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Minnesota Probate Court

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Table of Contents

Probate is the legal process used to settle a deceased person’s estate, pay debts, and transfer the remaining assets to their heirs or beneficiaries. Under the District (Trial) Courts, Minnesota operates informal probate, formal probate, and specific rules for small estate transfers.

How the Probate Process Works in Minnesota

To start a probate case in Minnesota, an interested party must file a petition with the District Court of the county where the deceased lived. If a valid will exists, the court validates it and appoints a personal representative or executor. If no will exists, intestacy laws apply, and the court determines heirs. The personal representative is responsible for the following:

  • Collection, inventory, and appraisal of the deceased’s assets
  • Protection of the estates’ assets
  • Notification of heirs, dependents, and beneficiaries.
  • Payment of debts to all creditors.
  • Distribution of the remaining assets to the appropriate beneficiaries.

In Minnesota, the probate process can either be informal probate, an administrative process with minimal court involvement, or formal probate, which requires hearings in the presence of a judge. The duration of a probate case may range from 6 months to 18 months, depending on the complexity of the case.

What Are the Costs of Probate in Minnesota?

The exact costs of probate in Minnesota may depend on several factors, such as county, court costs, executor costs, attorney fees, accounting fees, and other expenses. Generally, the fees include the following:

  • Court Costs: Typically, these include filing fees, which vary by county and the estimated size of the estate. It also costs between $5 and $20 to obtain certified copies of some documents, like Letters Testamentary.
  • ExecutorFees: The law allows for compensation for any executor or personal representative who is subject to court approval.
  • Attorney Fees: The attorney’s fee may be determined by the court or set by the attorney, depending on the case.
  • Accounting Fees: If the deceased was involved in complicated business affairs, an accountant may have to sort out all the stocks, taxes, or other securities.
  • Other Expenses: Appraisal fees, publication notices, estate agent fees (if selling the property), and costs associated with managing the estate.

Types of Probate Cases in Minnesota

Minnesota recognizes several probate case types. These include:

  • Testate Probate – When the deceased left a valid will.
  • Intestate Probate – When a person dies without a valid will.
  • Informal Probate – Handled by a personal representative appointed by the court.
  • Formal Probate – Requires a hearing and oversight by a judge in the court.
  • Small Estate Procedures – These occur where assets are valued under $75,000 (excluding real estate).

Minnesota Probate Court Forms and Filing Instructions

The public may access probate forms online from the Minnesota Judicial Branch or visit the court administrator’s office at the appropriate County’s District Court. They may find additional information for filing instructions through the Guide & File Help Topic Section.

How Minnesota Probate Courts Work at the County Level

Every county in Minnesota has a Probate Division in its District Court that manages probate-related matters in different ways.

The following are the top 10 Minnesota counties by population with Probate Courts:

How to Search Probate Records in Minnesota

The Minnesota Rules of Public Access to Records of the Judicial Branch grant the public the right to access probate records in Minnesota unless they are sealed or expunged. The documents contain details about wills, inventories, and related court judgments. Anyone may access the records through the following:

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Court Case Types