Establishing secure connection…Loading editor…Preparing document…

Decree of Descent

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

FORM NO. 89-M Uniform Conveyancing Blanks

DECREE OF DESCENT

State of Minnesota,

County of

In the Matter of the Estate of

IN PROBATE COURT,

File No.

)

)

)

Deceased

Decree of Descent

The above-entitled matter came to be heard on the day of 20 upon the petition of

praying for the judicial determination of the descent of the real estate hereinafter described belonging to said decedent at the time of death. The said petitioner appeared in person and appeared in opposition to said petition; and the court having duly considered said petition, and the evidence adduced in relation thereto finds the following facts:

FIRST--That due notice of said hearing was given by publication of the order for hearing on said petition heretofore entered herein.

SECOND--That the petitioner's interest in the lands hereinafter described is as follows, to-wit:

THIRD--That the above named decedent died at in the County of

State of on the day of 20 leaving last will and testament and that more than five years have elapsed since the death of said decedent, and that no will or authenticated copy of a will duly proved and allowed outside of this state in accordance with the laws in force in the place where proved has been admitted to probate nor administration had in this state.

FOURTH--That said decedent, at the time of death, was the owner and seized of the tract of land in the County of State of Minnesota, described as follows, to-wit:

FIFTH--That the following named persons are the of said decedent and the person entitled to estate and the lands herein described, to-wit:

AS A CONCLUSION FROM THE FOREGOING FACTS, IT IS ORDERED, ADJUDGED AND DECREED, That all and singular the above described lands descended to, and are the property of, the above named person and that the same be, and hereby are, vested in and assigned to the above named person in the following proportions, to-wit:

To Have and to Hold the Same, together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the said above named persons their heirs and assigns; without prejudice, however, to any lawful conveyance of said property or any part thereof by said persons or any of them, made.

Dated at this day of 20

Judge of Probate

PROBATE COURT

State of Minnesota )

County of ) ss.

I, of the Probate Court, within and for said County, and Custodian of the Seal and Records of said Court, do hereby certify that I have compared the foregoing copy with the original record thereof preserved in this office and have found the same to be a correct transcript of the whole thereof.

In Testimony Whereof, I have hereunto subscribed my name and affixed the Seal of the said Court, at in said County, this day of 20

of the Probate Court.

Enter text

What a Decree of Descent Is and when courts issue it

A Decree of Descent is a probate court order that identifies the legal heirs of a decedent and directs how the decedent's property passes when there is no controlling will or when distribution requires court determination. The decree establishes title or ownership interests, often enabling county recorders to accept and index transfers of real property. Courts issue decrees after reviewing petitions, verifying heirs, and confirming intestacy rules under state succession statutes; the form and process vary by jurisdiction and may affect recording, taxes, and subsequent conveyances.

Why a Decree of Descent matters in probate and title transfer

A Decree of Descent provides clear legal authority to transfer assets, resolves competing claims, and creates a record acceptable to title insurers and land registries.

Why a Decree of Descent matters in probate and title transfer

Who prepares, reviews, and relies on the Decree of Descent

Typical participants include family heirs, probate attorneys, personal representatives, and title professionals who need formal court authorization to transfer property.

  • Heirs and beneficiaries — Petitioners seeking legal title and possession after intestacy.
  • Probate attorneys / personal representatives — Draft and file petitions; present proof of kinship.
  • Title companies / recorders — Rely on decree to insure and record property transfers.

Core elements included in a professional Decree of Descent

A complete Decree of Descent organizes factual material, legal findings, and clear orders so it can be entered by the probate court and used for recording transfers or settling accounts.

Court Caption

Identifies the court, case number, and parties; ensures the document can be filed and matched to the probate docket for public record and future reference.

Decedent Details

Full legal name, date of death, last residence, and any identifying numbers; these facts anchor the proceeding to the correct estate and prevent confusion with similarly named individuals.

Heirs and Interests

A detailed list of heirs, their relationships, addresses, and the percentage or share each inherits per state intestacy law.

