Petition for Decree of Descent | Order for Decree of Descent

Minnesota probate processA little known Minnesota probate procedure (unless you are a lawyer) is a Petition for Decree of Descent.

So what is a Decree of Descent you might ask. This article will try to explain some of the basics.

Minnesota Decree of Descent | Probate Law

Basically, the Decree of Descent proceeding is a creature of probate law whereby a Minnesota court can issue an Order which states that, when a person died more than three years ago, his or her estate can pass to the deceased person’s heirs or devisees without the necessity of a “formal” probate.

Ok, what does that mean?

In essence, the Decree of Descent proceeding is a quicker, somewhat less expensive route to get an estate through the Minnesota court system.  This is a good thing because it saves heirs, descendants, and personal representative money in terms of court fees and attorney fees.

Why is a Decree of Descent a good thing?

As I stated above, the Decree of Descent proceeding is good because it shortens the time necessary to “probate” an estate.  For more information on the meaning of a Minnesota probate, follow the link.

In this shorter, less expensive proceeding, the court will issue and Order if all of the correct legal requirements and procedures are met.  Again, as stated above, this process is not available unless a person passed away over three years ago.  Also, there may still be requirements of notification to creditors; however, a judge will still likely issue an Order determining that the heirs of the estate are entitled to the property and they can proceed forward with gathering it and distributing it.

Now, this proceeding is not always available – despite the fact that the deceased person passed away over three years ago.  If you have questions about what the exceptions may be, a Minnesota probate lawyer must be consulted.  Explaining the exceptions to the probate laws would take an entire new article or three.

Minnesota  Decree of Descent Lawyers and Attorneys

If you have an estate where you feel that a Decree of Descent proceeding may be a good choice, contact the law firm to speak with an attorney at 612-424-0398.  The Flanders Law Firm LLC is a Dakota County, Minnesota probate law firm and practices probate law throughout the state of Minnesota.