Prepared by U.S. Legal Forms, Inc.
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STATE OF MINNESOTA
SUMMARY ADMINISTRATION PACKAGE
Control Number – MN – ET20
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SUMMARY ADMINISTRATION PACKAGE
MN-ET20
INCLUDED:
Form One - Petition for Summary Administration.
Form Two - Order Approving Petition and Distribution
Form Three - Inventory and Accounting Form
Form Four - Sworn Closing Statement
Selected Minnesota Statutes
PLEASE NOTE: The following is a limited set of instructions regarding the use of the included
forms. This in no way should be considered a complete discussion of the process of probating
an estate. Minnesota statutes regarding probate are complex, and care should be taken to read
and understand applicable statutes. Consultation with a knowledgeable attorney is always
advised.
Step One – Submit a petition to the probate court requesting to be named as the estate
administrator and requesting summary administration of the estate
Step Two – Contact the court administrator regarding a hearing date for the petition.
Step Three – Upon approval of petition by probate judge, tender to the judge an order
approving the petition.
Step Four – Prepare an accounting of the estate and provide a copy to any interested
party.
Step Six – File a closing statement.
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IN THE ________________________ COURT OF
__________________ , COUNTY, MINNESOTA
In the Matter of the Estate of
Case. No ____________
______________________________
Deceased
PETITION FOR SUMMARY ADMINISTRATION AND DISTRIBUTION
COMES NOW, ______________________________ , and files this Petition for
Summary Administration and Distribution of the Estate of
______________________________ , and would show unto the court as follows:
1. The petitioner, ______________________________ , of the following address,
____________________________________ , holds an interest in the estate of the
deceased through the following relationship, that of __________________ .
2. The decedent, ______________________________ , aged ______ years, a
resident of __________________ County, residing at
________________________________________________________________________
, passed from this life at on the ______ day of __________________ , 20 ______ , with
without a will.
3. The Decedent has no estate.
Any property belonging to the estate has been destroyed, abandoned, lost, or
rendered valueless, and no recovery can or has been had for it.
There is no property belonging to the estate except property recovered for
death by wrongful act.
There is no property belonging to the estate that is not exempt from all debts
and charges of the probate court.
There is no property belonging to the estate except exempt property that the
decedent’s surviving spouse and/or minor children are entitled to under Minn. Stat. Ann.
§ 524.2-403 and/or Minn. Stat. Ann. § 524.2-404, and expenses and claims allowed by
Minn. Stat. Ann. § 524.3-805.
4. The following is a list of heirs, legatees, and devisees of the Decedent:
Name Address Relationship to Decedent
Name Address Relationship to Decedent
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Name Address Relationship to Decedent
Name Address Relationship to Decedent
Name Address Relationship to Decedent
Name Address Relationship to Decedent
Name Address Relationship to Decedent
5. The Petitioner, ______________________________ , is a just and fitting party to
administer this estate and further that the estate of the Decedent should be closed
summarily for the reason that all of the property in the estate is exempt from all debts
and charges in the probate court.
WHEREFORE, PREMISES CONSIDERED, the petitioner would respectfully request
that this Court issue an order:
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A. Naming the Petitioner, ______________________________ as the
personal representative of the estate.
B. Providing that the administration of this estate should be closed
summarily for the reason that all the property of the estate is exempt from all debts and
charges in the probate court,
C. That the property of the decedent, if any, be immediately distributed,
without further notice, to persons entitled to it under the terms of the decedent’s will, if
any, or if there is no will, under the law of intestate succession in force at the time of the
decedent’s death,
D. Summarily determine the heirs, legatees, and devisees of the decedent and
further order that said heirs, legatees, and devisees, be assigned their share of the
proceeds of the estate, if any.
Under penalties of perjury, the undersigned declares that he is the petitioner
named in the foregoing petition and knows the contents thereof; that the pleading is true
of his own knowledge, except as to those matters stated on information and belief, and
that as to such matters he believes it to be true.
This the ______ day of __________________ , 20 ______ .
