Minnesota Probate Form PRO1102

Petition For Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative

Everything you need to know about Minnesota Form PRO1102, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related MN probate forms.

(169 ratings)
Hand holding a pen filling out the form
Purple Circle Background

About Petition For Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative

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

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

Atticus Fast Facts About Petition For Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative:

  • 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 Minnesota’s Form PRO1102 - Petition For Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative up to date, certain details can change from time-to-time with little or no communication.

How to file Form PRO1102

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 PRO1102, 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 PRO1102 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 PRO1102 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 Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative to the relevant office

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

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

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?

Atticus DIY Probate & Estate Settlement App Image

Sponsored by Atticus App

Need help with Minnesota Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

When Petition For Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative 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 PRO1102 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 PRO1102, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form PRO1102 Online

Petition For Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative is one of the many probate court forms available for download through Atticus.

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

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PRO1102 - Petition For Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Minnesota probate court office.

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

Purple Lightbulb Icon

Did you know?

  • Form PRO1102 - Petition For Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative 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 Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative

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 PRO1102

Here’s the text, verbatim, that is found on Minnesota Form PRO1102 - Petition For Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative. You can use this to get an idea of the context of the form and what type of information is needed.

Petition for Formal Adjudication of Intestacy, Determination of Heirs, and Appointment of PR PRO1102 State ENG 8/20 www .mncourts.gov/f or ms Page 1 of 7 State of M inne s ota Dis trict Co urt County of: J udic ial Dis tr ic t: Court File Number: Case Type: F or mal Probate In Re the Estate of: PETITION FOR FORMAL ADJUDICATION OF INTESTACY, DETERMINATION OF HEIRS, AND APPOINTMENT OF PERSONAL REPRESENTATIVE ___________________________________, Decedent (Deceased person) Information about the Pe titione r: 1. My name is __________________________________________. My legal interest to the Decedent is: (Check all that apply)  Nominated Personal Representative  Spouse  C hild  Other family member:  H e ir  Creditor  Other: Information about the De cedent: 2. Decedent was born on in the city of , and state of . 3. Decedent died on in the city of , and state of . 4. At least 120 hours, but not more than 3 years (except as allowed by Minn. Stat. § 524.3- 108) have passed, since Decedent’s death. 5. D omic ile (address of legal residence) of Decedent at the time of death: Street Address: City, State, and Zip Code: Petition for Formal Adjudication of Intestacy, Determination of Heirs, and Appointment of PR PRO1102 State ENG 8/20 www .mncourts.gov/f or ms Page 2 of 7 County: 6.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? _______________________________________ 7.Decedent’s assets and indebtedness, to the best of my knowledge, at the time of death are as f ollow s : Probate As s ets Homestead $________ Other Real Estate $________ Cash $________ Securities $ ________ Other $ ________ Non-Probate As s ets (for example: joint accounts, beneficiaries, trusts, etc.) Joint Tenancy $ ________ Insurance $ ________ Other $ ________ Approximate Inde bte dne ss (see Instructions) $ ____________ Information about the Pe rs o nal Re pre sentativ e: 8.After a reasonable diligent search, I am unaware of any testamentary instrument under Minnesota law and believe that the Decedent died leaving no Will. 9.There is no personal representative of the Decedent appointed in Minnesota or elsewhere whose appointment has not been terminated. 10.The time limit for formal appointment has not expired because three years or less have passed since the Decedent’s death. 11.Check one: I have not received a demand for notice and am not aware of any demand for notice of any probate or appointment proceeding concerning the Decedent that may have been filed in Minnesota or elsewhere. OR Petition for Formal Adjudication of Intestacy, Determination of Heirs, and Appointment of PR PRO1102 State ENG 8/20 www .mncourts.gov/f or ms Page 3 of 7 P roper notice has been given to those persons or e ntitie s who have filed a demand for notice. 12. is entitled to appointment as Personal Representative and has priority over others under Minn. Stat. § 524.3-203, because: 13.Is there any other person(s) having a prior or equal right to the appointment under Minnesota law? ☐Yes ☐No If yes, who else has a right for appointment? 