How Long Does Minnesota's Decree of Descent Take?
The only fixed period is the one that decides whether this process is available at all: the decedent must have been dead more than three years. After you file, the court sets a hearing. Notice must be mailed to every interested person at least 14 days before the hearing and published once a week for two consecutive weeks, the second at least ten days before it, and the county has 15 working days after it receives your application to issue the Medical Assistance clearance. The decree cannot enter until the clearance is on file and any claim is paid, settled, or otherwise finally disposed of. No source reviewed states how long a petition takes from filing to decree, so this guide does not give a total — ask the court administrator for the current hearing calendar. This is informational only and is not legal advice.
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The short answer
The only fixed period is the one that decides whether this process is available at all: the decedent must have been dead more than three years. After you file, the court sets a hearing. Notice must be mailed to every interested person at least 14 days before the hearing and published once a week for two consecutive weeks, the second at least ten days before it, and the county has 15 working days after it receives your application to issue the Medical Assistance clearance. The decree cannot enter until the clearance is on file and any claim is paid, settled, or otherwise finally disposed of. No source reviewed states how long a petition takes from filing to decree, so this guide does not give a total — ask the court administrator for the current hearing calendar.
What slows families down
- The court's own docket. Minnesota requires decree of descent to be filed with and approved by the court, so local scheduling — which varies by county — sets the floor on how fast this can move, independent of anything you control.
- Three years have not yet passed since death. The statute applies when a person "has been dead for more than three years." The petition itself states that the death was more than three years ago. Within the first three years, ordinary probate is the process; § 524.3-108 closes ordinary probate and testacy proceedings only after year three, and exempts proceedings to determine descent.
- A will was probated, or a personal representative was appointed, anywhere. The petition must state that no will has been probated and no proceedings had in Minnesota, and that there is no personal representative appointed in Minnesota or elsewhere whose appointment has not been terminated. The court describes the process as for an estate that has not already gone through probate in Minnesota or in any other state.
Why the delay matters: a missing interested person or a notice defect typically means re-noticing, and every week the property stays unassigned is a week a sale, transfer, or account closing stays stuck. The next step is the step-by-step filing sequence.
What actually sets the timeline
The court's calendar and the required notice and clearance steps — not how fast you gather documents. Free one-pager: what to have ready at each step, emailed now. Then a few short follow-ups over the next few weeks — then we stop.