 of 10 5. Did Decedent live in MN at the time of death? ☐ Yes ☐ No If No, did Decedent own property in MN at the time of death? ☐ Yes ☐ No If yes, what county? _______________________________________ Information about the Will and Personal Representative: 6. I have made a reasonable, diligent search for any Will. The Decedent: (check all that apply) ☐ Died intestate (without a Will). ☐ Died testate (with a Will). The Decedent’s Will is made up of the following: ☐ A Will dated: _________________ ☐ Codicil(s) (amendments) dated: ____________________ ☐ Separate writing(s) gifting personal property under Minn. Stat. § 524.2 -513 dated: ☐ A separate writing referred to in Will but not found or attached to Will The original documents checked above are: (check all that apply) ☐ Filed with this Petition. ☐ In possession of the Court. ☐ Have been mailed to the Court separately. ☐ Probated elsewhere and an authenticated copy of the Will and statement or order probating the Will are filed with this Application. ☐ Unavailable, but: ☐ a copy of the Will is attached to the Statement of Contents of Lost, Destroyed or Otherwise Unavailable Will that accompanies this Petition. ☐ Other: ________________________________________________________ ________________________________________________________ To the best of my knowledge and belief, these documents have been validly executed. After a reasonable diligent search, I am unaware of any document revoking the Will, and I believe this is the last Will of Decedent. 7. There is no personal representative of the Decedent appointed in Minnesota or elsewhere whose appointment has not been terminated. 8. Check one: Petition for Determination of Descent PRO1402 State ENG 6/21 www.mncourts.gov/forms Page 3 of 10 ☐ 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: 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. 9. Check all that apply: ☐ Decedent left no surviving spouse. ☐ Decedent left no surviving issue (generally, children by blood or adoption; for other examples, see Instructions or get legal advice). ☐ All issue of Decedent are issue of Decedent’s surviving spouse. ☐ There are issue of Decedent that are not issue of the surviving spouse. ☐ There are issue of the surviving spouse who are not issue of the Decedent. 10. 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 (one name per box) Familial Relationship Legal Interest Birth Date of Minor / Date of Death if deceased Heir or Divisee ☐ 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: _________________ Petition for Determination of Descent PRO1402 State ENG 6/21 www.mncourts.gov/forms Page 4 of 10 Name and Mailing Address (one name per box) Familial Relationship Legal Interest Birth Date of Minor / Date of Death if deceased Heir or Divisee ☐ 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: _________________ ☐ 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: _________________ ☐ 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: _________________ ☐ 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: _________________ Use another sheet of paper if you need more space for #10. Petition for Determination of Descent PRO1402 State ENG 6/21 www.mncourts.gov/forms Page 5 of 10 11. 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 - _____________________________________________ 12. Statement specifically eliminating all heirs or devisees other than listed [ see Minn. Gen. R. Prac. 408(a)]: Start at ( 1) and check all boxes that apply moving down the list. Stop when directed. The Decedent left: (1) ☐ I have listed all Devisees. (2) ☐ If Decedent has a living spouse, I have listed the spouse. (3) ☐ If Decedent has children, I have listed them all (this includes adopted children but not step-children). (4) ☐ If Decedent has deceased children, I have listed all of the deceased child’s children. STOP: If boxes 3 or 4 are checked you do not have to continue. If not checked, move to box 5. Be sure all names of those included above are listed as interested persons in 18. (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. If not checked, move to box 6. Be sure all names of those included above are listed as interested persons in 18. (6) ☐ If Decedent’s parents have no descendants, I have listed Decedent’s grandparents (both maternal and paternal). (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). Petition for Determination of Descent PRO1402 State ENG 6/21 www.mncourts.gov/forms Page 6 of 10 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 boxes 6-8 are checked, be sure all names of those included above are listed as interested persons in 18. Attach a family tree to this Application. (9) ☐ Other (attach family tree and list as interested persons in 18). Other than specifically listed above, there are no other heirs or devisees. Information about Decedent's Property: 13. More than three years have passed since the Decedent’s death and there has been no probate proceeding or administration proceeding started in Minnesota. 14. At the time of death, Decedent was the owner of certain property described and valued at the date of death as detailed in Attachments A and B. 15. The property on hand for distribution is as listed in this document and should be distributed to the following persons in the following proportions or parts: Name Proportion 16. The Decedent’s property: Petition for Determination of Descent PRO1402 State ENG 6/21 www.mncourts.gov/forms Page 7 of 10 ☐ Has already been claimed or occupied, according to the Will, by the devisee or the devisee’s successors and assigns. ☐ Has already been claimed or occupied, according to the intestacy laws that were in place at the time of Decedent’s death, by the heirs or successors and assigns. ☐ Was not claimed or occupied by anyone during the time period for testacy proceedings (three years). 17. ☐ Check box if the property described involves descent through multiple decedents. Based on the above, I ask the Court to schedule a hearing on this Petition and enter an order formally: 1. Finding that venue is proper. 2. Finding that the Decedent died more than three years ago. 3. Determining Decedent’s domicile at death. 4. Determining Decedent’s testacy status. 5. ☐ Determining Decedent’s heirs. or ☐ Probating the valid and unrevoked Will of Decedent. 6. Issuing a decree of distribution assigning the Estate to the persons entitled to the Estate. 7. Granting 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 Petitioner Name: Address: County and state where signed City/State/Zip: Telephone: Email:  Attorney for Personal Representative: Name: Firm: Petition for Determination of Descent PRO1402 State ENG 6/21 www.mncourts.gov/forms Page 8 of 10 Address: Attorney License No.: Email: Telephone: Petition for Determination of Descent PRO1402 State ENG 6/21 www.mncourts.gov/forms Page 9 of 10 Attachment A: Real Estate Fill out “Attachment A” even if the Decedent did not own any real estate in Minnesota. There are pieces of real estate in Minnesota that are part of the Estate. For each piece of real estate in Decedent’s Estate, I am providing the following information: Description of Property County Assessor’s Market Value Fair Market Value 1 Homestead in ___________________ County Legal Description: $ $ 2 Other real estate in ___________________ County Legal Description: $ $ Attachment A: Real Estate Total: $ Use another sheet of paper if you need more room to write. Petition for Determination of Descent PRO1402 State ENG 6/21 www.mncourts.gov/forms Page 10 of 10 Attachment B: Personal Property A B Description of Property Number of Units Fair Market of Value of Each Unit Total Fair Market Value 1 $ $ (A x B) Attachment B: Personal Property Total: $ Use another sheet of paper if you need more room to write.

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