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Swift County, MN Probate Information
Quick facts
| Item | Swift County details |
|---|---|
| Court | Swift County District Court |
| Courthouse | Swift County Courthouse, 301 14th Street N., Benson, MN 56215 |
| Judicial district | Eighth Judicial District |
| Mailing | No separate mailing address is published. Use the courthouse street address unless court administration gives different instructions. |
| Phone | (320) 843-2744, Court Administrator's office main line |
| Fax | (320) 843-4124 |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m., except the office is closed between 12 noon and 1:00 p.m. each day. |
| First paper in an estate | $325, current as of August 2026, made up of the $310 filing fee plus Swift County's $15 law library fee under Minn. Stat. § 357.021, subd. 2(1) and Minn. Stat. §§ 134A.09, 134A.10. |
| Local forms | No Swift County probate packet or cover sheet is published. Use the statewide Minnesota PRO probate forms. |
| E-filing | Attorneys, government agencies and guardians ad litem use eFile and eServe. A self-represented filer may choose eFile and eServe or may file on paper at the courthouse or by mail, subject to Minn. Gen. R. Prac. 14.01. |
| Case search | Minnesota Court Records Online, or MCRO, provides free case lookup and free public probate document access for filings on or after July 1, 2015, with older and confidential filings limited. |
| Remote appearance | Minnesota Judicial Council Policy 525 sets probate as remote by default, but the hearing notice controls and the judge may set a different appearance format. |
| Website | https://mncourts.gov/find-courts/swift |
Before you begin — know the assets and liabilities
Before you choose a Swift County filing path, make a practical inventory of what the person owned, what was jointly owned, what had beneficiary designations, and what debts or final expenses are known. Minnesota probate forms ask for asset and debt information early, and the right estate settlement route depends on the will, the heirs, the property, and whether anyone is likely to object.
Sunset's asset discovery searches more than 2,300 institutions to help families find accounts, insurance, retirement assets, loans and other information before the probate packet is assembled. That preparation is especially useful in Swift County because a counter filing needs to be planned around the Benson courthouse's midday closure.
Which court handles jurisdiction
The Swift County District Court serves probate matters venued in Swift County. Venue for the first informal or formal probate proceeding is the county where the decedent was domiciled at death, or, if the decedent was not domiciled in Minnesota, any Minnesota county where the decedent had property at death (Minn. Stat. § 524.3-201).
Swift County is part of the Eighth Judicial District with Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Yellow Medicine, Big Stone, Grant, Pope, Stevens, Traverse and Wilkin counties. The district has 11 judges and permanent chambers at Morris, Montevideo and Willmar under Minn. Stat. § 2.722, subd. 1. Benson is not one of those chambers cities, so a Swift County estate remains a Swift County case even if the assigned judge is chambered elsewhere in the district.
For a determination of descent, Minnesota uses a wider venue rule: an interested person may petition 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 route. Use an informal application when the estate can be handled by an administrative determination from the probate registrar. Use a formal petition when a judicial determination is needed, when there is a dispute, or when the requested relief requires a judge.
- Select the statewide PRO forms. Common starting packets include informal forms for estates with or without a will and formal forms for estates with or without a will. Swift County does not publish a local probate cover sheet or local probate packet.
- Prepare the asset and debt information. Minnesota probate applications require information about probate assets, non-probate assets, real estate, cash, securities, other property and approximate indebtedness.
- File with the Court Administrator's office. File at the Swift County Courthouse, 301 14th Street N., Benson, MN 56215, through eFile and eServe, or by a paper filing method available to self-represented filers. Plan any counter visit around the 12 noon to 1:00 p.m. daily closure.
- Deposit the original will on paper. A copy of the will may be submitted electronically, but the original paper will must be promptly deposited with the court under Minn. Gen. R. Prac. 14.01(b)(2) and 403(e).
- Pay the first-paper fee or request relief from fees. The Swift County first-paper amount is $325, current as of August 2026, made up of the $310 filing fee plus Swift County's $15 law library fee under Minn. Stat. § 357.021, subd. 2(1) and Minn. Stat. §§ 134A.09, 134A.10.
