Formal Probate

(Successor Personal Representative)

© Second Judicial District
State of Minnesota
August 2014

STATE OF MINNESOTA

COUNTY OF RAMSEY	

SECOND JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION	

Estate of 
 
___________________________________________, 

Decedent	
Court File No. _________________________

PETITION FOR FORMAL APPOINTMENT OF SUCCESSOR PERSONAL REPRESENTATIVE 

I, __________________________________________________________, state: 

1.  My address is: ___________________ ___________ ___________________________________________.

2.  I am an interested person as defined by Minnesota law because I am: _______________________________

	______________________________________________________________________________________. 

3.  Decedent died on _____________________________________________.

4.  On ___________________________________ (date), _____________________________ was formally appointed Personal Representative of the Estate in  an unsupervised  a supervised administration in Court File No. _________________________________ upon a petition filed by __________________________, dated ___________________________ (“Petition”).

5.  __________________________________________________, the Personal Representative:
  has filed a Statement to Close and more than one year has elapsed since the Statement to Close was filed.
  has resigned as provided by Minnesota law.
  died on ________________________________________.
  has been removed as Personal Representative by this Court.
  was discharged as Personal Representative on _______________________________________________.
  other: _______________________________________________________________________________.

6.  A Successor Personal Representative is needed:
  to replace the current Personal Representative.
  to administer newly discovered assets.
  other: _____________________________________________________________________________.  

7.  I adopt the statements in the Petition identified in Paragraph 4, above, except as specifically changed or corrected as follows (if none, so state): ______________________________________________________

_____________________________________________________________________________________

____________________________________________________________________________________.

8.	Information about spouse, children, heirs, and other interested persons.  As best as I know or can 
	ascertain with reasonable diligence, the current names, addresses, relationship, and birthdates, if minors, 
	of the decedent’s spouse, children, heirs, devisees, and others interested in this proceeding are set forth 
	below:

Name and Address                	Relationship and Interest			Birthdate (if minor)

9.  ___________________________________________ has priority under Minn. Stat. 524.3-203 for appointment as Successor Personal Representative because: __________________________________ 

	__________________________________________________________________________________

	__________________________________________________________________________________.

and is willing to serve and is not disqualified.
  
10.  The Successor Personal Representative’s address is: _________ _______________________________

___________________________________________________________________________________.

WHEREFORE, I request this Court fix a time and place for a hearing on this Petition and enter an order formally: 

1.	Determining that _________________________________________ is entitled to appointment as Successor Personal Representative;

2.	Appointing  _________________________________________________ as Successor Personal Representative of the Estate, with no bond, in an unsupervised  a supervised administration;

3.	Authorizing the issuance of appropriate letters upon qualification and acceptance; and

4.	Granting such other relief as may be proper.

Under penalties for perjury, I declare or affirm that I have read this document and I know or believe its representations are true and complete. 

Dated: _________________________	________________________________________________
Petitioner	

Attorney for Petitioner:
Name:  _____________________________
Firm Name:  ________________________
Street Address:  ______________________
___________________________________
City, State, Zip:  _____________________
Attorney License No.:  ________________                  
Telephone:  _________________________
Fax:  ______________________________                                
Email: _____________________________	

STATE OF MINNESOTA

COUNTY OF RAMSEY	
SECOND JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION	

Estate of 
                 ____________________________________________, 

Decedent	
Court File No. ______________________

NOTICE AND ORDER OF HEARING ON PETITION FOR APPOINTMENT OF SUCCESSOR PERSONAL REPRESENTATIVE 

It is Ordered and Notice is given that on _______________________, at ___________________, a hearing will be held in this Court at 15 West Kellogg Boulevard, Saint Paul, Minnesota, for the appointment of ____________________________________, whose address is ______________________________________,     as Successor Personal Representative of the Estate of the Decedent in £ an UNSUPERVISED in  £ a SUPERVISED administration.  Any objections to the Petition must be filed with the Court prior to or raised at the hearing.  If proper and if no objections are filed or raised, the Successor Personal Representative will be appointed with full power to continue the administration of the Estate. 

Dated: _______________________________

	BY THE COURT

____________________________________________
Judge of District Court	
Dated: ______________________________

	
____________________________________________
Court Administrator

Attorney for Petitioner:
Name:  _____________________________
Firm Name:  ________________________
Street Address:  ______________________
___________________________________
City, State, Zip:  _____________________
Attorney License No.:  ________________                  
Telephone:  _________________________
Fax:  ______________________________                                
Email: _____________________________	

STATE OF MINNESOTA

COUNTY OF RAMSEY	
SECOND JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION	

Estate of 
                 
_____________________________________________, 
Decedent	
Court File No.:  ____________________________

AFFIDAVIT OF MAILING

STATE OF MINNESOTA

COUNTY OF _____________________
		
ss.	

