Minnesota Decree of Descent
If a bank told you an account is frozen and didn't explain what that actually means, you're not stuck, and you're not the only one this has happened to. A probate attorney would typically charge $1,500–$4,200+ to walk you through exactly what Minnesota law already lets you do yourself. This kit is $37, one-time, and covers the same ground — the eligibility rule, the official form, and what to say if a bank or clerk pushes back.
Minnesota's decree of descent — the Minnesota Judicial Branch's "determination of descent," petition form PRO1402, under Minn. Stat. §§ 525.31-525.313 — lets an heir or devisee ask the district court to assign a decedent's real or personal property when the person has been dead more than three years and nothing was ever probated. There is no dollar cap, no personal representative, and a will that was never probated can be filed with the petition. The court holds a hearing after mailed and published notice and will not enter the decree until a Medical Assistance clearance is on file. This is informational only, written by researchers, not attorneys.
Last reviewed
Minnesota has more than one probate-avoidance mechanism. See the Small Estate Affidavit guide instead →
- Built on the official state form
- Every claim cited to Minn. Stat. §§ 525.31-525.313
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- Money-back if the affidavit is rejected
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Why timing matters: Minnesota closes ordinary probate three years after death (Minn. Stat. § 524.3-108) and leaves descent proceedings open — but the delay has a price: ordinary creditor claims are long barred while Medical Assistance claims are not (§ 524.3-803(a)(3)), so the county's Medical Assistance clearance, due within 15 working days of the application, is a step the court cannot skip.
Minnesota's Decree of Descent — no dollar cap
Minnesota's Decree of Descent has no dollar ceiling — eligibility instead turns on the specific conditions Minn. Stat. §§ 525.31-525.313 sets out. There's no total to add up before you know whether it applies. Decree of Descent is filed with the court, not handed directly to a bank or DMV. Minnesota publishes an official fill-in form: The Minnesota Judicial Branch publishes a three-item packet: PRO1401 (21-page instructions, 6/21), PRO1402 (Petition for Determination of Descent, 10 pages, Rev 6/21), and PRO1403 (Affidavit of Service). The court calls the proceeding a "determination of descent"; the statute and most searchers say "decree of descent." The instructions' step 6 refers to the affidavit of mailing as "PRO1402" — that is the petition's own number; the packet lists the affidavit as PRO1403. The court's PDFs refuse automated downloads, so use the forms page in an ordinary browser. .
How to file, step by step
- 1
Confirm the three conditions the court lists
More than three years have passed since the death; the decedent left real or personal property; and the estate has not already gone through probate in Minnesota or in any other state. The petition states each of these under penalty of perjury.
- 2
Gather the facts the petition asks for
Birth and death dates and places; the decedent's address and county at death; a diligent search for any will; the names, addresses and relationships of every spouse, child, heir, devisee and other interested person; an estimate of assets and debts; and the original will if there is one.
- 3
Complete the court's PRO1402 and its attachments
PRO1402 is a 10-page petition. Attachment A lists Minnesota real estate (legal description, assessor value and fair market value) and Attachment B lists personal property. Do not list non-probate property such as joint-tenancy real estate or accounts with beneficiaries. The court's PRO1401 instructions walk through each numbered item. View source →
- 4
Sign under penalty of perjury and, if needed, complete the lost-will statement
If the original will is not available, the court's instructions call for a Statement of Contents of Lost, Destroyed, or Otherwise Unavailable Will (PRO1206).
- 5
File the petition, the will, and death certificates with the court
File with the district court in the county where the decedent lived (or, for a nonresident, where Minnesota property sits). The filing fee is due when you file; the court's published base fee for the first paper filed in an estate matter is $310, plus any county law library fee.
- 6
Mail and publish notice of the hearing
After the court schedules the hearing and issues a Notice and Order for Hearing, mail it to each interested person at least 14 days before the hearing and file an affidavit of service for each (PRO1403). Publish it once a week for two consecutive weeks in a legal newspaper in the county, the second publication at least ten days before the hearing, at your cost, and file the affidavit of publication.
- 7
Notify the Commissioner of Human Services and get the county clearance
Mail a Notice to Commissioner of Human Services Regarding Possible Claims (PRO905) and a copy of the hearing notice to the Special Recovery Unit/Estate Notice at the address the court's instructions give; file the PRO903 affidavit of service (not the notice). Apply to your county agency for the Medical Assistance clearance certificate (DHS-6165A) and file it with the court. The county has 15 working days to issue it.
- 8
Attend the hearing
Be ready to discuss the petition, including whether there is a Medical Assistance claim, and bring copies of everything filed in the notice and clearance steps.
- 9
Get the decree and certified copies
After the hearing, and once the clearance and any claim are in order, the court enters the decree of descent. Order certified copies from court administration (there is a charge for each) for banks, the motor vehicle division, and the county recorder.
What it actually looks like
Sample pages from the kit
Real pages from the Minnesota kit PDF. Click any page to enlarge.
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Cover & key facts
Version, last-reviewed date, the statutory cap, and the disclaimer — all on page 1.