____________________________________
Petitioner
STATE OF MINNESOTA
COUNTY OF __________________
This instrument was acknowledged before me on ____________ day of
__________________ , 20 ______ by ______________________________ .
Notary Public
My commission expires:
Type or Print Name
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IN THE ________________________ COURT OF
__________________ , COUNTY, MINNESOTA
In the Matter of the Estate of
Case. No ____________
______________________________
Deceased
ORDER APPROVING PETITION
Upon consideration of the petition of ______________________________ , this
Court finds that said Petition is well taken and it is hereby ordered and adjudged that
1. The Petitioner, ______________________________ shall act as the
personal representative for the summary administration of this estate.
2. The administration of this estate should be closed summarily for the
reason that all the property of the estate is exempt from all debts and charges of this
Court.
3. The property of the decedent, if any, shall be immediately distributed,
without further notice, to persons entitled to it under the terms of the decedent’s will, if
any, or if there is no will, under the law of intestate succession in force at the time of the
decedent’s death,
4. The heirs, legatees, and devisees of the decedent are summarily found by
this to be as follows, and further it is hereby ordered that said heirs, legatees, and
devisees, be assigned their share of the proceeds of the estate, if any, as follows:
Name Relationship Share or Part of Estate
ORDERED AND ADJUDGED THIS THE _______ DAY OF _________________,
20_____.
_______________________________
Judge of the Probate Court
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Inventory and Distribution
COMES NOW , ______________________________ , as duly appointed administrator of
the estate of ______________________________ , deceased, and pursuant to Minnesota
statute, provides the following inventory and appraisement of the assets of the estate.
ASSET DESCRIPTION FAIR MARKET VALUE DEBTS OWED ON
ASSET, IF ANY.
2. The above assets of the estate have been distributed as follows:
Asset Value Distributed to:
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This the ______ day of _____________________, 20_____.
_________________________________
Personal Administrator
IN THE ________________________ COURT OF
__________________ , COUNTY, MINNESOTA
In the Matter of the Estate of
Case. No ____________
______________________________
Deceased
Sworn Closing Statement
1. COMES NOW, ______________________________ , as the Personal
Representative of the estate of the Decedent, ______________________________ , and
hereby files this sworn closing statement pursuant to Minnesota Statute §524.3-1204.
2. To the best knowledge of the personal representative, the value of the entire
estate, less liens and encumbrances, did not exceed an exempt homestead as provided for
in §524.2-402, the allowances provided for in §524.2-403 and §524.2-404, costs and
expenses of administration, reasonable funeral expenses, and reasonable, necessary
medical and hospital expenses of the last illness of the decedent.
3. The personal representative has fully administered the estate by disbursing and
distributing it to the persons entitled thereto.
4. The personal representative has sent a copy of the closing statement to all
distributees of the estate and to all creditors or other claimants whose claims are neither
paid nor barred and has furnished a full account in writing of the personal
representative’s administration to the distributees whose interests are affected.
I have read the foregoing Statement and know of my own knowledge that the
facts stated therein are true and correct.
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This the ______ day of __________________ , 20 ______ .
___________________________________
Signature
Subscribed and sworn to or affirmed before me at ______________________________
on the ______ day of __________________ , 20 ______ .
____________________________________________
Signature of Officer
____________________________________________
Title of Officer
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STATE OF MINNESOTA
COUNTY OF __________________
This instrument was acknowledged before me on ____________ day of
__________________ , 20 ______ by ______________________________ .
Notary Public
My commission expires:
Type or Print Name
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Minnesota Statutes as of February 23, 2004
524.2-403 Exempt property.
(a) If there is a surviving spouse, then, in addition to the homestead
and family allowance, the surviving spouse is entitled from the estate to:
(1) property not exceeding $10,000 in value in excess of any security
interests therein, in household furniture, furnishings, appliances, and
personal effects, subject to an award of sentimental value property under
section 525.152 ; and
(2) one automobile, if any, without regard to value.