14.Have they given up their right for appointment or joined in nominating as Personal Representative? ☐Yes ☐No If yes, include the nomination and/or renunciation form (P RO901). Information about De cedent’s family and/or inte re s ted pe rs ons (if any): 15.Check all that apply: D ecedent left no surviving spouse. D ecedent left no surviving issue (generally, children by blood or adoption; for other examples, see Instructions or get legal advice). A ll issue of Decedent are issue of Decedent’s surviving spouse. T here are issue of Decedent that are not issue of the surviving spouse. T here are issue of the surviving spouse who are not issue of the Decedent. 16.The names and addresses of Decedent’s spouse, children, heirs, and other persons interested in this proceeding so far as known or found with reasonable diligence by the Applicant are: Name and M ailing Addre s s Familial Re lations hip AND Le gal Inte re s t (check all that apply) Birth Date of Minors / Date of Death if deceased Heir Spouse 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. Petition for Formal Adjudication of Intestacy, Determination of Heirs, and Appointment of PR PRO1102 State ENG 8/20 www .mncourts.gov/f or ms Page 4 of 7  C hild (minor or adult)  Other family member: ________________ (relation)  Heir (next of kin who would inherit without a Will)  Nominated Personal Representative  Creditor  Other:________________________  Child (minor or adult)  Other family member: ________________ (relation)  Heir (next of kin who would inherit without a Will)  Nominated Personal Representative  Creditor  Other: _______________________  Child (minor or adult)  Other family member: ________________ (relation)  Heir (next of kin who would inherit without a Will)  Nominated Personal Representative  Credit or  Other: _______________________ ( Filla ble For ms – can continue to add interested persons with the options at this level)  Child (minor or adult)  Other family member: ________________ (relation)  Heir (next of kin who would inherit without a Will)  Nominated Personal Representative  Credit or  Other: _______________________ Use another sheet of paper if you need more space for # 16. 17. 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: _____________________________________________ 18. Statement specifically elimina tin g a ll he ir s other than lis te d (see Minn. Gen. R. Prac 408(a)): Petition for Formal Adjudication of Intestacy, Determination of Heirs, and Appointment of PR PRO1102 State ENG 8/20 www .mncourts.gov/f or ms Page 5 of 7 Start at (1) and che ck all boxe s that apply moving down the lis t. Stop whe n dire cte d. The Decedent left: (1)  If Decedent has a living spouse, I have listed the spouse at #16. (2) If Decedent has children, I have listed them all at #16 (this includes adopted children but not step-c hildr e n). (3) If Decedent has deceased children, I have listed all of the deceased child’s c hildr e n at #16. STOP: If boxes (2) or (3) are checked: •You do not have to continue, but •Be sure all names are listed as interested persons in #16. If boxes (2) or (3) are not checked, move to box (4). (4) If Decedent has no descendants, I have listed Decedent’s parents. a. If Decedent has no living parents, I have listed all Decedent’s s iblings . b. If Decedent has deceased siblings, I have listed all the deceased siblings’ descendants (nieces, nephews, grandnieces, grandnephews, etc.) STOP: If box (4) is checked: •You do not have to continue, but •Be sure all names are listed as interested persons in #16. If box (4) is not checked, move to box (5). ( 5) If Decedent’s parents have no descendants, I have listed Decedent’s grandparents (both maternal and paternal) in #16. (6)Maternal Grandparents a. If both of Decedent’s maternal grandparents are deceased, I have listed Decedent’s mother’s siblings (Aunts and Uncles). Petition for Formal Adjudication of Intestacy, Determination of Heirs, and Appointment of PR PRO1102 State ENG 8/20 www .mncourts.gov/f or ms Page 6 of 7 b. If Decedent’s mother has deceased siblings, I have listed all of her deceased sibling’s children (1 st cousins). c. If Decedent has no living maternal cousins, I have listed the surviving children of cousins. (7)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. ST OP: If any box in (5) through (7) is checked, be sure all names are listed as interested persons in # 16 . Attach a family tree to this P e tition. (8) Other: (attach a f a mily tr e e a nd lis t names as interested persons in # 16). Other than specifically listed above, there are no othe r pe ople who are he irs. Based on the above, I ask the Co urt to schedule a hearing on this Petition and enter an order formally: 1.Finding that the Decedent is dead. 2.Finding that venue is proper. 3.Finding that the proceeding was started within the time limitation required by Minnesota la w . 4.Determining Decedent’s domicile at death. 5.Finding Decedent left no Will and therefore died intestate. Petition for Formal Adjudication of Intestacy, Determination of Heirs, and Appointment of PR PRO1102 State ENG 8/20 www .mncourts.gov/f or ms Page 7 of 7 6.Determining Decedent’s heirs. 7.Determining that ____________________________ is entitled to appointment as P ersonal Representative and should be appointed. 8.Appointing ____________________________ as P ersonal Representative, with ________ bond, in  an unsupervised administration  a supervised administration. 9.Issuing Letters of Ge ne r a l A dminis tr a tio n upon qualification and acceptance; and 10.Gra nting 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 Sign at ur e o f P et it ioner Name: Addr ess: County and state where signed Cit y/St at e/Zip: T elephone: Email:  Attorney for Pers onal Representative: Name: Firm: Address: Attorney License No.: Email: Telep hon e:

Get Your Probate Forms

Need help finding the rest of your Minnesota Probate forms?

Atticus has probate and estate settlement forms for your State.

Comments