Minnesota Decree of Descent

Minnesota Decree of Descent

Minnesota Decree of Descent

Minnesota Decree of Descent – Petitioner

In a situation where:

  • the decedent has been dead for more than three years,
  • but no Personal Representative was ever appointed by either a judge or a probate registrar,

any interested person (or assignee or successor of an interested person), may petition the probate court:

  • of the county wherein the decedent resided, or
  • the county wherein any of the decedent’s real or personal property was located,

in order:

  • to determine the owner of such property, and
  • to decree title to such property to the persons entitled thereto, pursuant to a Minnesota Decree of Descent.

Minnesota Decree of Descent – Procedure

Under a Minnesota Decree of Descent procedure, there is no need for the appointment of a Personal Representative because creditor claims – other than claims for medical assistance benefits – cannot be filed more than three years after the death of the decedent if no Personal Representative was ever appointed.

Minnesota Decree of Descent – Filing Fees

The filing fees and the notice requirements with respect to obtaining a Minnesota Decree of Descent are the same as for any other probate proceeding.

Minnesota Decree of Descent – Medical Assistance Clearance

The petitioner in a Minnesota Decree of Descent proceeding must provide evidence to the court that there are no outstanding claims for medical assistance benefits.

Minnesota Decree of Descent – Conclusion

If you have need of a Minnesota Decree of Descent procedure, contact attorney Gary C. Dahle, at 763-780-8390, or gary@dahlelaw.com.

Copyright 2018 – All Rights Reserved

Gary C. Dahle – Attorney at Law

2704 County Road 10, Mounds View, MN 55112

Phone:  763-780-8390    Fax: 763-780-1735


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Legal Disclaimer

Information provided herein is only for general informational and educational purposes.

Minnesota probate law involves many complex legal issues.

If you have a specific legal problem about which you are seeking advice, either consult with your own attorney or retain an attorney of your choice.

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Links to Minnesota Probate Records

Minnesota Department of Health – Death Records Index – 1997 to Present:  http://www.health.state.mn.us/divs/chs/osr/DecdIndex/dthSearch.cfm

Minnesota Historical Society – Death Records; 1904 – 2001: http://www.mnhs.org/people/deathrecords

Minnesota Department of Health – Birth Certificateshttp://www.health.state.mn.us/divs/chs/osr/birth.html

Minnesota Historical Society – Birth Records: http://www.mnhs.org/people/birthrecords

Minnesota Marriage Recordshttps://moms.mn.gov/