If a person has been dead for more than three years, and there has been no prior probate proceeding involving such person – in Minnesota or elsewhere – the only Minnesota probate proceeding available to assign the decedent’s property to his or her heirs or Will beneficiaries will be a Minnesota Determination of Descent proceeding, in order to obtain a Minnesota Decree of Descent.
Minnesota Determination of Descent –
Minnesota Decree of Descent
Petition for a Minnesota Determination of Descent – Minnesota Decree of Descent
Whenever a person:
- has been dead for more than three years, and
- has left real or personal property in the State of Minnesota,
- no Will – or an authenticated copy of a Will probated in a different state – has been probated in Minnesota, and
- no Personal Representative was ever appointed in Minnesota 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 in which the decedent resided at the time of death, or
- the county in which any of the decedent’s real or personal property is located,
in a Minnesota Determination of Descent proceeding in order to:
- determine the rightful owner(s) of such property, and
- assign such property to the rightful owner(s) – pursuant to a Minnesota Decree of Descent.
Minnesota Determination of Descent – Determining the Rightful Owners
The rightful owners entitled to the decedent’s property pursuant to a Minnesota Determination of Descent proceeding resulting in a Minnesota Decree of Descent would be the same persons as those who would be entitled to the decedent’s property pursuant to a regular Minnesota probate proceeding which was commenced within three years of the date of the decedent’s death.
Minnesota Determination of Descent – No Appointment of a Personal Representative
There is no need for the appointment of a Personal Representative in a Minnesota Determination of Descent proceeding because creditor claims – other than those for medical assistance benefits – cannot be filed more than three years after the death of the decedent if there has been no prior appointment of a Minnesota Personal Representative of the decedent’s estate.
No Personal Representative of the decedent’s estate will be appointed by a Minnesota probate court in a Minnesota Determination of Descent proceeding because it will have been more than three years after the death of the decedent, and such appointment would be prohibited by M.S. Section 524.3-108.
Minnesota Determination of Descent – Court Filing Fees and Notice Requirements
The filing fees and the notice requirements with respect to a Minnesota Determination of Descent proceeding are the same as they would be for any other probate proceeding.
Minnesota Determination of Descent – Claims for Reimbursement of Minnesota Medical Assistance Benefits
The petitioner in any Minnesota Determination of Descent proceeding must provide evidence to the court that there are no outstanding claims against the decedent for medical assistance benefits.
Minnesota Medical Assistance reimbursement claims are not subject to the three-year presentation limitation which affect other probate claims.
Conclusion – Minnesota Determination of Descent – Minnesota Decree of Descent
For information on Minnesota Transfer on Death Deeds, see also http://www.dahlelawminnesota.com/minnesota-transfer-death-deed/
For information on Minnesota Real Estate Law, see also http://www.dahlelawminnesota.com/minnesota-title-evidence-ownership/
Gary C. Dahle is also licensed in North Dakota.
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Gary C. Dahle – Attorney at Law
2704 Mounds View Blvd., Mounds View, MN 55112
Phone: 763-780-8390 Fax: 763-780-1735
Topics of Interest:
- Minnesota Affidavit Collection of Personal Property
- Minnesota Ancillary Probate – Ancillary Probate in Minnesota
- Minnesota Personal Representative – Minnesota Co-Personal Representatives
- Minnesota Probate Law – Minnesota Probate Law Attorney
- Minnesota Probate Lawyer – Minnesota Probate Attorney
- Minnesota Probate New Brighton – Minnesota Probate 55112
- Minnesota Safe Deposit Box – Minnesota Safe Deposit Boxes
- Minnesota Special Administration – Minnesota Special Administrator
- Minnesota Summary Proceedings – Minnesota Summary Administration
- Minnesota Joint Tenancy
Legal Disclaimer – Minnesota Determination of Descent
Information provided herein is only for general informational and educational purposes. Minnesota probate law – Minnesota Determination of Descent – involves many complex legal issues. If you have a specific legal problem about which you are seeking advice, consult with a Minnesota attorney of your choice. Gary C. Dahle, Attorney at Law, is licensed to practice law only 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://dahlelawprobate.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://dahlelawprobate.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.
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/