- Handle notice. Formal proceedings require notice to interested persons, and testacy proceedings include publication requirements. Informal proceedings are opened without a prior hearing, but later notices and mailings may still be required.
- Watch the hearing notice. Minnesota's statewide policy sets probate as remote by default, but the hearing notice controls. If the notice gives an appearance format that does not work, use the statewide request process to ask the judge for a different format.
- Receive letters and administer the estate. Once appointed, the personal representative uses letters testamentary or letters of administration to collect assets, communicate with creditors, manage property and make distributions.
- Close the estate. An unsupervised estate may close by sworn closing statement when the statewide requirements are met. A formal closing or supervised administration ends by court order when the judge approves the requested relief.
Forms and documents
Probate forms in Swift County
Swift County does not publish a local probate packet, local probate cover sheet or county-specific probate form. Use the statewide Minnesota PRO probate forms for common estate filings, and check the form instructions carefully because the statewide set does not cover every possible probate step.
| Need | Form path |
|---|---|
| Informal estate with a will | Use the statewide informal probate packet for a will, including the application, mailing affidavit and appointment documents. |
| Informal estate without a will | Use the statewide informal appointment packet for an intestate estate. |
| Formal estate with a will | Use the statewide formal probate packet for a will and formal appointment. |
| Formal estate without a will | Use the statewide formal adjudication of intestacy, determination of heirs and appointment packet. |
| Closing an unsupervised estate | Use the statewide closing packet, including the inventory, final account and proposal for distribution, sworn closing statement, affidavit of service and receipts. |
| Remote or in-person appearance request | Use the statewide request for remote or in-person appearance forms if the hearing notice gives an appearance format that needs to be changed. |
Local nuance
Swift County-specific considerations
The Swift County Court Administrator's office has a published daily lunch closure. The office is open Monday through Friday, 8:00 a.m. to 4:30 p.m., except it is closed between 12 noon and 1:00 p.m. each day.
If you plan to file at the counter, pick up certified copies, or ask court administration a filing question in person, build that closure into the trip. For estate settlement work with deadlines or a scheduled hearing, do not assume the counter is available during the midday hour.
Recent updates
Scenarios
| Scenario | Localized path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by separating jointly owned property, beneficiary-designated assets and any property that actually needs Swift County court authority. If a filing is needed, file with the Court Administrator's office in Benson or through eFile and eServe, and deposit any original will on paper. | Sunset helps identify accounts, debts, beneficiary designations and real estate issues before the spouse chooses an estate settlement path. |
| Out-of-state adult child with small estate | A nonresident may serve as personal representative under Minn. Gen. R. Prac. 407(b). If a court case is needed in Swift County, the child can use eFile and eServe or paper filing, and should rely on the hearing notice for the appearance format. | Sunset helps gather institution records, generate the right starting packet and coordinate with a Minnesota attorney if the child wants local help. |
| Parent settling predeceased child's estate, home must be sold | A home sale often requires formal authority, clear letters and careful handling of notice, claims and title documents. File in Swift County if venue belongs there, plan around the Benson office's midday closure for any counter visit, and expect certified copies to carry the statewide $14 charge, current as of August 2026, under Minn. Stat. § 357.021, subd. 2(2). | Sunset helps organize the asset list, prepare the probate packet and connect the parent with a vetted probate attorney when a real estate sale makes the estate settlement more complex. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Swift County courthouse self-help workstation | Courthouse self-help workstations provide access to legal information, court forms, printing and phone access to Self-Help Center staff. Self-Help Center staff provide legal information, not legal advice. | Swift County Courthouse, 301 14th Street N., Benson, MN 56215 |
| 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 Swift County. Its published case-type information should be checked before assuming help is available for a decedent's estate. | St. Cloud and Willmar intake: (320) 253-0138 |
| Minnesota Judicial Branch probate help topic | Explains Minnesota probate basics, informal and formal filings, personal representatives and related court information. | https://mncourts.gov/help-topics/probate-wills-and-estates |
| Minnesota probate forms | Provides the statewide PRO probate forms and packets used in Swift County. | https://mncourts.gov/getforms/probate |
| Minnesota Court Records Online | Searches Swift County estate cases and provides free public probate documents for filings on or after July 1, 2015, subject to public-access limits. | https://publicaccess.courts.state.mn.us/CaseSearch |
When to hire an attorney
Counsel makes sense when heirs disagree, a will may be challenged, real estate must be sold, the estate may be insolvent, a formal hearing is needed, or the personal representative is unsure how to handle notice, claims, taxes or distributions. Sunset connects families with a vetted attorney for Swift County estate settlement when legal guidance is the safer path.
