Preview
13-PR-23-12
Filed in District Court
State of Minnesota
1/23/2023 10:27 AM
-Tg^rr Miller/Davis Company - millerdavis.com
Form P-205 - MNCLE © 2016 Content created and owned by Minnesota Continuing Legal Education
STATE OF MINNESOTA TENTH JUDICIAL DISTRICT
DISTRICT COURT
COUNTY OF CHISAGO PROBATE DIVISION
Court File No.
Estate of: Jeremy Jon Tharaldson PETITION FOR FORMAL
ADJUDICATION OF INTESTACY,
DETERMINATION OF HEIRS AND
APPOINTMENT OF PERSONAL
Decedent. REPRESENTATIVE
I. Joseph D. Tharaldson ., state:
1. My address is: 707 River Street, Taylors Falls, MN 55084
2. I am an interested person as defined by Minnesota law because I am: The Brother of the
Decedent, and I am nominated as Personal Representative.
Decedent was born on October 23,1980 ., at (city, state) Willmar, Minnesota
Decedent died on January 16,2023 ., at (city, state) Minneapolis, Minnesota
and no more than 3 years (except as
permitted by Minnesota Statutes section 524.3-108) have elapsed since Decedent's death.
5. Decedent's domicile at the time of death was in Chisago County, State of
Minnesota at (address): 29344 Mary Street, Lindstrom, Minnesota
Minn. Stat. §§ 524.3-401 & 524.3-502; P-205 Petition for Formal Adjudication of Intestacy,
Minn. Gen. R. Prac. 409(a) Determination of Heirs and
Appointment of Personal Representative
WARNING - UNAUTHORIZED COPYING OF THIS FORM PROHIBITED
13-PR-23-12
Filed in District Court
State of Minnesota
1/23/2023 10:27 AM
Form P-205 - MNCLE © 2016 Content created and owned by Minnesota Continuing Legal Education
6. The names and addresses of Decedent's spouse, children, heirs and other persons interested in
this proceeding so far as known or ascertainable with reasonable diligence by the Petitioner are:
Name and Familial Relationship AND Birthdate
Mailing Address Legal Interest (List all) Of Minors
No Spouse
No Children
Beverly R. Tharaldson Mother of Decedent, Heir Adult
9075 80th Street NE
Spicer, MN 56288
Donovan K. Tharaldson Father of Decedent, Heir Adult
7990 County Road 40 NE
New London, MN 56273
Joseph D. Tharaldson Brother of Decedent, Nominated Adult
707 River Street Personal Representative
Taylors Falls, MN 55084
(Attach separate schedule, if necessary)
Minn. Stat. §§ 524.3-401 & 524.3-502; P-205 Petition for Formal Adjudication of Intestacy,
Minn. Gen. R. Prac. 409(a) Determination of Heirs and
Appointment of Personal Representative
WARNING - UNAUTHORIZED COPYING OF THIS FORM PROHIBITED
13-PR-23-12
Filed in District Court
State of Minnesota
1/23/2023 10:27 AM
Form P-205 - MNCLE ©2016 Content created and owned by Minnesota Continuing Legal Education
7. Negative Allegation Statement (see Minn. Gen. R. Prac. 408(a)):
That the Decedent left surviving no parents, other than herein named, no spouse, no children
natural or adopted, legitimate or illigitimate, and no issue of deceased children.
8. All persons identified as heirs have survived the Decedent by at least 120 hours, except for:
All heirs have survived the Decedent for more than 120 hours.
9. (Check appropriate boxes):
|X| Decedent left no surviving spouse.
IXl Decedent left no surviving descendants.
I~l All descendants of Decedent are descendants of Decedent's surviving spouse.
• There are descendants of the Decedent that are not descendants of the surviving spouse.
[~] There are descendants of the surviving spouse who are not descendants of the Decedent.
10. Venue for this proceeding is in this County of the State of Minnesota because:
[X] The Decedent was domiciled in this County at the time of death and was the owner of
property located in the State of Minnesota.
or
• Though not domiciled in the State of Minnesota, the Decedent was the owner of property
located in this County at the time of death.
