§ 525.311 — Contents of Petition
Plain-Language Summary
A petition to determine who inherits property must include the deceased person's name, address, and date of death, a list of heirs and their addresses, a description of the property, and whether the person died with or without a will.
525.311 524.8-102
525.311 CONTENTS OF PETITION.
Such petition shall show so far as known to the petitioner:
(1) the name of the decedent, the place of residence, the date and place of death, the age and address at such date, and whether the decedent died testate or intestate;
(2) the names, ages, and addresses of heirs, personal representatives, and devisees;
(3) that no will or authenticated copy of a will probated outside of this state in accordance with the laws in force in the place where probated has been probated nor proceedings had in this state;
(4) a description of the real or personal property, or interest therein and if a homestead, designated as such, the interest therein of the decedent, the value thereof at the date of death, and the interest therein of the petitioner;
(5) if the decedent left a will which has not been probated in this state, such will or authenticated copy of a will probated outside of this state in accordance with the laws in force in the place where probated shall be filed and the petition shall contain a prayer for its probate;
(6) that the devisee or successors and assigns possess the property devised in accordance with the will, any heir or a successor and assigns possess such property which passes to such heir under the laws of intestate succession in force at the decedent’s death, or such property was not possessed or claimed by anyone by virtue of the decedent’s title during the time period for testacy proceedings;
(7) in any such proceeding wherein it appears that the property affected descends through several decedents under circumstances qualifying for a descent proceeding under this section in each case, the court in its discretion may consolidate the proceedings into one and may accept the filing of one petition for the several decedents where no interests are prejudiced thereby. The notice and other requirements of this section and sections 525.31 and 525.312 shall be complied with, and the matter shall be then adjudicated under one title combining the names of the several decedents and making appropriate findings for each decedent and determining heirship.
History:
1975 c 347 s 100; 1986 c 444
History: History: 1975 c 347 s 100; 1986 c 444