I, __________________________________________, being first duly sworn on oath state that on ____________________ (date), at _____________________________, MN (city, state), I mailed a copy of the attached (insert name documents being sent below):

___________________________________________________________________________________

___________________________________________________________________________________

to each person or entity named below by mailing a copy in a sealed envelope, postage prepaid, with the U.S. Postal Service as follows: 

Name/Mailing Address

Dated: _____________________
	
______________________________________
Affiant	

Notary Stamp or Seal (or other Title or Rank)

		Signed and sworn to (or affirmed) before me on  ________________________________ (date) by 
_________________________________, Affiant. 

________________________________________________
Signature of Notary Public or Other Official	

STATE OF MINNESOTA

COUNTY OF RAMSEY	
SECOND JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION	

Estate of 
                 ____________________________________________, 
Decedent
	
Court File No. ______________________________

RENUNCIATION OF PRIORITY FOR APPOINTMENT, NOMINATION OF SUCCESSOR PERSONAL REPRESENTATIVE, AND BOND

I, ___________________________________________________________________________, state: 

My address is: __________________________________________________________________________.

I have priority under Minn. Stat. 524.3-203 for appointment as the Successor Personal Representative of this estate and/or a right to nominate the Successor Personal Representative of this estate and/or a right to request bond because I am:  ______________________________________________________________________

______________________________________________________________________________________.

RENUNCIATION:

	Subject to the Nominee’s acceptance and qualification, I renounce priority for appointment, if any, as Successor Personal Representative.  I reserve my priority, if any, if the Nominee fails to qualify or ceases to act as Successor Personal Representative; or

	I reserve my priority for appointment.

NOMINATION:

	I nominate (name and address):  ____________________________________________________________

	______________________________________________________________________________________

	(“Nominee”) as Successor Personal Representative of the estate of the decedent; or

	I decline to nominate a Successor Personal Representative.

BOND:

A bond protects the beneficiaries of the estate against the Successor Personal Representative’s wrongful acts.  The undersigned is an interested person in this estate with an apparent interest in excess of $1,000.00.  I am aware that any bond filed in this estate is to cover damages in the event of mismanagement or misappropriation of funds by the Successor Personal Representative.  I request that:

 bond be required in the amount of $______________________; or

 no bond

be required of _________________________________________, the nominated or appointed Successor Personal Representative of this estate.

Note that the cost of the bond will be paid out of the assets of the estate and could ultimately reduce your distribution.

Under penalties for perjury, I declare or affirm that I have read this documents and I know or believe its representations are true and complete. 

Dated: _______________________________
	
______________________________________
Signature	

Attorney for _________________________:
Name:  _______________________________
Firm Name:  ___________________________
Address:  _____________________________
_____________________________________
City, State, Zip:  _______________________
Attorney License No.:  __________________ 
Telephone:  ___________________________
Fax:  ________________________________
Email:  _______________________________

STATE OF MINNESOTA

COUNTY OF RAMSEY			
                                SECOND JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION	

Estate of 
                 
___________________________________________, 
Decedent	
Court File No.:  _______________________

ACCEPTANCE OF APPOINTMENT
AS SUCCESSOR PERSONAL REPRESENTATIVE
AND OATH BY INDIVIDUAL

STATE OF MINNESOTA

COUNTY OF ______________________________		
ss.	

I, _________________________________________, residing at: ___________________________
_____________________________________________________________________, as a condition to receiving letters as Successor Personal Representative in this Estate, (1) accept the duties of the office, (2) agree to be bound by the provisions of the statutes relating to the office, (3) submit to the jurisdiction of the Court in any proceeding relating to this Estate, and (4) swear that I will faithfully perform all duties of the office that I now assume to the best of my ability.

Dated: _____________________________
	_____________________________________________
Signature of Successor Personal Representative	

NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK):

		Signed and sworn to (or affirmed) before me on __________________________________________ by ____________________________________________.

_____________________________________________
Signature of Notary Public or Other Official	

Attorney for Successor Personal Representative

Name:  __________________________________
Firm Name:  ______________________________
Street Address:  ___________________________
City, State, Zip:  ___________________________
Attorney License No.:  ______________________
Telephone:  _______________________________
Fax:  ____________________________________
Email:  __________________________________

STATE OF MINNESOTA

COUNTY OF RAMSEY	
SECOND JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION	

Estate of 
               _____________________________________________, 

Decedent	
Court File No. _________________________

ORDER FOR FORMAL APPOINTMENT OF SUCCESSOR PERSONAL REPRESENTATIVE 

The Petition for the Formal Appointment of Successor Personal Representative, signed by ____________________________________ came before this Court on  ________________________.  The Court, having considered the Petition, determines the following:

1.  The Petition is complete.

2.  The Petitioner has adopted the statements in the Petition for Formal Appointment of the preceding Personal Representative except as specifically changed or corrected as set forth in the Petitioner’s Petition.

