Petition for Formal Probate of Will and Appointment of Personal Representative (Minnesota)

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

STATE OF MINNESOTA — DISTRICT COURT — [COUNTY] COUNTY — [____] JUDICIAL DISTRICT — PROBATE DIVISION

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Beneficiaries Under the Will
7. Heirs at Law Entitled to Notice
8. Nomination and Priority of Personal Representative
9. Bond
10. Prayer for Relief
11. Verification
12. Notice of Hearing / Certificate of Service
13. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN RE: THE ESTATE OF

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Decedent.

Court File No.: [____________________________________]

Hearing Date: [__/__/____] Time: [____] Judge: [____________]

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Minnesota [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Personal Representative (Executor) nominated in the Decedent's Will
Relationship to Decedent: [RELATIONSHIP]

Petitioner is an "interested person" within the meaning of Minn. Stat. § 524.1-201 and is qualified to petition for formal probate and appointment.

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. Venue is proper in this county under Minn. Stat. § 524.3-201 because the Decedent was domiciled in [COUNTY] County, Minnesota at the time of death.

b. ☐ The Decedent was not domiciled in Minnesota, but venue is proper here because property of the Decedent was located in this county at the time of death (§ 524.3-201(a)(2)).

c. The Decedent died on [__/__/____], leaving a Last Will and Testament; the Decedent died testate.

d. ☐ No personal representative has been appointed in this or any other jurisdiction whose appointment has not been terminated, except: [________________________________________________].

e. More than 120 hours have elapsed since the Decedent's death, and this Petition is brought within the period allowed by Minn. Stat. § 524.3-108.

5. THE WILL OFFERED FOR PROBATE

a. Petitioner offers for formal probate the Decedent's Last Will and Testament dated [__/__/____], together with the following codicil(s): [LIST CODICIL DATES, OR "NONE"].

b. As required by Minn. Stat. § 524.3-402, the original of the Decedent's last will ☐ accompanies this Petition ☐ is in the possession of the Court. ☐ The original will is neither in the Court's possession nor attached and no authenticated copy probated elsewhere accompanies this Petition; the contents of the will and the reason it is lost/destroyed/unavailable are stated in the attached statement.

c. Petitioner requests an order as to the testacy of the Decedent in relation to the instrument offered and determining the heirs.

d. Self-Proving Status (Minn. Stat. § 524.2-504):
☐ The Will is self-proved by the acknowledgment of the Testator and the affidavits of the witnesses made before an officer authorized to administer oaths; it may be admitted to probate without testimony of the subscribing witnesses.
☐ The Will is not self-proved; in a contested case, due execution will be proved under Minn. Stat. § 524.3-406.

e. Attesting Witnesses:

f. After diligent search, the instrument offered is, to the best of Petitioner's knowledge, the Decedent's last will, was validly executed, and Petitioner is unaware of any instrument revoking it.

6. DEVISEES AND BENEFICIARIES UNDER THE WILL

The devisees named in the Will, who are interested persons entitled to notice under Minn. Stat. § 524.3-403:

7. HEIRS AT LAW ENTITLED TO NOTICE

The spouse and other heirs of the Decedent who would take by intestate succession (Minn. Stat. §§ 524.2-101 to 524.2-103), who are interested persons entitled to notice:

8. NOMINATION AND PRIORITY OF PERSONAL REPRESENTATIVE

a. Petitioner has priority for appointment under Minn. Stat. § 524.3-203(a)(1) as the person with priority determined by the probated Will, including a person nominated by a power conferred in the Will.

b. The statutory order of priority (§ 524.3-203(a)) is: (1) the person with priority under a probated will, including one nominated by a power conferred in a will; (2) the surviving spouse who is a devisee; (3) other devisees; (4) the surviving spouse; (5) other heirs; (6) 45 days after death, any creditor; (7) 90 days after death, a conservator not discharged.

c. ☐ Persons of equal or higher priority have renounced and/or nominated Petitioner in writing (renunciations/nominations attached), conferring their priority on Petitioner under § 524.3-203(c).

d. Petitioner is at least 18 years of age and the Court has not found Petitioner unsuitable; Petitioner is therefore not disqualified under § 524.3-203(f).