How Sunset helps
Find the accounts and assets. Sunset helps families build a clearer picture of bank accounts, investment accounts, insurance, retirement assets, debts and other estate information before they file in Swift County.
Generate the probate packet. Sunset turns the family's answers into a draft probate packet using Minnesota terminology, including personal representative, letters testamentary, letters of administration and the statewide PRO form structure.
Find a local probate attorney. When the estate involves a home sale, disagreement, missing heirs, creditor issues or a formal petition, Sunset can connect the family with a vetted Minnesota probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand the next steps and decide whether to file themselves or work with counsel.
Frequently asked questions
Where do I file to open an estate in Swift County?
File with the Court Administrator's office at the Swift County Courthouse, 301 14th Street N., Benson, MN 56215, or use eFile and eServe if that is the filing method you choose or are required to use. Venue belongs in Swift County when the decedent was domiciled there at death, or when the Minnesota property-based venue rule applies (Minn. Stat. § 524.3-201).
What does it cost to open an estate in Swift County?
The first-paper amount in a Swift County estate is $325, current as of August 2026. That amount is the $310 filing fee plus Swift County's $15 law library fee under Minn. Stat. § 357.021, subd. 2(1) and Minn. Stat. §§ 134A.09, 134A.10.
Can I file probate papers on paper in Swift County, or do I have to e-file?
Attorneys, government agencies and guardians ad litem use eFile and eServe. A self-represented filer may choose eFile and eServe in Minnesota, or may file on paper at the courthouse or by mail, subject to Minn. Gen. R. Prac. 14.01. Once a self-represented filer chooses eFile and eServe in a case, later filings in that case continue through that system unless the court allows otherwise.
Can the original will be submitted electronically in Swift County?
A copy of the will may be submitted through eFile and eServe, but the original paper will must be deposited with the court. Minnesota treats original wills differently from ordinary documents under Minn. Gen. R. Prac. 14.01(b)(2) and 403(e).
Does Swift County have its own probate forms?
No Swift County local probate packet, cover sheet or county-specific probate form is published. Use the statewide Minnesota PRO probate forms for common estate filings.
Is there a judge chambered in Benson?
The Eighth Judicial District's permanent chambers are in Morris, Montevideo and Willmar under Minn. Stat. § 2.722, subd. 1. Benson is not one of those chambers cities, so a Swift County estate may be assigned to a judge chambered elsewhere in the district.
Can I appear remotely for a Swift County probate hearing?
Minnesota Judicial Council Policy 525 sets the statewide default appearance type for probate as remote. That is not a promise for every Swift County hearing. The hearing notice controls, and a judge may set or approve a different appearance format.
Can I look up a Swift County estate case online?
Yes. Minnesota Court Records Online, or MCRO, lets the public search by name, case number and other fields. Public probate documents filed on or after July 1, 2015 are downloadable at no charge, while older documents, sealed documents and confidential documents have limits.
When is the Swift County courthouse open, and is it closed for lunch?
The Swift County Court Administrator's office is open Monday through Friday, 8:00 a.m. to 4:30 p.m., except the office is closed between 12 noon and 1:00 p.m. each day. Plan counter filings and pickup visits around that midday closure.
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.