PROBATE STATE OF MINNESOTA SEVENTH JUDICIAL DISTRICT DISTRICT COURT COUNTY OF BECKER PROBATE DIVISION ESTATE OF: PETITION TO FORMALLY PROBATE WILL Judith Anne Raye, Decedent.
STATE OF MINNESOTA SEVENTH JUDICIAL DISTRICT
COUNTY OF BECKER PROBATE DIVISION
ESTATE OF: PETITION TO FORMALLY
Judith Anne Raye,
I, Roberta Schoenberger, state:
1. My address is: 757 3rd St., Audubon, MN 56511.
2. I am an interested person as defined by Minnesota law because I am: the sister of Decedent; Nominated Personal Representative.
3. Decedent was born on December 12, 1937, at Carrington, North Dakota.
4. Decedent died on September 12, 2019 at Essentia Hospital, Fargo, North Dakota.
5. Decedent at the time of death resided in Becker County, at 208 Oak Street, #105, Detroit Lakes, 56501
6. The names and addresses of Decedent’s spouse, children, heirs, devisees and other persons interested in this proceeding so far as known or ascertained with reasonable diligence by the Petitioner are:
Name and Familial Relationship AND Birth Date
Mailing Address Legal Interest (List all) of Minors
Daniel J. Leroux Son Legal
109 3rd St. N.
Sabin, MN 56580
Dovie Fair Raye Husband Legal
1733 Brainerd Blvd.
Detroit Lakes, MN 56501
James Michael Kyte Brother Legal
313 4th St. SE
Perham, MN 56573
Rita Susan Swanson Sister Legal
41619 450th St.
Perham, MN 56573
Rita Susan Swanson
444 Tudor Dr.
Cape Coral, FL 33904
Vicki Lynn Boedigheimer Sister Legal
372 4th St. #1
Audubon, MN 56511
Roberta Jane Schoenberger Sister Legal
757 3rd St.
Audubon, MN 56511
7. Negative Allegation Statement (see MINN. GEN. R. PRAC. 408(a)):
The Decedent left surviving no spouse; no children, (including adopted children), other than herein named; and no descendants of any deceased children. The decedent was not in the process of adoption at the time of her death.
8. All persons identified as heirs have survived the Decedent by at least 120 hours.
9. (Check appropriate boxes):
o Decedent left no surviving spouse.
o Decedent left no surviving descendants.
o All descendants of Decedent are descendants of Decedent’s surviving spouse.
X There are descendants of the Decedent that are not descendants of the surviving spouse.
o 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.
o Though not domiciled in the State of Minnesota, the Decedent was the owner of property located in this county at the time of death.
11. I estimate the Decedent’s assets and indebtedness are as follows:
Probate Assets Non-Probate
Homestead $ 250,000.00 Est. Joint Tenancy $
Other $ Insurance $ Unknown
Cash $ 16,200.00 Other $ 300.00
Approximate Indebtedness: Sony Credit Card $742.14
Direct Tv $ 38.30
Century Link $434.91
12. There is no personal representative of the Decedent appointed in Minnesota or elsewhere whose appointment has not been terminated.
13. X 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.
o Proper notice has been given to those persons who have filed demand for notice.
14.X Decedent’s Will is comprised of the following: Last will dated August 28, 2019.
o Codicil dated____________________.
o Separate writing under Minnesota Statutes section 524.2-513 dated
X The will refers to a separate writing but none has been found.
15. To the best of my knowledge and belief, the Will has been validly executed.
16. Having conducted a reasonably diligent search, I am unaware of any instrument revoking the Will or of any other unrevoked testamentary instrument.
17. The documents comprising the Will:
X accompany this Application.
o are in the Court’s possession.
o have been probated elsewhere and an authenticated copy of the Will and statement or order probating the same accompany this Application.
18. The Will nominates Roberta Schoenberger as personal representative.
X The nominated personal representative is willing to serve and is not disqualified.
o The nominated personal representative is unable or has declined to serve.
________________ has priority to serve as personal representative because
________________ and is willing to serve and is not disqualified.
19. The Will specifies: X No Bond o Minimum bond o $ ___________ bond
20. At least 120 hours, but not more than 3 years (except as permitted by Minn. Stat. §524.3-108), have elapsed since Decedent’s death.
WHEREFORE, I request the Court fix a time and place for a hearing on this 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 limitation prescribed by Minnesota law.
4. Determining Decedent’s domicile at death.
5. Determining Decedent’s heirs.
6. Determining Decedent’s testacy status.
7. Determining the Will is valid and unrevoked and should be probated.
8. Determining Roberta Schoenberger is entitled to appointment as personal
representative and should be appointed.
9. Enter an order appointing Roberta Schoenberger as personal representative,
with no bond, in an unsupervised administration.
10. Authorizing issuance of letters testamentary upon qualification and acceptance.
11. 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.
Dated: Jan. 9, 2020 Roberta (Robbie) SchoenbergerAttorney for Petitioner Roberta Schoenberger, Petitioner
Timothy H. Dodd
Attorney at Law
210 Front Street West
Detroit Lakes, MN, 56501
Attorney License No: 134508
Telephone: (218) 846-2595
FAX: (218) 844-2596