Motion-Secondary: In re the Estate of Willard Roth Clausen, Deceased

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                29-PR-22-1139




STATE OF MINNESOTA                                                               DISTRICT COURT
COUNTY OF HUBBARD                                                      NINTH JUDICIAL DISTRICT
                                                                     Court File No.: 29-PR-22-1139

In Re: Estate of                                                ORDER OF FORMAL PROBATE OF
                                                                WILL AND FORMAL APPOINTMENT
Willard Roth Clausen,                                           OF PERSONAL REPRESENTATIVE
                                       Decedent.

The Petition for Formal Probate of Will and Formal Appointment of Personal Representative,
signed by Bridget Sharon Clausen ("Petitioner"), came before this Court on October 11, 2022.
After considering the petition, the Court determines the following:

1.      Petition and Verification. The petition is complete. The Petitioner has made oath or
        affirmation that the statements contained in the petition are true to the best of the
        Petitioner’s knowledge and belief.

2.      Information about the Decedent’s Domicile. At the time of death, the Decedent was
        domiciled in Hubbard County, Minnesota, at 13290 Boonstra Drive, Nevis, MN 56467.

3.      Interest of Petitioner. The Petitioner appears from the petition to be an interested person
        as defined by Minnesota law.

4.      Venue. Based on the statements in the petition, venue is proper.

5.      Notice. Any notice required by Minnesota law has been given.

6.      Testamentary Documents. The Decedent’s last testamentary documents are comprised
        of the following documents: (check all that apply)

             Will dated July 21, 2003
             Codicil dated [Codicil Date]
             Separate Writing under Minn. Stat. § 524.2-513 dated [Separate Writing Date]
             Other: [Provide details].

        The Decedent’s Will dated July 21, 2003 allows for a Separate Writing, but no Separate
        Writing has been found.

7.      Location or Disposition of Testamentary Documents.             (check only one)

             The original documents constituting the Decedent’s Will are in the Court’s possession.
             An authenticated copy of the Decedent’s Will, as probated in [Other Jurisdiction],
             accompanied the petition and is in the Court’s possession.

        The petition does not indicate the existence of a possible unrevoked testamentary
        instrument that may relate to property subject to the laws Minnesota, and that is not filed
        for probate in this Court.

        It appears from the petition that the time limit for original probate and appointment
        proceedings has not expired.

Exhibit B: Decedent’s Assets and Indebtedness                                      Estate of [Decedent]
                                          29-PR-22-1139




8.    Decedent’s Death. The Decedent died on April 30, 2022. Petitioner commenced this
      proceeding within the time limitations prescribed by Minnesota law.

9.    Survival of Heirs. All persons identified as heirs have survived the Decedent by at least
      120 hours. (check appropriate boxes)

           The Decedent left no surviving spouse.
           The Decedent left no surviving descendants.

           All descendants of the Decedent are descendants of the Decedent’s surviving spouse.
           There are descendants of the Decedent [and][or] the Decedent’s surviving spouse who
           are not descendants of both the Decedent and Decedent’s surviving spouse.

10.   Information about the Personal Representative. Bridget Sharon Clausen seeks
      appointment as personal representative. From the statements in the petition, Bridget
      Sharon Clausen has a priority entitlement to the appointment, has not been disqualified,
      and has not renounced appointment.

      The petition indicates that no personal representative has been appointed in another
      county of Minnesota whose appointment has not been terminated.

11.   Administration. The Decedent's Will: (check only one)

           specifies that the administration of the Decedent’s estate is to be supervised.
           specifies that the administration of the Decedent’s estate is to be unsupervised.
           does not specify that administration of the Decedent’s estate is to be supervised or
           unsupervised.

12.   Bond. The Decedent's Will: (check only one)

           specifies that a bond is to be posted in the amount of $[bond amount].
           specifies that no bond is to be posted.
           does not specify whether bond is required.

13.   Determination of Heirs. The Decedent's heirs under Minnesota law are as identified in
      the petition.

14.   Objections. There are no objections to the petition.


IT IS ORDERED:

      1.      The petition is granted.

      2.      The Decedent's Will is formally probated.

      3.      The Decedent's heirs under Minnesota law are as identified in the petition.

      4.      Bridget Sharon Clausen is formally appointed as the personal representative of the
              decedent’s estate, with no bond in an unsupervised administration.
                                       29-PR-22-1139




      5.    Letters Testamentary will issue after Bridget Sharon Clausen files a statement of
            acceptance and oath and posts any required bond.


                                          BY THE COURT

Dated: ____________________________       ________________________________________
                                          Judge of District Court