What Qualifies for Minnesota's Decree of Descent?
Minnesota's Decree of Descent has no dollar ceiling under Minn. Stat. §§ 525.31-525.313; eligibility instead turns on the specific statutory conditions below. This is informational only — we don't determine your eligibility for you.
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The statutory line, exactly
Minnesota's Decree of Descent has no dollar ceiling — eligibility instead turns on the specific conditions Minn. Stat. §§ 525.31-525.313 sets out, evaluated by the court when the application is filed. There's no total to add up before you know whether it applies.
The mistakes that actually sink an otherwise-eligible estate
5 reasons account for most of the rejections Minnesota families run into — cited to the specific Minn. Stat. §§ 525.31-525.313 section behind each one, not general advice:
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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. — Minn. Stat. §§ 525.31, 524.3-108; PRO1402 ¶ 3
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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. — Minn. Stat. §§ 525.31, 525.311(3); PRO1402 ¶ 7; PRO1401
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The Medical Assistance clearance is not on file, or a claim is unresolved. The court may not enter the decree until the petitioner has filed the county agency's clearance for Medical Assistance claims and any claim has been paid, settled, or otherwise finally disposed of — unless the estate was previously probated in Minnesota and the property was omitted. — Minn. Stat. §§ 525.312, 525.313(a), (i)
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Notice, publication or the list of interested persons is incomplete. Notice must be mailed at least 14 days before the hearing and published once a week for two consecutive weeks in a legal newspaper, the last publication at least ten days before the hearing, with proof filed. The petition must list every spouse, child, heir, devisee and other interested person. The court's form warns that omitting interested persons may delay the case. — Minn. Stat. §§ 525.312, 524.1-401; PRO1402 ¶¶ 10, 12
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A will exists but was not filed with the petition. If the decedent left a will that has not been probated, the will or an authenticated copy must be filed with the petition and the petition must pray for its probate. The court's instructions call for the original will if available; if not, a statement of the contents of the lost, destroyed, or unavailable will (PRO1206). — Minn. Stat. § 525.311(5); PRO1401 Steps 3 and 5
Once you've confirmed the estate qualifies, the next question is the actual filing sequence — see how to file Decree of Descent in Minnesota, step by step.
Once you know it applies, this is what trips families up next
Not the eligibility conditions — the notice, clearance, and follow-up steps after you file. 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.