MN Petition Determination Descent 2009-2024 free printable template

Determination of Descent in Minnesota is a court-ordered determination of a person's legal parentage or ancestry. This is done when a person is unsure of their ancestry due to a lack of documentation or other reasons. This determination is used to establish a person's legal parents, grandparents, or other relatives.

The deadline to file a Determination of Descent in Minnesota is April 30, 2023.

In Minnesota, the person required to file a determination of descent is known as the "interested person." This can include the surviving spouse, heirs, devisees, creditors, or any other individual with a vested interest in the decedent's assets. The interested person must file a determination of descent with the probate court in the county where the deceased person resided.

To fill out a determination of descent form in Minnesota, follow these steps: 1. Obtain the form: You can obtain the determination of descent form from the offices of the County Probate Court in the county where the decedent resided or owned property. 2. Provide basic information: Begin by entering the decedent's full legal name, date of death, and residential address. Include any additional names they might have used, such as aliases or maiden names. 3. Identify the property: List all the property that the decedent owned or was entitled to, including real estate, vehicles, bank accounts, investments, and personal belongings. If there is a previous probate or determination of descent case related to any property, include the case details. 4. Determine heirs and their relationship: Identify all individuals who are potential heirs to the decedent's assets. Include their full names, dates of birth, and relationship to the decedent (e.g., spouse, child, sibling). Obtain certified copies of birth or marriage certificates if necessary. 5. Confirm absence of a valid will: Declare whether the decedent had a valid will. Attach a copy of the will if available, or state that there is no will. 6. Submit completed form: Once the determination of descent form is filled out with all required information, sign and date the form in the presence of a notary public. Submit the form along with any accompanying documentation, such as death certificates, the original will (if applicable), and a filing fee to the County Probate Court. 7. Notify interested parties: After filing, you may need to provide notice to all interested parties, such as potential heirs and creditors, as required by Minnesota law. The court may provide specific instructions on how to proceed with these notifications. Please note that it is recommended to consult with an attorney or seek legal advice if you are unsure about any aspect of filling out the determination of descent form.

The penalty for the late filing of a determination of descent in Minnesota is not explicitly stated in the Minnesota Statutes related to Probate. However, it is important to note that filing deadlines in probate matters are treated seriously, and the court may impose various consequences for late filings. These consequences can include potential delays in probate proceedings, monetary fines, or other penalties as determined by the court. It is always advisable to meet the required deadlines to avoid any potential penalties or complications in the probate process.

In Minnesota, the information that must be reported on the determination of descent includes: 1. The name of the deceased individual and the date of their death. 2. A statement indicating whether the deceased person had a will or died intestate (without a will). 3. If the deceased had a will, a copy of the will or a statement summarizing its content. 4. A list of the names, addresses, and relationships of all heirs of the deceased, including spouse, children, parents, and siblings. 5. If any of the heirs have predeceased the deceased, the names, addresses, and relationships of their surviving descendants. 6. Any named personal representative or executor of the estate, including their contact information. 7. A legal description of any real estate owned by the deceased in the state of Minnesota. 8. A list of all known assets owned by the deceased, including bank accounts, investments, vehicles, and personal property. 9. Any outstanding debts or liabilities of the deceased, including mortgages, loans, and taxes owed. 10. Any additional relevant information, such as trusts, life insurance policies, or other arrangements that may impact the distribution of the estate.

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