Minn. Stat. §§ 524.3-401 &524.3-502; P-205 Petition for Formal Adjudication ofIntestacy,
Minn. Gen. R. Prac. 409(a) Determination ofHeirs and
Appointment of Personal Representative
WARNING - UNAUTHORIZED COPYING OF THIS FORM PROHIBITED
13-PR-23-12
Filed in District Court
State of Minnesota
1/23/2023 10:27 AM
Form P-205 - MNCLE © 2016 Content created and owned by Minnesota Continuing Legal Education
11. I estimate the Decedent's assets and indebtedness are as follows: (complete all blanks, even ifzero)
Probate Assets Non-Probate Assets
Homestead 226.500.00 Joint Tenancy $. &QQ.
Other Real Estate $ 173.000.00 Insurance $_ 0.00
Cash 0.00 Other 0.00
Securities 0.00
Other 1.000.00
Approximate Indebtedness $_ 40.000.00
12. There is no Personal Representative of the Decedent appointed in Minnesota or elsewhere whose
appointment has not been terminated.
13. K] I have not received a demand for notice and am not aware of any demand for notice of any
probate or appointment proceeding concerning the Decedent that may have been filed in
Minnesota or elsewhere.
or
I I Proper notice has been given to those persons who have filed a demand for notice.
14. Having conducted a reasonably diligent search, I am unaware of any unrevoked testamentary
instrument relating to property having a situs in Minnesota and believe that the Decedent died
leaving no Will.
Minn. Stat. §§ 524.3-401 & 524.3-502; P-205 Petition for Formal Adjudication of Intestacy,
Minn. Gen. R. Prac. 409(a) Determination of Heirs and
Appointment of Personal Representative
WARNING - UNAUTHORIZED COPYING OF THIS FORM PROHIBITED
13-PR-23-12
Filed in District Court
State of Minnesota
1/23/2023 10:27 AM
Form P-205 - MNCLE ©2016 Content created and owned by Minnesota Continuing Legal Education
15. Joseph D. Tharaldson
is entitled to priority and appointment as Personal Representative under Minnesota Statutes
section 524.3-203 because: He is the sibling of the Decedent, and has been nominated to be
appointed as Personal Representative by all Heirs. .
There are no other persons having a prior or equal right to the appointment under Minnesota law
except:
Beverly R. Tharaldson and Donovan K. Tharaldson, the sole Heirs.
who have either renounced their right for appointment or have joined in nominating
Joseph D. Tharaldson. .
WHEREFORE, I request the Court fix a time and place for a hearing on the Petition and enter
an order formally:
1. Finding the Decedent is dead;
2. Finding venue is proper;
3. Finding the proceeding was commenced within the time limitations prescribed by Minnesota
law;
4. Determining Decedent's domicile at death;
5. Finding Decedent left no Will and therefore died intestate;
Minn. Stat. §§ 524.3-401 & 524.3-502; P-205 Petition for Formal Adjudication ofIntestacy,
Minn. Gen. R. Prac. 409(a) Determination ofHeirs and
Appointment of Personal Representative
WARNING - UNAUTHORIZED COPYING OF THIS FORM PROHIBITED
13-PR-23-12
Filed in District Court
State of Minnesota
1/23/2023 10:27 AM
Form P-205 - MNCLE © 2016 Content created and owned by Minnesota Continuing Legal Education
6. Determining Decedent's heirs;
7. Appointing Joseph P. Tharaldson
as Personal Representative of the Estate with $0.00 bond,
in X an unsupervised Da supervised administration:
8. Authorizing issuance of letters of general administration upon qualification and acceptance; and
9. Granting such other relief as may be proper.
Under penalties for perjury, I declare or affirm that I have read this doojirhent and I know or
believe its representations are true and complete.
Dated:
1*23-2025
Attorney for: Petitioner
Name: Timothy J. Peterson
Firm: Attorney at Law, LLC
Street: PO Box 369. 12839 Lake Blvd.
City, State, ZIP: Lindstrom, MN 55045-
Attorney License No:
Telephone: (651)257-9249
FAX:
Email: tim@timpetersonlawoffice.com
Minn. Stat. §§ 524.3-401 & 524.3-502; '-205 Petition for Formal Adjudication of Intestacy.
