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Benton County, MN Probate Information
Quick facts
| Item | Benton County detail |
|---|---|
| Court | Benton County District Court |
| Courthouse | Benton County Courthouse, 615 Highway 23, Foley, MN 56329 |
| Judicial district | Seventh Judicial District |
| Mailing address | PO Box 189, Foley, MN 56329 |
| Court Administrator's office phone | (320) 968-5205 |
| Fax | None published |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. |
| First paper fee | $325, current as of August 2026, made up of the $310 filing fee plus Benton County's $15 law library fee (Minn. Stat. § 357.021, subd. 2(1); Minn. Stat. §§ 134A.09, 134A.10) |
| Local probate forms | None published by Benton County. Use Minnesota's statewide PRO forms. |
| E-filing | eFile and eServe is required for attorneys, government agencies and guardians ad litem. A self-represented filer may use eFS or file on paper at the counter or by mail (Minn. Gen. R. Prac. 14.01). |
| Case search | Minnesota Court Records Online, with free public probate document access for public filings on or after July 1, 2015 |
| Remote appearance | Probate is remote by default under Judicial Council Policy 525, but the hearing notice controls. |
| Website | https://mncourts.gov/find-courts/benton |
Before you begin — know the assets and liabilities
Before you file in Benton County, identify the probate assets, non-probate assets, debts, likely creditors, the original will if one exists, and every person who may be entitled to notice. Minnesota probate forms ask for asset categories and family information, so a filing usually goes more smoothly when the estate settlement work starts with a clear inventory.
Sunset's 2,300-institution asset discovery helps families find accounts, insurance, investments and other property before they choose a probate path. For Benton County, that preparation also helps you decide whether to file electronically, bring papers to the courthouse in Foley, or mail them to PO Box 189.
Which court handles jurisdiction
The Benton County District Court serves probate cases venued in Benton County and sits at the Benton County Courthouse in Foley. Benton County is part of the Seventh Judicial District with Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker and Wadena counties. The district has thirty judges, with permanent chambers at Moorhead, Fergus Falls, Little Falls and St. Cloud (Minn. Stat. § 2.722, subd. 1).
For the first informal or formal probate proceeding, Minnesota venue is the county where the decedent was domiciled at death. If the decedent was not domiciled in Minnesota, venue may be in any Minnesota county where the decedent had property at death (Minn. Stat. § 524.3-201). A determination of descent has a wider venue rule: it may be brought in the county of the decedent's residence or in a county where the property is located (Minn. Stat. § 525.31).
The jurisdiction process
- Choose the Minnesota route. An informal case begins with an application to the probate registrar for an administrative determination. A formal case begins with a petition to a district court judge for a judicial determination (Minn. Gen. R. Prac. 402).
- Prepare the statewide forms. Use Minnesota's PRO forms for the route you choose. Common starting points are PRO802 with a will, PRO702 without a will, PRO1202 for formal probate with a will, or PRO1102 for a formal intestacy petition.
- Handle the original will on paper. A copy of the will may be filed electronically, but the original will cannot be e-filed. The original paper will must be deposited with the court (Minn. Gen. R. Prac. 14.01(b)(2), 403(e)). In Benton County, that means bringing it to 615 Highway 23 in Foley or mailing it to PO Box 189, Foley, MN 56329.
- File with the Court Administrator's office. Attorneys, government agencies and guardians ad litem use eFile and eServe. A self-represented filer may choose eFS, file at the courthouse counter, or mail paper filings to the Court Administrator's office (Minn. Gen. R. Prac. 14.01).
- Pay the first paper fee. The first paper in a Benton County estate costs $325, current as of August 2026, made up of the $310 filing fee plus Benton County's $15 law library fee (Minn. Stat. § 357.021, subd. 2(1); Minn. Stat. §§ 134A.09, 134A.10).
- Give required notice. Follow the notice requirements for the case type. Formal proceedings require notice to interested persons, and creditor notice is published under the direction of the Court Administrator's office in a legal newspaper in the county where the case is pending (Minn. Stat. § 524.3-801).
- Watch for hearing information. Benton County does not publish a probate hearing day or standard setting window. If a hearing is set, read the hearing notice for the date, time and appearance method.