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Table of contents
Every section in the order you'll use it — the eligibility check, the form walkthrough, and the bank-refusal script.
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Plain-English glossary
Key terms translated for a non-attorney reader. The vocabulary the rest of the kit assumes.
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What it does, in plain English
The mechanism explained in plain language, cited to the statute, with your state's exact dollar cap built in.
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Citations index
Every operational claim sourced to the actual statute or official court/agency publication.
View page
Print-friendly, readable on a phone or tablet, and designed to be taken to the bank or clerk. Every operational claim cites the actual statute or official publication.
How this compares
Yes — Minnesota's own form is free (that's the Free state form column below). The $37 is for everything the free form leaves you to work out alone: the eligibility check, the filing sequence, and what to do when a bank, DMV, or clerk pushes back.
| This kit | Probate attorney | Free state form | Doing nothing | |
|---|---|---|---|---|
| Cost | $37 | $1,500–4,200+ | $0 | Eventually full probate, if the estate is never settled |
| Time to filed | Same week to prepare; court approval timing varies by county | 2–6 weeks | If you can decode it alone | Not until you act |
| Bank/DMV/clerk pushback script | Yes | Sometimes | No | n/a |
| Statute citations | Yes | n/a | n/a | n/a |
| Delivery time | Instant download | After consult + retainer | Instant | n/a |
Attorney costs reflect typical Minnesota probate-attorney retainers for this kind of filing.
The most-searched sticking point
What to do when a bank, DMV, or clerk pushes back
A court-filed process mostly slows or stalls on specific steps — a clearance, complete notice, a complete list of interested persons, an institution's follow-up request — not on a teller's unfamiliarity. The kit's Section 5 gives you what the statute or the court's instructions say about each of these:
- County Medical Assistance clearance is slow, or shows a claim
- Court continues or rejects the petition because an interested person or a notice step is missing
- Bank, motor vehicle division or title company asks for more than the decree
Each one has a specific script and statutory citation behind it — not just "you're right, they're wrong," but exactly what to say and what document to hand over. That's in the kit.
If a bank, DMV, title company, or court clerk rejects your filing for a reason traceable to following this kit, you get a full refund.
Email the stated rejection reason to support@estateaffidavitguide.com within 30 days of purchase and we refund the full purchase price within one business day. No phone tag, no forms, no fight. Not covered: an estate that turns out to be over the dollar limit, a dispute among heirs, or a missing document unrelated to the filing itself. Changed your mind for any other reason? You have 7 days, no questions asked. Full refund policy.
Avoid these
5 common reasons filings get rejected
Three years have not yet passed since death
A will was probated, or a personal representative was appointed, anywhere
The Medical Assistance clearance is not on file, or a claim is unresolved
Notice, publication or the list of interested persons is incomplete
A will exists but was not filed with the petition
Before you present the Minnesota Decree of Descent
Most rejected-on-the-first-try filings are a front-line-staff problem, not an eligibility problem. This free one-pager has what to bring and what to say the first time you hand it to a bank, DMV, or clerk — emailed now. We'll also send a few short follow-ups over the next few weeks (why most pushback is unfamiliarity not law, the exact citation to point to, when to call an attorney) — then we stop. No ongoing newsletter.
Questions
Frequently asked questions
Is a decree of descent the same thing as a determination of descent?
Why does the decedent have to have been dead more than three years?
What if the person died less than three years ago?
Is there a dollar limit?
Does it work if the person left a will?
What does it cost?
Why is a Medical Assistance clearance required?
Can heirs sell the property before the claim is resolved?
Do I need a lawyer?
What do I do with the decree once I have it?
Which Minnesota mechanism applies to my situation?
Does Minnesota call this a 'small estate affidavit' like most other states?
Ready to start?
$37, one time. Instant download. Money-back if your filing is rejected for a reason traceable to following the kit, or for any other reason within 7 days.
No waiting room, no retainer. Most of the remaining delay families hit is an avoidable rejection or a second trip back to the same bank, DMV, or clerk — this kit is built to help you avoid both on the first visit.
One last step — confirm below and it's instant from there.
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5 short, plain-English emails over the following weeks — the eligibility math, the decree of descent presentation moment, why most rejections are paperwork not eligibility, and when to call an attorney instead. Then we stop. No ongoing newsletter, no sales list. Unsubscribe anytime.
Primary sources
State sources
Every claim here cites the actual statute or an official publication — see them
- Statute: Minn. Stat. §§ 525.31-525.313 . The primary source behind every requirement, cap, and deadline described above.
- Official form: Official Decree of Descent form The Minnesota Judicial Branch publishes a three-item packet: PRO1401 (21-page instructions, 6/21), PRO1402 (Petition for Determination of Descent, 10 pages, Rev 6/21), and PRO1403 (Affidavit of Service). The court calls the proceeding a "determination of descent"; the statute and most searchers say "decree of descent." The instructions' step 6 refers to the affidavit of mailing as "PRO1402" — that is the petition's own number; the packet lists the affidavit as PRO1403. The court's PDFs refuse automated downloads, so use the forms page in an ordinary browser.
- State self-help resource: Minnesota District Court, Probate Division