Property Description

Legal description of real property (parcel numbers, metes and bounds, or recorded deed references) that the recorder will use to index the transfer.

Legal Basis

Citation of the intestacy statute or case findings supporting distribution, plus any facts the court relied on to identify heirs and resolve contests.

Court Order Language

Clear operative language directing transfer, vesting title, and authorizing recordation, along with signature line and judicial attestation.

Required factual items to include on the decree

Decedent name: Full legal name
Date of death: MM/DD/YYYY format
Heir names: Full names and relationships
Property ID: Parcel or legal description
Case number: Probate docket number
Notarial text: Judge signature and seal

Step-by-step: preparing and filing a Decree of Descent

Follow these essential steps to prepare, file, and record a Decree of Descent so the court can enter a clear order and county recorders can accept transfers.

  • 01
    Gather documents: Collect death certificate, prior deeds, and heir proof
  • 02
    Draft petition: Prepare petition and proposed decree for filing
  • 03
    File with court: Submit petition to probate clerk and pay fees
  • 04
    Record decree: After entry, file decree with county recorder

Recommended digital workflow settings for completing the decree

Configure a secure, auditable workflow that captures signatures, attachments, and identity verification before submitting documents to the court.

Field Configuration
Signature Type Allow electronic or handwritten signatures; preserve audit trail
Authentication Use email plus SMS code or stronger KBA for identity proof
Notary / RON Enable remote online notarization where state law permits
Record Format Export final decree as PDF/A for archival purposes

From petition to recorded transfer: process overview

This flow summarizes how a petition becomes an enforceable decree and how the decree is used to record property transfers.

  • File Petition: Submit petition and proposed decree to probate clerk
  • Court Review: Court verifies heirs, evidence, and statutory basis
  • Enter Decree: Judge signs and the clerk enters the decree
  • Record Deed: File decree and any deed with county recorder

Technical considerations for eSigning and submitting the decree

Use platforms that produce tamper-evident PDFs, retain audit trails, and support required signer authentication for court filings and recorders.

  • File formats: PDF, PDF/A, DOCX supported
  • Integrations: Works with Microsoft 365, Google Workspace, NetSuite
  • Authentication: Email, SMS, and advanced options available

Choose a platform that documents signer attribution, preserves a certificate of completion, and can export immutable signed PDFs for submission to courts and county recorders.

Timing and expected processing steps to keep in mind

Deadlines and processing times for Decrees of Descent vary by state and by court caseload; plan for drafting, filing, hearing, and recording stages.

Filing Window:

File promptly; some issues worsen with delay

Court Hearing:

Scheduling ranges from weeks to months by county

Decree Entry:

Court issues signed decree on entry date

Recorder Acceptance:

Recording may require additional forms or fees

Retention of RON Session:

Audio/video records retained per state RON rules

Key milestones from petition to recorded title

Track these sequential milestones to manage tasks and expectations during the probate and recording lifecycle.

01

Prepare Petition

Assemble proof of death, title, and heirship for filing

02

File with Probate

Submit documents to the probate clerk and pay fees

03

Court Proceedings

Court examines evidence and resolves any contests

04

Record Decree

After entry, record decree and transfer documents

Common legal and practical risks from incomplete or incorrect decrees

Title defects: May expose transfers to challenge
Recording delays: Can block sales or refinancing
Tax exposure: Missed tax filings or liabilities
Disputed heirs: Increases litigation risk
Invalid signatures: Court or recorder rejection
Notary failure: Decree may be deemed defective

eSignature vendor pricing and feature snapshot relevant to Decree of Descent workflows

This vendor comparison highlights starting prices and key capabilities to consider for secure signing, bulk distribution, audit trails, and HIPAA needs; signNow is listed first per guidance.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no card Free trial available Free trial available Free trial available Free trial available
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Decrees of Descent and electronic handling

Answers to common issues when preparing, signing, notarizing, or recording a Decree of Descent, focused on U.S. legal and procedural concerns.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users