3.  The person appointed below as Successor Personal Representative has priority under Minn. Stat. 524.3-203 and is entitled to be appointed Successor Personal Representative and is willing to serve and is not disqualified to serve as Successor Personal Representative.

4.  Any notice required by Minnesota law has been given.

IT IS ORDERED: 

1.  The Petition is granted. 

2.  _____________________________________________ is formally appointed as the Successor Personal Representative of Decedent’s Estate in   an unsupervised in  £ a supervised administration, with no bond. 

3.  Upon filing any required bond and statement of acceptance and oath, appropriate letters will be issued. 

Dated: __________________________

	BY THE COURT

___________________________________________
Judge of District Court	

STATE OF MINNESOTA

COUNTY OF RAMSEY	
SECOND JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION	

Estate of 
                
 ___________________________________________,

Decedent
	
Court File No.:  _________________________

SUCCESSOR LETTERS 
 TESTAMENTARY
 OF GENERAL ADMINISTATION

1.  The Decedent died on ____________________________________________. 

2.  _________________________________________ has been appointed successor Personal Representative of Decedent’s Estate in 

 an informal unsupervised 
 a formal unsupervised 
 a supervised administration

and is now qualified to act as Successor Personal Representative of the Estate and has authority to administer the Estate according to law. 

Dated: _____________________________

	

___________________________________________
Judge of District Court	

STATE OF MINNESOTA

COUNTY OF RAMSEY	                                SECOND JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION	

Estate of  ________________________________, 
Decedent	
Court File No. ____________________

DELIVERY TO AND RECEIPT BY SUCCESSOR PERSONAL REPRESENTATIVE

1.  I, _______________________, am the Personal Representative of the Decedent’s Estate.

2.   By this instrument, I now deliver to ___________________________, the Successor Personal Representative of the Estate, the following assets: 
		
Homestead	$		
Other Real Estate	$		
Cash	$		
Securities	$		
Joint Tenancy	$		
Insurance	$		
	
3.  I certify that the assets listed in Paragraph 2 constitute all of the assets of the Estate under my control. 

 
Dated: _______________________	
________________________________________________
Personal Representative	

I, ___________________________, the Successor Personal Representative of the Estate, acknowledge receipt of the assets listed above from the Personal Representative.

Dated: _______________________	
________________________________________________
Successor Personal Representative	

STATE OF MINNESOTA

COUNTY OF RAMSEY	
SECOND JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION	

Estate of 
                 _______________________________________________, 

Decedent
	
Court File No. ___________________________

UNSUPERVISED SUCCESSOR
PERSONAL REPRESENTATIVE’S 
STATEMENT TO CLOSE

STATE OF MINNESOTA

COUNTY OF ______________________
		
ss.	

I, ________________________________________________________, the Successor Personal Representative of the Estate, state that I (or a prior Personal Representative whom I have succeeded) have: 

1.  Published notice to creditors.  The date of the notice was more than four months prior to the date of this statement.  

2.  Fully administered this Estate by making payment, settlement or other disposition of all claims which were presented, expenses of administration, estate and other taxes, except as specified in this statement.  

3.  Inventoried the assets of the Estate and distributed them to the persons entitled to them.  Listed are all unpaid claims, expenses or taxes which remain undischarged (if none, so state; otherwise state in detail other arrangements which have been made to accommodate all outstanding liabilities): ____________________

4.  Sent a copy of this statement to all distributees of this Estate and to all creditors or other claimants whose claims are neither paid nor barred and have furnished a full account in writing of this administration to the distributees whose interests are affected by the administration of this Estate. 

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

This statement is filed for the purpose of closing this Estate and terminating my appointment as Successor Personal Representative of the Estate. 

Dated: _________________________________	___________________________________________
Successor Personal Representative	

Notary Stamp or Seal (or other Title or Rank)

		Signed and sworn to (or affirmed) before me on ____________________________________ by _______________________________, Successor Personal Representative.

_________________________________________
Signature of Notary Public or Other Official	

Attorney for Successor Personal Representative:
Name:  _______________________________
Firm Name:  ___________________________
Address:  _____________________________
City, State, Zip:  ________________________
Attorney License No.:  ___________________
Telephone:  ____________________________
Fax:  _________________________________
Email:  _______________________________