There are many situations that can complicate the process of estate settlement. Probate is one of the most common proceedings involved in the settling of an estate. It is not uncommon for probate to take up to 18 months before the estate is closed. However, there are also situations where an estate remains unsettled for even longer. In some cases, a process called Determination of Descent must be used before the estate can be properly settled. If you are faced with Determination of Descent in the state of Minnesota, our attorneys can help.

Qualifying for Determination of Descent

Determination of Descent is not used as frequently as other methods of settling an estate, but it certainly has its place. In order for Determination of Descent to be applied to an estate, the decedent must have been dead for over three years.

Additionally, there must be no existing proceedings in regards to the decedent’s estate. If both of these statements are true, then an individual may apply for Determination of Descent.

For Determination of Descent to be used, an individual must file a petition and pay the required fees. In order for an individual to be eligible to complete the petition, the following factors must be true:

  • You must either be related to the decedent or have a legal interest in that person’s property;
  • The decedent must be dead for more than three years; and
  • A prior probate or administration proceeding must not exist in the state of Minnesota

There are other potential restrictions for a determination petition, so it’s important to ask an attorney prior to filing. Determination of Descent may be used whether the decedent had a Will or not. When Determination of Descent is used, there will be additional paperwork necessary in order to transfer the decedent’s property to the heirs and devisees.

In cases where a petition for Determination of Descent is accepted, the court will make an official determination regarding the division of the decedent’s property and assets. Once the court issues the Decree of Descent, individuals will be able to transfer property or assets by filing the appropriate paperwork.

Before applying for Determination of Descent, it’s important to contact a qualified probate attorney. The statutes regarding Determination of Descent are fairly strict. Seeking advice from someone who has studied the law can go a long way in helping you with your application.

Free Consultation

If you are experiencing a situation that involves Determination of Descent in Minnesota, we are here to help. Our experienced attorneys have represented thousands of clients since 1998. We can provide you with the necessary guidance relating to all probate issues. Contact the Brown Law Offices, P.A. at 763-323-6555 for a free consultation.