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.

Gary C. Dahle – Attorney at Law

2704 County Road 10, Mounds View, MN 55112

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

gary@dahlelaw.com

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. Gary C. Dahle, Attorney at Law, is licensed to practice law in the State of Minnesota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of Minnesota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

Accessing the web site of Gary C. Dahle, Attorney at Law – https://www.dahlelaw.com – may be held to be a request for information. However, the mere act of either providing information to Gary C. Dahle, Attorney at Law, or taking note of information provided on https://www.dahlelaw.com, does not constitute legal advice, or establish an attorney/client relationship.

Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation. If you are not a current client of Gary C. Dahle, Attorney at Law, please do not use the e-mail links or forms to communicate confidential information which you wish to be protected by the attorney-client privilege.

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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 Certificates – http://www.health.state.mn.us/divs/chs/osr/birth.html

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

Minnesota Marriage Records – https://moms.mn.gov/

——— Gary C. Dahle Attorney at Law ———