(b) If there is no surviving spouse, the decedent's children are
entitled jointly to the same property as provided in paragraph (a),
except that where it appears from the decedent's will a child was omitted
intentionally, the child is not entitled to the rights conferred by this
section.
(c) If encumbered chattels are selected and the value in excess of
security interests, plus that of other exempt property, is less than
$10,000, or if there is not $10,000 worth of exempt property in the
estate, the surviving spouse or children are entitled to other personal
property of the estate, if any, to the extent necessary to make up the
$10,000 value.
(d) Rights to exempt property and assets needed to make up a deficiency
of exempt property have priority over all claims against the estate, but
the right to any assets to make up a deficiency of exempt property abates
as necessary to permit earlier payment of the family allowance.
(e) The rights granted by this section are in addition to any benefit
or share passing to the surviving spouse or children by the decedent's
will, unless otherwise provided, by intestate succession or by way of
elective share.
(f) No rights granted to a decedent's adult children under this section
shall have precedence over a claim under section 246.53 , 256B.15 , 256D.16 ,
261.04 , or 524.3-805 , paragraph (a), clause (1), (2), or (3).
HIST: 1994 c 472 s 33; 1996 c 338 art 2 s 2; 1996 c 451 art 2 s 54; 1997
c 9 s 7; 1998 c 262 s 9
524.1-401 Notice; method and time of giving.
(a) If notice of a hearing on any petition is required and except for
specific notice requirements as otherwise provided, the petitioner shall
cause notice of the time and place of hearing of any petition to be given
to any interested person or the person's attorney if the person has
appeared by attorney or requested that notice be sent to the attorney.
Notice shall be given:
(1) by mailing a copy thereof at least 14 days before the time set for
the hearing by certified, registered or ordinary first class mail
addressed to the person being notified at the post office address given
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in the demand for notice, if any, or at the demander's office or place of
residence, if known;
(2) by delivering a copy thereof to the person being notified
personally at least 14 days before the time set for the hearing; or
(3) if the address, or identity of any person is not known and cannot
be ascertained with reasonable diligence, by publishing once a week for
two consecutive weeks, a copy thereof in a legal newspaper in the county
where the hearing is to be held, the last publication of which is to be
at least 10 days before the time set for the hearing.
(b) The court for good cause shown may provide for a different method
or time of giving notice for any hearing.
(c) Proof of the giving of notice shall be made on or before the
hearing and filed in the proceeding.
(d) No defect in any notice nor in publication or in service thereof
shall limit or affect the validity of the appointment, powers, or other
duties of the personal representative. Any of the notices required by
this section and sections 524.3-306 , 524.3-310 , 524.3-403 and 524.3-801
may be combined into one notice.
HIST: 1974 c 442 art 1 s 524.1-401; 1975 c 347 s 20; 1986 c 444
524.3-805 Classification of claims.
(a) If the applicable assets of the estate are insufficient to pay all
claims in full, the personal representative shall make payment in the
following order:
(1) costs and expenses of administration;
(2) reasonable funeral expenses;
(3) debts and taxes with preference under federal law;
(4) reasonable and necessary medical, hospital, or nursing home
expenses of the last illness of the decedent, including compensation of
persons attending the decedent, a claim filed under section 256B.15 for
recovery of expenditures for alternative care for nonmedical assistance
recipients under section 256B.0913 , and including a claim filed pursuant
to section 256B.15 ;
(5) reasonable and necessary medical, hospital, and nursing home
expenses for the care of the decedent during the year immediately
preceding death;
(6) debts with preference under other laws of this state, and state
taxes;
(7) all other claims.
(b) No preference shall be given in the payment of any claim over any
other claim of the same class, and a claim due and payable shall not be
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entitled to a preference over claims not due, except that if claims for
expenses of the last illness involve only claims filed under section
256B.15 for recovery of expenditures for alternative care for nonmedical
assistance recipients under section 256B.0913 , section 246.53 for costs
of state hospital care and claims filed under section 256B.15 , claims
filed to recover expenditures for alternative care for nonmedical
assistance recipients under section 256B.0913 shall have preference over
claims filed under both sections 246.53 and other claims filed under
section 256B.15 , and claims filed under section 246.53 have preference
over claims filed under section 256B.15 for recovery of amounts other
than those for expenditures for alternative care for nonmedical
assistance recipients under section 256B.0913 .