Minn. Gen. R. Prac. 409(a) Determination of Heirs and
Appointment of Personal Representative
WARNING - UNAUTHORIZED COPYING OF THIS FORM PROHIBITED
Preview
13-PR-23-12 Filed in District Court State of Minnesota 1/23/2023 10:27 AM -Tg^rr Miller/Davis Company - millerdavis.com Form P-205 - MNCLE © 2016 Content created and owned by Minnesota Continuing Legal Education STATE OF MINNESOTA TENTH JUDICIAL DISTRICT DISTRICT COURT COUNTY OF CHISAGO PROBATE DIVISION Court File No. Estate of: Jeremy Jon Tharaldson PETITION FOR FORMAL ADJUDICATION OF INTESTACY, DETERMINATION OF HEIRS AND APPOINTMENT OF PERSONAL Decedent. REPRESENTATIVE I. Joseph D. Tharaldson ., state: 1. My address is: 707 River Street, Taylors Falls, MN 55084 2. I am an interested person as defined by Minnesota law because I am: The Brother of the Decedent, and I am nominated as Personal Representative. Decedent was born on October 23,1980 ., at (city, state) Willmar, Minnesota Decedent died on January 16,2023 ., at (city, state) Minneapolis, Minnesota and no more than 3 years (except as permitted by Minnesota Statutes section 524.3-108) have elapsed since Decedent's death. 5. Decedent's domicile at the time of death was in Chisago County, State of Minnesota at (address): 29344 Mary Street, Lindstrom, Minnesota Minn. Stat. §§ 524.3-401 & 524.3-502; P-205 Petition for Formal Adjudication of Intestacy, Minn. Gen. R. Prac. 409(a) Determination of Heirs and Appointment of Personal Representative WARNING - UNAUTHORIZED COPYING OF THIS FORM PROHIBITED 13-PR-23-12 Filed in District Court State of Minnesota 1/23/2023 10:27 AM Form P-205 - MNCLE © 2016 Content created and owned by Minnesota Continuing Legal Education 6. The names and addresses of Decedent's spouse, children, heirs and other persons interested in this proceeding so far as known or ascertainable with reasonable diligence by the Petitioner are: Name and Familial Relationship AND Birthdate Mailing Address Legal Interest (List all) Of Minors No Spouse No Children Beverly R. Tharaldson Mother of Decedent, Heir Adult 9075 80th Street NE Spicer, MN 56288 Donovan K. Tharaldson Father of Decedent, Heir Adult 7990 County Road 40 NE New London, MN 56273 Joseph D. Tharaldson Brother of Decedent, Nominated Adult 707 River Street Personal Representative Taylors Falls, MN 55084 (Attach separate schedule, if necessary) Minn. Stat. §§ 524.3-401 & 524.3-502; P-205 Petition for Formal Adjudication of Intestacy, Minn. Gen. R. Prac. 409(a) Determination of Heirs and Appointment of Personal Representative WARNING - UNAUTHORIZED COPYING OF THIS FORM PROHIBITED 13-PR-23-12 Filed in District Court State of Minnesota 1/23/2023 10:27 AM Form P-205 - MNCLE ©2016 Content created and owned by Minnesota Continuing Legal Education 7. Negative Allegation Statement (see Minn. Gen. R. Prac. 408(a)): That the Decedent left surviving no parents, other than herein named, no spouse, no children natural or adopted, legitimate or illigitimate, and no issue of deceased children. 8. All persons identified as heirs have survived the Decedent by at least 120 hours, except for: All heirs have survived the Decedent for more than 120 hours. 9. (Check appropriate boxes): |X| Decedent left no surviving spouse. IXl Decedent left no surviving descendants. I~l All descendants of Decedent are descendants of Decedent's surviving spouse. • There are descendants of the Decedent that are not descendants of the surviving spouse. [~] There are descendants of the surviving spouse who are not descendants of the Decedent. 