When the decedent’s only probate assets are a Homestead, and certain other limited assets, title to the Homestead and such other assets can be decreed by a Minnesota Probate Court to the rightful owners(s) of such assets in Minnesota Summary Probate Proceedings, or a Minnesota Summary Administration – a little known, but valuable, probate title procedure.

Minnesota Summary Probate Proceedings - Minnesota Summary Administration

Minnesota Summary Probate Proceedings –

Minnesota Summary Administration

 Minnesota Summary Probate Proceedings – Petitioner

Any interested person may petition a Minnesota probate court in Minnesota Summary Probate Proceedings – Minnesota Summary Administration for a court decree with respect to certain estate assets.

Minnesota Summary Probate Proceedings – Interested Person

The term interested person is defined by M.S. Section 524.1-201(33) as follows:

“Interested person” includes

  • heirs,
  • devisees,
  • children,
  • spouses,
  • creditors,
  • beneficiaries and
  • any others having a property right in or claim against the estate of a decedent, ward or protected person which may be affected by the proceeding.

It also includes

  • persons having priority for appointment as personal representative, and
  • other fiduciaries representing interested persons.

The meaning as it relates to particular persons 

  • may vary from time to time and
  • must be determined according to the particular purposes of, and matter involved in, any proceeding.

Minnesota Summary Probate Proceedings – Minnesota Summary Administration – No Personal Representative

When the decedent’s only probate assets were a Homestead, and certain other limited assets, the appointment of a Minnesota Personal Representative is not required, and title to such assets can be decreed by a Minnesota Probate Court in Minnesota Summary Probate Proceedings pursuant to a Decree of Distribution:

  • to the decedent’s surviving spouse, if any, and
  • to the decedent’s surviving descendents, if any, who are either Will beneficiaries, or intestate heirs.

Minnesota Summary Probate Proceedings – Minnesota Summary Administration – Primary Requirement

The primary requirement in Minnesota Summary Probate Proceedings with respect to the Homestead and certain other limited assets is that such assets pass to:

  • the decedent’s surviving spouse, if any,
  • and/or to one or more of the decedent’s surviving descendants pursuant to Minnesota law.

If the Homestead and certain other limited assets will pass to such designated persons:

  • such assets will be exempt from creditor’s claims, and
  • there is no need for the appointment of a Minnesota Personal Representative.

Minnesota Summary Probate Proceedings – Minnesota Summary Administration – Descent of the Homestead

M.S. Section 524.2-402(a) identifies that a Minnesota Probate Court will decree title to the decedent’s Homestead pursuant to a Decree of Distribution in the following manner:

1. No Surviving Descendents – Complete Ownership to the Surviving Spouse

If the decedent has no surviving descendant(s), the decedent’s entire interest in the Homestead will be decreed by the Probate Court to the surviving spouse – unless the surviving spouse:

  • has consented in writing, or
  • is deemed to have consented,

to any contrary disposition of the Homestead – in which case the Homestead may not be entirely free from creditor claims, and thus not eligible for Minnesota Summary Proceedings.

2. Surviving Descendents; a Life Estate to the Surviving Spouse – Remainder to the Decedent’s Descendents

 If the decedent had a surviving spouse and one or more surviving descendents, the Probate Court will decree:

  • a life estate in the Homestead to the surviving spouse – unless the surviving spouse has consented in writing, or is deemed to have consented – to a contrary disposition of the Homestead, and
  • the remainder of the decedent’s interest in the Homestead to the decedent’s descendents “by representation”.

However, if the surviving spouse has consented in writing, or is deemed to have consented, to any disposition of the Homestead to someone other than the decedent’s descendents – the Homestead may not be entirely free from creditor claims – and thus not eligible for Minnesota Summary Proceedings.

3. No Surviving Spouse – Ownership to the Will Devisees

If there is no surviving spouse, and the decedent’s Will directs the disposition of the decedent’s interest in the Homestead, the decedent’s entire interest in the Homestead may be decreed by the Probate Court to the Will devisees identified in the decedent’s Will.

However, if such Will devisees are other than the decedent’s descendents – the Homestead may not be entirely free from creditor claims, and thus not eligible for Minnesota Summary Proceedings.

4. No Surviving spouse – Ownership to the Surviving Descendents

If there is no surviving spouse, and there is either:

  • no Will, or
  • the decedent’s Will fails to direct the disposition of the decedent’s interest in the Homestead,

the decedent’s entire interest in the Homestead will be decreed by the Probate Court to the decedent’s surviving descendant(s).

Minnesota Summary Probate Proceedings – Minnesota Summary Administration – Probate of the Decedent’s Will

If distribution of the decedent’s Homestead and/or certain other assets is to be made pursuant to the terms of the decedent’s Will, any such Will must be formally admitted to probate before a probate court Decree of Distribution will be issued with respect to such assets.

Minnesota Summary Probate Proceedings – Minnesota Summary Administration – Claims for Reimbursement of Minnesota Medical Assistance Benefits

The petitioner in Minnesota Summary Probate Proceedings must provide evidence to the probate court that there are no outstanding claims against the decedent’s estate for medical assistance benefits provided to the decedent, before the probate court will issue a Decree of Distribution with respect to the assets of the estate.

Minnesota Summary Probate Proceedings – Minnesota Summary Administration – Court Decree

The desired end result of a Minnesota Summary Probate Proceedings action is a Decree of Distribution issued with respect to the Homestead, and certain other assets, declaring that ownership of such assets is held by certain designated persons.

Thereafter, a certified copy of the court’s Decree of Distribution should be filed in the county real estate records with respect to the Homestead.

When a certified copy of the court’s Decree of Distribution is filed in the county real estate records, such Decree of Distribution should be effective to evidence the transfer of title to the Homestead:

  • to the decedent’s surviving spouse, if any, and
  • to the decedent’s surviving descendents identified in the Decree of Distribution,

at least with respect to real property which offers the abstract property form of title evidence.

Minnesota Summary Probate Proceedings – Minnesota Summary Administration – Torrens Property

Any Minnesota probate court Decree of Distribution with respect real property which offers the Torrens Property form of title evidence must also be approved for recording by the County Examiner of Titles.

Minnesota Summary Probate Proceedings – Minnesota Summary Administration – Filing Fees and Notice Requirements

The filing fees and the notice requirements with respect to Minnesota Summary Probate Proceedings are the same as for any other probate proceeding.

Conclusion – Minnesota Summary Probate Proceedings;

a.k.a. Minnesota Summary Administration

If you could benefit from a Minnesota probate court’s Decree of Distribution issued in Minnesota Summary Probate Proceedings  – Minnesota Summary Administration, contact attorney Gary C. Dahle, at 763-780-8390, or [email protected].

For Minnesota Cemetery law issues see http://dahlelawcemeteries.com/

For information on Minnesota Church Corporation law, see also Minnesota Church Law.

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/

For information on Minnesota Guardianships, see also http://dahlelawguardianships.com/

Gary C. Dahle is also licensed in North Dakota.

For information on North Dakota Probate law, see https://www.dahlelawnorthdakota.com/

For information on North Dakota Transfer on Death Deeds, see also http://northdakotatransferondeathdeeds.com/

Copyright 2022 – All Rights Reserved

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

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

[email protected]

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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,  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.

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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.

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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/