Minnesota Name Change Petition

Introduction

Key Things to Know

1. 1

   In Minnesota a name change petition is called an application: the District Court document an adult files, after residing in the state for six months, to take a new legal name, which the court grants unless it finds an intent to defraud or mislead.

2. 2

   You file the application in the District Court of the Minnesota county where you live, and you must have resided in Minnesota for six months before applying (Minnesota Statutes section 259.10, subdivision 1).

3. 3

   Minnesota does not require an adult applicant to publish notice of the name change in a newspaper; instead you appear in person and prove identity by at least two witnesses (Minnesota Statutes section 259.10, subdivision 1).

4. 4

   If the name change is made in connection with your participation in a witness and victim protection program, the court orders that the court records are not accessible to the public (Minnesota Statutes section 259.10, subdivision 2).

5. 5

   Upon meeting the requirements of section 259.10, the court grants the application unless it finds an intent to defraud or mislead, or another statutory bar applies (Minnesota Statutes section 259.11, paragraph (a)).

6. 6

   If you have a criminal record, the court and you must report the granted name change to the Bureau of Criminal Apprehension within ten days (Minnesota Statutes section 259.11, paragraph (b)).

7. 7

   After the order is signed, order certified copies to update Social Security, your Minnesota driver's license or ID, your passport, and other records. The fee required by law is paid to the county recorder and court administrator, and a fee waiver is available if you cannot afford it.

Minnesota Requirements for Name Change Petition

• District Court in Your County of Residence

  An adult name change in Minnesota is filed in the District Court of the county where the applicant resides. A person who has resided in this state for six months may apply to the district court in the county where the person resides to change the person's name (Minnesota Statutes section 259.10, subdivision 1).

• Six-Month Minnesota Residency

  You must have resided in Minnesota for six months before applying, and you file in the district court of the county where you live (Minnesota Statutes section 259.10, subdivision 1). The application states your present name, the name proposed, and that you meet this six-month residency requirement.

• No Newspaper Publication for an Adult

  Minnesota does not require an adult applicant to publish notice of a name change in a newspaper. Instead, Minnesota Statutes section 259.10, subdivision 1 requires you to appear personally before the court and prove identity by at least two witnesses. A publication step arises only in a minor's case when a non-applicant parent cannot be personally served.

• Personal Appearance and Two Witnesses

  Minnesota Statutes section 259.10, subdivision 1 requires the applicant to appear personally before the District Court and prove identity by at least two witnesses. Bring two people who can attest to your identity to your court appearance, along with the completed application and any required identity documents.

• Present Name and Proposed New Name

  The application must state your present legal name and the exact new name you are requesting, along with your residence in the county where you file (Minnesota Statutes section 259.10, subdivision 1). The court changes the name from the present name to the proposed name in its order (Minnesota Statutes section 259.11, paragraph (a)).

• Good Faith and No Intent to Defraud

  Upon meeting the requirements of section 259.10, the court shall grant the application unless it finds an intent to defraud or mislead, or another statutory bar applies (Minnesota Statutes section 259.11, paragraph (a)). State that the change is made in good faith and not to defraud a creditor, evade a legal obligation, judgment, or criminal record, or for any unlawful purpose.

• Criminal-History Report to the BCA

  If you have a criminal record, Minnesota Statutes section 259.11, paragraph (b) requires the court to report the granted name change to the Bureau of Criminal Apprehension within ten days, and you have the same ten-day reporting duty. Failing to report as required is a gross misdemeanor, so disclose any convictions truthfully in the application.

• Confidential Records and Certified Copies

  If your name change is made in connection with your participation in a witness and victim protection program, the court orders that the court records are not accessible to the public (Minnesota Statutes section 259.10, subdivision 2). After the order is signed, order certified copies from the court administrator to update Social Security, your Minnesota driver's license or ID, and your passport. The fee required by law is paid to the county recorder and court administrator, and a fee waiver is available.