10. Venue for this proceeding is in this County of the State of Minnesota because: [X] The Decedent was domiciled in this County at the time of death and was the owner of property located in the State of Minnesota. or • Though not domiciled in the State of Minnesota, the Decedent was the owner of property located in this County at the time of death. Minn. Stat. §§ 524.3-401 &524.3-502; P-205 Petition for Formal Adjudication ofIntestacy, Minn. Gen. R. Prac. 409(a) Determination ofHeirs and Appointment of Personal Representative WARNING - UNAUTHORIZED COPYING OF THIS FORM PROHIBITED 13-PR-23-12 Filed in District Court State of Minnesota 1/23/2023 10:27 AM Form P-205 - MNCLE © 2016 Content created and owned by Minnesota Continuing Legal Education 11. I estimate the Decedent's assets and indebtedness are as follows: (complete all blanks, even ifzero) Probate Assets Non-Probate Assets Homestead 226.500.00 Joint Tenancy $. &QQ. Other Real Estate $ 173.000.00 Insurance $_ 0.00 Cash 0.00 Other 0.00 Securities 0.00 Other 1.000.00 Approximate Indebtedness $_ 40.000.00 12. There is no Personal Representative of the Decedent appointed in Minnesota or elsewhere whose appointment has not been terminated. 13. K] I have not received a demand for notice and am not aware of any demand for notice of any probate or appointment proceeding concerning the Decedent that may have been filed in Minnesota or elsewhere. or I I Proper notice has been given to those persons who have filed a demand for notice. 14. Having conducted a reasonably diligent search, I am unaware of any unrevoked testamentary instrument relating to property having a situs in Minnesota and believe that the Decedent died leaving no Will. Minn. Stat. §§ 524.3-401 & 524.3-502; P-205 Petition for Formal Adjudication of Intestacy, Minn. Gen. R. Prac. 409(a) Determination of Heirs and Appointment of Personal Representative WARNING - UNAUTHORIZED COPYING OF THIS FORM PROHIBITED 13-PR-23-12 Filed in District Court State of Minnesota 1/23/2023 10:27 AM Form P-205 - MNCLE ©2016 Content created and owned by Minnesota Continuing Legal Education 15. Joseph D. Tharaldson is entitled to priority and appointment as Personal Representative under Minnesota Statutes section 524.3-203 because: He is the sibling of the Decedent, and has been nominated to be appointed as Personal Representative by all Heirs. . There are no other persons having a prior or equal right to the appointment under Minnesota law except: Beverly R. Tharaldson and Donovan K. Tharaldson, the sole Heirs. who have either renounced their right for appointment or have joined in nominating Joseph D. Tharaldson. . WHEREFORE, I request the Court fix a time and place for a hearing on the Petition and enter an order formally: 1. Finding the Decedent is dead; 2. Finding venue is proper; 3. Finding the proceeding was commenced within the time limitations prescribed by Minnesota law; 4. Determining Decedent's domicile at death; 5. Finding Decedent left no Will and therefore died intestate; Minn. Stat. §§ 524.3-401 & 524.3-502; P-205 Petition for Formal Adjudication ofIntestacy, Minn. Gen. R. Prac. 409(a) Determination ofHeirs and Appointment of Personal Representative WARNING - UNAUTHORIZED COPYING OF THIS FORM PROHIBITED 13-PR-23-12 Filed in District Court State of Minnesota 1/23/2023 10:27 AM Form P-205 - MNCLE © 2016 Content created and owned by Minnesota Continuing Legal Education 6. Determining Decedent's heirs; 7. Appointing Joseph P. Tharaldson as Personal Representative of the Estate with $0.00 bond, in X an unsupervised Da supervised administration: 8. Authorizing issuance of letters of general administration upon qualification and acceptance; and 9. Granting such other relief as may be proper. Under penalties for perjury, I declare or affirm that I have read this doojirhent and I know or believe its representations are true and complete. Dated: 1*23-2025 Attorney for: Petitioner Name: Timothy J. Peterson Firm: Attorney at Law, LLC Street: PO Box 369. 12839 Lake Blvd. City, State, ZIP: Lindstrom, MN 55045- Attorney License No: Telephone: (651)257-9249 FAX: Email: tim@timpetersonlawoffice.com Minn. Stat. §§ 524.3-401 & 524.3-502; '-205 Petition for Formal Adjudication of Intestacy. Minn. Gen. R. Prac. 409(a) Determination of Heirs and Appointment of Personal Representative WARNING - UNAUTHORIZED COPYING OF THIS FORM PROHIBITED