Informal Probate

(Successor Personal Representative)

© Second Judicial District
State of Minnesota
February 2014

STATE OF MINNESOTA

COUNTY OF RAMSEY	
SECOND JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION	

Estate of 
                 
 ___________________________________________, 

Decedent	
Court File No.:  _________________________

APPLICATION FOR INFORMAL
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 (date) _____________________________________.

4.  On ___________________ (date), ______________________________ (personal representative), was   informally OR  formally appointed personal representative of the Decedent in an unsupervised  administration in Court File No. ___________________________________. 

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.
	 is deceased, having died on _____________________________________. 
	 other: __________________________________________________________________________.

6.  A successor personal representative is needed:
 to replace the current personal representative. 
	 to administer newly discovered assets. 
 other:  ____________________________________________________________________________.

7.  _____________________________________ has priority under Minn. Stat. 524.3-203 for appointment as successor personal representative because _______________________________________________ and is willing to serve and is not disqualified.  

8.  The successor personal representative’s street address is _________________________________________.

9.  I adopt the statements in the Application or Petition for appointment identified at Paragraph 4, EXCEPT AS specifically changed or corrected as follows:  _______________________________________________.

10.	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)

(please attach an additional sheet if more room is needed)

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WHEREFORE, I request the Registrar informally:  

1.  Enter an order appointing ______________________________________ as successor personal representative, with ____________ bond; 

2.  Issue appropriate letters to the successor personal representative; and 

3. 	Grant 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.  

Date: ________________________	
______________________________________
Applicant	

Attorney for Applicant

Name:  _______________________________
Firm Name:  ____________________________
Street Address:  _________________________
City, State, Zip:  _________________________
Attorney License No.:  ____________________  
Telephone:  ____________________________
Fax:  __________________________________                             
Email:  ________________________________

	

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STATE OF MINNESOTA

COUNTY OF RAMSEY	
SECOND JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION	

Estate of 

____________________________________________, 

Decedent
	
Court File No.:  __________________

NOTICE ON APPLICATION FOR INFORMAL APPOINTMENT OF SUCCESSOR PERSONAL REPRESENTATIVE 

Notice is given for the appointment of ____________________________________________, whose address is:

_______________________________________________________________________________________

_______________________________________________________________________________________

as Successor Personal Representative of the Estate of the Decedent in an unsupervised administration.  Any objections to the Application must be filed with the Ramsey County Probate Court at 15 West Kellogg Boulevard, Suite 650, St. Paul, MN 55102 within fourteen days from service of this Notice on you.  If proper and if no objections are filed or raised, the Successor Personal Representative will be appointed with full powers to continue the administration of the Estate. 

Dated: _______________________________

	BY THE COURT

____________________________________________
Registrar	
Dated: _______________________________	______________________________________
Deputy Court Administrator

Attorney for Applicant

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 _______________________________________ (city, state), I mailed a copy of the attached Notice on Application for Informal Appointment of Successor Personal Representative 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:  _______________________________

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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 INFORMAL APPOINTMENT OF SUCCESSOR PERSONAL REPRESENTATIVE 

The Application for Informal Appointment of a Successor Personal Representative, signed by ____________________________________, came before the Registrar on ____________________________.  The Registrar, having considered the Application, determines the following:

1.  The Application is complete.

2.  The Applicant has adopted the statements in the Application or Petition for Appointment of the preceding personal representative except as specifically changed or corrected as set forth in the Applicant’s Application.

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

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

IT IS ORDERED: 

1.  The Application is granted. 

2.  ______________________________________ is informally appointed as the successor personal representative of the Decedent’s Estate with no bond. 

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

Dated: _____________________________
	___________________________________________
Registrar 	

STATE OF MINNESOTA

COUNTY OF RAMSEY	
SECOND JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION	

Estate of 
                
 ___________________________________________,

Decedent
	
Court File No.:  _________________________

SUCCESSOR LETTERS 
  TESTAMENTARY
  OF GENERAL ADMINISTRATION

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: _____________________________

(COURT SEAL)	

___________________________________________
Registrar	

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:  _______________________________

NOTE: Appointment of the Successor Personal Representative terminates one year following the filing of this statement with the court.  Letters of appointment remain in full force and effect during that year. 

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