- Use the remote appearance rule carefully. Minnesota's statewide default appearance type for probate is remote under Judicial Council Policy 525, but that is not a guarantee. The hearing notice controls, and form OTH1002 is used to ask for a different appearance format.
- Receive authority if appointed. If the probate registrar or the court appoints a personal representative, the authority document is letters testamentary when there is a will or letters of administration when there is no will.
- Administer and close the estate. The personal representative gathers assets, gives required notices, deals with claims, pays proper expenses, distributes property and closes using the appropriate Minnesota closing procedure. Sunset can keep the estate settlement checklist, documents and attorney connection organized throughout that work.
Forms and documents
Probate forms in Benton County
Benton County does not publish a local probate packet, local probate cover sheet or local probate form set. Use Minnesota's statewide PRO forms from the Minnesota Judicial Branch probate forms page.
| Need | Common statewide forms |
|---|---|
| Informal case with a will | PRO801 instructions, PRO802 application, PRO803 affidavit of mailing |
| Informal case without a will | PRO701 instructions, PRO702 application, PRO703 affidavit of mailing |
| Formal case with a will | PRO1201 instructions, PRO1202 petition, PRO1203 affidavit of service |
| Formal case without a will | PRO1101 instructions, PRO1102 petition, PRO1103 affidavit of service |
| Acceptance and oath | PRO902 acceptance of appointment and oath by individual |
| Informal closing | PRO911 instructions, PRO914 closing statement, PRO915 affidavit of service, PRO916 receipt for assets by distributee |
The statewide PRO set is useful, but it is not a complete form for every possible probate step. If the estate needs a form that is not published, ask Self-Help Center staff for legal information or talk with a probate attorney.
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Benton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming whether a Benton County administration is needed and whether the original will exists. If a case is needed, file with the Court Administrator's office at 615 Highway 23 in Foley, mail to PO Box 189, or use eFile and eServe if you choose that route. The first paper costs $325, current as of August 2026, under Minn. Stat. § 357.021, subd. 2(1) and Minn. Stat. §§ 134A.09, 134A.10. | Sunset helps identify accounts, organize documents, prepare the probate packet and connect the family with a probate attorney if the home title or spouse protections need legal review. |
| Out-of-state adult child with small estate | A nonresident may serve as personal representative (Minn. Gen. R. Prac. 407(b)). Benton County's PO Box gives a mail filing option, and self-represented filers may choose eFS instead. If a hearing is set, the statewide probate default is remote, but the hearing notice controls. | Sunset helps the child work from outside Minnesota by building an asset list, gathering forms and tracking what has to be mailed to Foley, including any original will. |
| Parent settling predeceased child's estate, home must be sold | If a home sale requires a personal representative, plan on a Benton County filing, the $325 first paper cost current as of August 2026 (Minn. Stat. § 357.021, subd. 2(1); Minn. Stat. §§ 134A.09, 134A.10), required notices and letters before sale documents can be signed. | Sunset helps coordinate the estate settlement timeline, collect asset and debt information, generate the probate packet and introduce a local probate attorney for the real estate work. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Benton County District Court | Provides the filing location, mailing address, phone number, hours and local court contact route for Benton County probate filings. | Benton County Courthouse, 615 Highway 23, Foley, MN 56329. Mailing address: PO Box 189, Foley, MN 56329. Phone: (320) 968-5205. |
| Self-Help Center workstation | Benton County has a courthouse workstation with a computer, phone and printer for people using court forms and court information. Self-Help Center staff provide legal information, not legal advice. | Available at the Benton County Courthouse during courthouse hours. |
| Statewide Self-Help Center | Provides legal information and resources by phone and email for people representing themselves. | (651) 435-6535, Monday through Friday, 9:00 a.m. to 4:00 p.m. |
| Central Minnesota Legal Services | Civil legal aid provider serving Benton County. It is a first call to ask whether any help is available, but its published case types do not include settling a decedent's estate. | St. Cloud office, 110 6th Avenue S, Suite 205, St. Cloud, MN 56301. Phone: (320) 253-0138. |
| Minnesota Judicial Branch probate help and forms | Statewide probate overview and free PRO forms for informal, formal, objection, creditor claim, closing and related probate steps. | https://mncourts.gov/help-topics/probate-wills-and-estates and https://mncourts.gov/getforms/probate |
| Minnesota Court Records Online | Free search for Benton County estate cases, registers of actions and public probate documents filed on or after July 1, 2015. | https://publicaccess.courts.state.mn.us/CaseSearch |
When to hire an attorney
Minnesota permits self-represented probate filings, and Benton County has paper, mail and eFS filing routes for a person handling an uncontested matter. Counsel makes sense when real property must be sold, an heir or creditor objects, a will is disputed, the estate may be insolvent, supervised administration is sought, or the family needs advice the Court Administrator's office and probate registrar cannot provide (Minn. Stat. § 524.1-307). Sunset connects you to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families build the asset picture before filing, so the estate settlement plan reflects bank accounts, investments, insurance, real estate and debts that may affect the Benton County probate path.
