How to File Decree of Descent in Minnesota: Step by Step
To file Decree of Descent in Minnesota, you complete the official form under Minn. Stat. §§ 525.31-525.313. Below is the step-by-step walkthrough. This is informational only and is not legal advice; we explain how to use the state's own form — we do not draft it for you.
Last reviewed
Filing Decree of Descent in Minnesota means completing the official form under Minn. Stat. §§ 525.31-525.313. Here is the full sequence, with the statutory fact behind each step.
-
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.
-
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.
-
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 →
-
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).
-
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.
-
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.
-
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.
-
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.
-
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.
The steps that most often stall a court filing — and what to do if an institution asks for more once the order is entered — are covered in what slows it down and what resolves each .
Get the official Minnesota form
Download the state's own fill-in instrument directly — never a third-party paywalled copy: 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.
The paperwork is only half of it
Notice, clearances, and what an institution asks for once the court's order is in hand are where a court-filed process loses time. 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. No ongoing newsletter.