HIST: 1975 c 347 s 58; 1982 c 621 s 2; 1982 c 641 art 1 s 19; 1983 c 180
s 19; 1986 c 444; 1987 c 325 s 2; 1 Sp 2003 c 14 art 2 s 52
524.3-1203 Summary proceedings.
Subdivision 1. Petition and payment. Upon petition of an interested
person, the court, with or without notice, may determine that the decedent
had no estate, or that the property has been destroyed, abandoned, lost, or
rendered valueless, and that no recovery has been had nor can be had for
it, or if there is no property except property recovered for death by
wrongful act, property that is exempt from all debts and charges in the
probate court, or property that may be appropriated for the payment of the
property selection as provided in section 524.2-403 , the allowances to the
spouse and children mentioned in section 524.2-404 , and the expenses and
claims provided in section 524.3-805 , paragraph (a), clauses (1) to (6),
inclusive, the personal representative by order of the court may pay the
estate in the order named. The court may then, with or without notice,
summarily determine the heirs, legatees, and devisees in its final decree
or order of distribution assigning to them their share or part of the
property with which the personal representative is charged.
Subd. 2. Final decree or order. If upon hearing of a petition for
summary assignment or distribution, for special administration, or for
any administration, or for the probate of a will, the court determines
that there is no need for the appointment of a representative and that
the administration should be closed summarily for the reason that all of
the property in the estate is exempt from all debts and charges in the
probate court, a final decree or order of distribution may be entered,
with or without notice, assigning that property to the persons entitled
to it under the terms of the will, or if there is no will, under the law
of intestate succession in force at the time of the decedent's death.
Subd. 3. Summary distribution. Summary distribution may be made under
this section in any proceeding of any real, personal, or other property
in kind in reimbursement or payment of the property selection as provided
in section 524.2-403 , the allowances to the spouse and children mentioned
in section 524.2-404 , and the expenses and claims provided in section
524.3-805 , paragraph (a), clauses (1) to (6), inclusive, in the order
named, if the court is satisfied as to the propriety of the distribution
and as to the valuation, based upon appraisal in the case of real estate
other than homestead, of the property being assigned to exhaust the
assets of the estate.
Subd. 4. Personal representative. Summary proceedings may be had with
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or without the appointment of a personal representative. In all summary
proceedings in which no personal representative is appointed, the court
may require the petitioner to file a corporate surety bond in an amount
fixed and approved by the court. The condition of the bond must be that
the petitioner has made a full, true, and correct disclosure of all the
facts related in the petition and will perform the terms of the decree or
order of distribution issued pursuant to the petition. Any interested
person suffering damages as a result of misrepresentation or negligence of
the petitioner in stating facts in the petition pursuant to which an
improper decree or order of distribution is issued, or the terms of the
decree or order of distribution are not performed by the petitioner as
required, has a cause of action against the petitioner and the surety to
recover those damages in the court in which the proceeding took place.
That court has jurisdiction of the cause of action.
Subd. 5. Exhaustion of estate. In any summary, special, or other
administration in which it appears that the estate will not be exhausted
in payment of the priority items enumerated in subdivisions 1 to 4, the
estate may nevertheless be summarily closed without further notice, and
the property assigned to the proper persons, if the gross probate
estate, exclusive of any exempt homestead as defined in section 524.2-402 ,
and any exempt property as defined in section 524.2-403 , does not exceed
the value of $100,000. If the closing and distribution of assets is made
pursuant to the terms of a will, no decree shall issue until a hearing has
been held for formal probate of the will as provided in sections 524.3-401
to 524.3-413 .
