Free Instructions for Name Change Applicants - Minnesota

INSTRUCTIONS FOR NAME CHANGE APPLICANTS
Who may apply? To apply for a name change, each applicant must: · have lived in the State of Minnesota for at least six months; · file the Application for Name Change in the county in which you presently live; · be at least 18 years of age (a parent, legal guardian or next of kin may file on behalf of a minor); and · pay the civil filing fee and certified copy fee (if you are unable to pay the filing fee you can ask court administration for forms to see if you qualify for a fee waiver, also called in forma pauperis or IFP). NOTE: If the sole person whose name is to be changed is under 18 years old, please see the instructions in the Minor Name Change materials. How do I apply? 1. Obtain the following forms from the Court Administrator's office: a. Application for Name Change b. Criminal History Check Release c. Proposed Order Granting Name Change ­ Complete only the portions of the order above the "IT IS ORDERED" section. Do not fill in any information below "IT IS ORDERED." 2. Complete the application and criminal history forms. The forms should be typed or legibly written using black ink. Be sure the "changed to" name(s) appear exactly as you want the names to be after the judge signs the final order. The case caption should include the name of each person applying for a name change. 3. Do not proceed if the application is not made in good faith or there is any intent to defraud or mislead anyone by the change of name. 4. Indicate the name and date of birth of a spouse, (if there is a spouse), even if the spouse is not having his/her name changed. 5. Indicate any minor children and their dates of birth, (if there are any children), even if the children are not having their names changed. 6. List all legal descriptions of property if you, a spouse, or minor children have a claim, interest or lien on any property. You must show who has interest and the nature of the interest in the property. You may need to attach a separate piece of paper to the application with this information on it. Example of Legal Description: Lot 1, Block 4, Hamden Edition, Hennepin County, Minnesota. You can get a copy of the legal description from the Deed, Contract for Deed or Certificate of Title at the office of the County Recorder or Registrar of Titles in the county where the property is located. 7. The application must be made under oath and it requires you to sign in two places on the application form. Sign your name(s) in front of a notary public or a deputy court administrator. If a spouse is included in the application, both the applicant and the spouse must sign the application. If any minors (under 18 years old) are included on the application, the minor does not need to sign the application. 8. After you have completed the forms, bring or mail the completed, notarized application to the district court in your county, along with the applicable filing fee. Contact information and filing fee information can be found on the court website at www.mncourts.gov under District Courts. The filing fee is non-refundable. Helpful materials may be found at your public county law library. For a directory, see http://www.lawlibrary.state.mn.us/cllppubdir.rtf . For more information, contact your court administrator or call the Minnesota State Law Library at 651-296-2775.
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If you have any difficulty filling out the forms, you should consult an attorney. Hearing: 1. Upon filing, the Court Administrator's office will provide you with a hearing date and time. 2. All minors seeking to have their name changed must be present at the court hearing. 3. Two witnesses that know you must appear with you in court and testify as to your identity. 4. If your application is approved at the time of the hearing, the judge will sign the Order Granting Name Change. 5. After the Order is signed, you can obtain certified copies of the Order from the Court Administrator's office for a fee of $10 each. Certified copies of this order will be needed to change your personal records (see the document entitled Notice to Persons Who Have Had Their Name Changed for more information). Birth Certificates: If the information on a birth certificate is wrong because a mistake was made when the birth certificate was created, DO NOT file an Application for Name Change to have the birth record changed. Mistakes can be corrected through your local County Vital Statistics office or the Minnesota Department of Health. Procedures to amend the birth record can be found on the Minnesota Department of Health web site at www.health.state.mn.us/divs/chs/osr/amend.html or by calling the Minnesota Department of Health at 651-201-5970. Please refer to Minnesota State Agency Rules 4601.1000 and 4601.1100 for further information. If you think there are exceptional circumstances that make changing the birth certificate necessary, you may specifically ask the judge on your Application for Name Change to order the birth certificate changed. You may use the "Other" category on the Application to explain these exceptional circumstances. You should consult an attorney for further information on when changing a birth certificate is appropriate and what information you should include in your Application for Name Change. If a judge determines a change on the birth record is warranted the judge will include that provision in the final name change order that would direct the Department of Health to amend a birth certificate. Criminal History Check: Minn. Stat. § 259.11 requires the Court to determine whether any person seeking to have their name changed has a criminal history in Minnesota or any other state. The court may conduct a search of national records through the Federal Bureau of Investigation by submitting a set of fingerprints and the required fee to the Bureau of Criminal Apprehension. To comply, you must complete a Criminal History Check Release form for each party age 10 and over covered by the application. A criminal history check will be made on all persons age 10 and over listed on the application. If the applicant has a criminal history, both the person whose name is changed and the Court shall report the change within 10 days of receiving a copy of the order by mailing a copy of the order granting the name change to: Attention: CRIS Section Bureau of Criminal Apprehension 1430 Maryland Avenue East St. Paul, MN 55106 Application for Change of Name by a Person Convicted of a Felony: An applicant with a felony conviction under Minnesota law or the law of another state or federal jurisdiction shall serve notice regarding their application for name change on the prosecuting authority
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that obtained the conviction. If the conviction is from another state or federal jurisdiction, notice must also be served on the Minnesota Attorney General at 102 State Capitol Building, St. Paul, MN 55155. The method of service is complicated. To determine the proper method of service, consult an attorney. Local practices may vary. Proof of service shall be filed with the court as part of the name change request. The prosecuting authority has 30 days to object to the name change application. What happens if the prosecutor or attorney general objects? The person asking for the name change can contest the objection by filing a motion with the court. The law requires the Judge to deny the name change request, unless the person asking for the name change can prove by clear and convincing evidence that the request is not based upon an intent to defraud or mislead, is made in good faith, will not cause injury to a person, and will not compromise public safety; or, that failure to allow the name change would infringe on a constitutional right of the person asking for the name change. Read Minnesota Statutes Section 259.13, Subds.1-6 to see all the requirements in the law. The court does not have forms or instructions for a motion to contest the objection. You should seek help from a lawyer if you want to contest the objection of the prosecutor or attorney general. Request for Name Change by an Inmate: An inmate confined in a correctional facility may request a name change only once, unless the failure to allow the name change would infringe on a constitutional right of an inmate. Inmates must fill out an additional affidavit entitled Inmate Affidavit for Name Change.

NAM101

State

ENG

Rev 3/08

www.mncourts.gov/forms

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