Generate the probate packet. Sunset turns the information you gather into an organized probate packet for the Minnesota route you choose, including the documents you may file in Foley, mail to PO Box 189, or submit through eFile and eServe when electronic filing is available to you.
Find a local probate attorney. When the estate needs legal judgment, Sunset can connect the family with a vetted Minnesota probate attorney who understands district court practice and personal representative work.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand next steps and get matched with the right help without paying Sunset a fee.
Frequently asked questions
Where do I file to open an estate in Benton County?
File with the Court Administrator's office for the Benton County District Court. The courthouse is the Benton County Courthouse, 615 Highway 23, Foley, MN 56329, and the mailing address is PO Box 189, Foley, MN 56329.
What does it cost to open an estate in Benton County?
The first paper in a Benton County estate costs $325, current as of August 2026. That amount is the $310 filing fee plus Benton County's $15 law library fee (Minn. Stat. § 357.021, subd. 2(1); Minn. Stat. §§ 134A.09, 134A.10).
Can I mail my probate filing to Benton County?
Yes. Benton County publishes PO Box 189, Foley, MN 56329 for the Court Administrator's office. If you are filing on paper by mail, use that mailing address. The original will also has to reach the court on paper because it cannot be e-filed (Minn. Gen. R. Prac. 14.01(b)(2), 403(e)).
Can I file probate papers on paper in Benton County, or do I have to use eFS?
Attorneys, government agencies and guardians ad litem file through eFile and eServe. A self-represented filer may choose eFS or may file on paper at the courthouse counter or by mail. After a self-represented filer chooses eFS in a case, later filings in that case stay in eFS unless the court allows otherwise (Minn. Gen. R. Prac. 14.01).
Can the original will be e-filed in Benton County?
No. Minnesota allows a copy of the will to be filed electronically, but the original will itself has to be deposited with the court on paper (Minn. Gen. R. Prac. 14.01(b)(2), 403(e)). In Benton County, that can be done by counter delivery in Foley or by mail to PO Box 189.
Does Benton County have its own probate forms?
Benton County does not publish local probate forms or a local probate packet. Use the Minnesota Judicial Branch statewide PRO forms, keeping in mind that the statewide set does not include a form for every possible probate step.
Can I appear remotely for a Benton County probate hearing?
Minnesota's statewide default appearance type for probate is remote under Judicial Council Policy 525, and remote hearings may use Zoom or telephone. That default is not the final word for every case. Read the hearing notice, and use form OTH1002 if you need to ask for a different appearance format.
Can I look up a Benton County estate case online?
Yes. Use Minnesota Court Records Online at https://publicaccess.courts.state.mn.us/CaseSearch. MCRO searches by party name, business name, attorney or case number and shows the register of actions. Public probate documents filed on or after July 1, 2015 are downloadable at no charge, while older filings are limited and confidential documents are not shown.
Where can I find legal help in Benton County?
For court information, use the Benton County courthouse workstation or call the Statewide Self-Help Center at (651) 435-6535. Central Minnesota Legal Services is the civil legal aid provider serving Benton County and can be contacted through its St. Cloud office at (320) 253-0138 to ask whether any help is available.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.