No summary closing of an estate shall be made to any distributee under
this subdivision, unless a showing is made by the personal representative
or the petitioner, that all property selected by and allowances to the
spouse and children as provided in section 524.2-403 and the expenses and
claims provided in section 524.3-805 have been paid, and provided,
further, that a bond shall be filed by the personal representative or the
petitioner, conditioned upon the fact that all such obligations have been
paid and that all the facts shown on the petition are true, with
sufficient surety approved by the court in an amount as may be fixed by
the court to cover potential improper distributions. If a personal
representative is appointed, the representative's bond shall be
sufficient for such purpose unless an additional bond is ordered, and the
sureties on the bond shall have the same obligations and liabilities as
provided for sureties on a distribution bond.
In the event that an improper distribution or disbursement is made in a
summary closing, in that not all of said obligations have been paid or
that other facts as shown by the personal representative or the
petitioner, are not true, resulting in damage to any party, the court may
vacate its summary decree or closing order, and the petitioner or the
personal representative, together with the surety, shall be liable for
damages to any party determined to be injured thereby as herein
provided. The personal representative, petitioner, or the surety, may seek
reimbursement for damages so paid or incurred from any distributee or
recipient of assets under summary decree or order, who shall be required
to make a contribution to cover such damages upon a pro rata basis or as
may be equitable to the extent of assets so received. The court is hereby
granted complete and plenary jurisdiction of any and all such proceedings
and may enter such orders and judgments as may be required to effectuate
the purposes of this subdivision.
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Any judgment rendered for damages or the recovery of assets in such
proceedings shall be upon petition and only after hearing held thereon on
14 days' notice of hearing and a copy of petition served personally upon
the personal representative and the surety and upon any distributee or
recipient of assets where applicable. Any action for the recovery of
money or damages under this subdivision is subject to the time and other
limitations imposed by section 525.02 .
HIST: 1974 c 442 art 3 s 524.3-1203; 1975 c 347 s 69; 1995 c 130 s 20;
2000 c 362 s 3
524.3-1204 Small estates; closing by sworn statement of personal
representative.
(a) Unless prohibited by order of the court and except for estates
being administered by supervised personal representatives, a personal
representative may close an estate administered under the summary
procedures of section 524.3-1203 by filing with the court, at any time
after disbursement and distribution of the estate, a statement stating
that:
(1) to the best knowledge of the personal representative, the entire
estate, less liens and encumbrances, did not exceed an exempt homestead
as provided for in section 524.2-402 , the allowances provided for in
sections 524.2-403 and 524.2-404 , costs and expenses of administration,
reasonable funeral expenses, and reasonable, necessary medical and
hospital expenses of the last illness of the decedent;
(2) the personal representative has fully administered the estate by
disbursing and distributing it to the persons entitled thereto; and
(3) the personal representative has sent a copy of the closing
statement to all distributees of the estate and to all creditors or other
known claimants whose claims are neither paid nor barred and has
furnished a full account in writing of the personal representative's
administration to the distributees whose interests are affected.
(b) If no actions or proceedings involving the personal representative
are pending in the court one year after the closing statement is filed,
the appointment of the personal representative terminates.
(c) A closing statement filed under this section has the same effect as
one filed under section 524.3-1003 .
HIST: 1974 c 442 art 3 s 524.3-1204; 1975 c 347 s 70; 1976 c 161 s 14;
1986 c 444; 1996 c 305 art 1 s 114
524.1-310 Verification of filed documents.
Every document filed with the court under this chapter or chapter 525
shall be verified except where the requirement of verification is waived by
rule and except in the case of a pleading signed by an attorney in
accordance with the rules of civil procedure. Whenever a document is
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required to be verified:
(1) such verification may be made by the unsworn written declaration of
the party or parties signing the document that the representations made
therein are known or believed to be true and that they are made under
penalties for perjury, or
(2) such verification may be made by the affidavit of the party or
parties signing the document that the representations made therein are
true or believed to be true.
A party who makes a false material statement not believing it to be
true in a document the party verifies in accordance with the preceding
sentence and files with the court under this chapter or chapter 525 shall
be subject to the penalties for perjury.
HIST: 1974 c 442 art 1 s 524.1-310; 1976 c 161 s 3; 1986 c 444
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