The probate petition requires the petitioner to list heirs of the estate and state whether the heir has survived the decedent by at least 120 hours.
But how should you list an heir who survives the decedent by at least 120 hours, but dies prior to the filing of the petition?
In Hennepin County, list the heir as you normally would and indicate, “NOW DECEASED”, next to the heir’s name. Then, list the personal representative of the heir’s estate as another interested party. If no personal representative has been appointed for the post-deceased heir, list any and all known heirs of the post-deceased heir.
Other counties may follow similar customs. As always, contact your county to determine local custom prior to filing the petition.
{ 0 comments }