9. BOND

Pursuant to Minn. Stat. § 524.3-603, no bond is required of a personal representative appointed in formal proceedings if (i) the Will relieves the personal representative of bond, or (ii) all interested persons with an apparent interest exceeding $1,000 (other than creditors) request in writing that no bond be required — unless the Court determines bond is required for the protection of interested persons.

☐ The Will relieves the Petitioner of bond; Petitioner requests appointment without bond (§ 524.3-603).
☐ All interested persons with an apparent interest exceeding $1,000 request in writing that no bond be required (waivers attached).
☐ Petitioner will furnish bond in the amount of $[________________].

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court, after notice and hearing:

a. Adjudicate that the Decedent died testate and that the instrument dated [__/__/____] is the Decedent's valid Last Will and Testament;

b. Admit the Will (and codicil(s)) to formal probate and determine the Decedent's heirs;

c. Appoint Petitioner as Personal Representative of the Decedent's estate in ☐ unsupervised ☐ supervised administration;

d. Issue Letters Testamentary to Petitioner upon qualification;

e. ☐ Dispense with bond ☐ Fix bond in the amount of $[________________];

f. Grant such other and further relief as is just and equitable.

11. VERIFICATION

I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116; § 524.1-310.

Dated: [__/__/____] County and State where signed: [COUNTY], [STATE]

Petitioner Signature: ______________________________________
Printed Name: [PETITIONER FULL LEGAL NAME]

Attorney Signature (if any): ______________________________________
Printed Name: [ATTORNEY NAME]
Minnesota Attorney Reg. No.: [________________]
Address: [________________________________]
Telephone: [________________________________]

12. NOTICE OF HEARING / CERTIFICATE OF SERVICE

Notice (Minn. Stat. §§ 524.3-403, 524.1-401): Upon commencement of a formal testacy proceeding, the petitioner shall give notice of the time and place of hearing to interested persons in the manner prescribed by § 524.1-401: by mailing a copy at least 14 days before the hearing to each interested person at the person's last known address, and by publication once a week for three successive weeks in a legal newspaper in the county, the last publication at least 10 days before the hearing, for persons whose addresses are unknown.

☐ Notice mailed to all interested persons at least 14 days before the hearing (§ 524.1-401(2)).
☐ Notice published once a week for three successive weeks in [NEWSPAPER NAME], a qualified legal newspaper (§ 524.1-401(3)).
☐ Notice to the Commissioner of Human Services, if the Decedent received medical assistance, as required by law.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]

13. ATTACHMENTS CHECKLIST

☐ Petition for Formal Probate of Will and Appointment of Personal Representative
☐ Original Last Will and Testament (and original codicil(s))
☐ Certified copy of Death Certificate
☐ Self-Proving Affidavit (Minn. Stat. § 524.2-504), if any
☐ Renunciations / Nominations of priority persons, if applicable
☐ Notice of Hearing and Affidavit of Mailing / Proof of Publication
☐ Acceptance of Appointment and Oath by Personal Representative
☐ Bond, if required (§ 524.3-603)
☐ Proposed Order for Formal Probate and Appointment
☐ Proposed Letters Testamentary
☐ Confidential Information Form / Filing fee

SOURCES AND REFERENCES

• Minn. Stat. § 524.3-402 (formal probate petition contents): https://www.revisor.mn.gov/statutes/cite/524.3-402
• Minn. Stat. § 524.3-201 (venue): https://www.revisor.mn.gov/statutes/cite/524.3-201
• Minn. Stat. § 524.3-203 (priority): https://www.revisor.mn.gov/statutes/cite/524.3-203
• Minn. Stat. § 524.2-504 (self-proved will): https://www.revisor.mn.gov/statutes/cite/524.2-504
• Minn. Stat. § 524.3-603 (bond): https://www.revisor.mn.gov/statutes/cite/524.3-603
• Minn. Stat. § 524.1-401 (notice): https://www.revisor.mn.gov/statutes/cite/524.1-401
• Minnesota Judicial Branch — Probate forms: https://mncourts.gov/GetForms.aspx