Minnesota Probate Information
Quick facts
| Topic | Current rules |
|---|---|
| Court that hears probate | The Minnesota district court in the proper county. Minnesota has one trial court system organized into ten judicial districts (Minn. Stat. § 2.722). |
| Filing office | The Court Administrator's office in the county where venue is proper. |
| Venue | The county of the decedent's domicile at death, or, if the decedent was not domiciled in Minnesota, any county where the decedent had property at death (Minn. Stat. § 524.3-201). |
| Main probate tracks | Informal probate is an administrative determination by the probate registrar. Formal probate is a judicial determination by a judge after notice and a hearing (Minn. Gen. R. Prac. 402). |
| Filing fee | $310 statewide plus the county law library fee, so the total is $310 to $325 depending on the county (Minn. Stat. § 357.021, subd. 2(1); Minn. Stat. §§ 134A.09, 134A.10). Fee figures current as of August 2026. |
| Small estate routes | Form PRO202 can collect personal property when the entire probate estate is $75,000 or less and the statutory conditions are met (Minn. Stat. § 524.3-1201). Summary closing uses a different $150,000 court-case test (Minn. Stat. § 524.3-1203, subd. 5). Both figures have been in effect since August 1, 2016. |
| Forms | The Minnesota Judicial Branch publishes free statewide PRO forms, but it states that the set does not include every probate form. |
| E-filing | Attorneys, government agencies and guardians ad litem must use eFile and eServe. A self-represented filer may choose eFile and eServe or file on paper at the counter or by mail. The original will cannot be e-filed (Minn. Gen. R. Prac. 14.01; Rule 403(e)). |
| Case search | Minnesota Court Records Online searches by party name, case number or attorney. Public probate documents filed on or after July 1, 2015 are downloadable at no charge, with older and confidential filings limited. |
| Remote appearance | Probate hearings are remote by default under Minnesota Judicial Council Policy 525, effective February 3, 2025. The hearing notice controls. |
| Estate tax | Minnesota has a state estate tax. Form M706 is due when a federal estate tax return is required or when the Minnesota threshold is met. The current threshold is $3,000,000 for deaths in 2020 and later (Minn. Stat. §§ 289A.10, subd. 1; 291.016, subd. 3). |
| Self-help | The Statewide Self-Help Center is available at (651) 435-6535, Monday through Friday, 9:00 a.m. to 4:00 p.m. Workstations are available in all county courthouses except Hennepin, which has a staffed center. |
Before you begin — know the assets and liabilities
Start with the assets and debts before choosing a Minnesota probate route. The affidavit for collection of personal property looks at the entire probate estate at the date of death, the summary-closing route measures a different estate value, and every informal application or formal petition must include an approximate asset schedule for real estate, cash, securities, non-probate assets and indebtedness (Minn. Gen. R. Prac. 408).
Sunset's estate settlement process helps build that picture early by searching more than 2,300 financial institutions for accounts and assets, then organizing what the personal representative needs for the Minnesota forms and filing steps.
Which court handles probate
Probate venue in Minnesota is county-based. The first informal or formal testacy or appointment proceeding is filed in the county where the decedent was domiciled at death. If the decedent was not domiciled in Minnesota, it can be filed in any county where the decedent had property at death (Minn. Stat. § 524.3-201).
Minnesota abolished its former probate-only courts in 1982 and moved their work into the district courts (Minn. Stat. § 2.722, subd. 3). The merger is statutory, not constitutional. A judicial district is an administrative grouping of counties and judges, not the place where you file.
The ten judicial districts are: First, Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott and Sibley; Second, Ramsey; Third, Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower and Fillmore; Fourth, Hennepin; Fifth, Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, Martin and Jackson; Sixth, Carlton, St. Louis, Lake and Cook; Seventh, Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker and Wadena; Eighth, Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, Traverse and Wilkin; Ninth, Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; Tenth, Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago and Washington (Minn. Stat. § 2.722, subd. 1). Judges travel in the larger districts, so the county is the venue while the district explains judicial administration.
A determination of descent has a broader venue rule: after more than three years, an interested person may file in the county of the decedent's residence or any county where the property, or part of it, is located (Minn. Stat. § 525.31).
The probate process
- Work out what the person owned and owed before choosing a route. In Minnesota, the asset picture drives estate settlement because the affidavit route, summary closing and the opening forms all use asset information.
- Check whether a court case is needed. A successor may use form PRO202 to collect personal property when the entire probate estate is worth $75,000 or less at the date of death after liens and encumbrances, at least thirty days have passed, and the statutory conditions are met (Minn. Stat. § 524.3-1201). The $75,000 figure has been in effect since August 1, 2016.
- If the decedent died more than three years ago and no estate was opened, consider determination of descent on form PRO1402. That route can be filed where the decedent lived or where the property sits (Minn. Stat. § 525.31).
- Choose informal or formal probate. An informal application goes to the probate registrar for an administrative determination without prior notice and without a hearing. A formal petition goes to a judge for a judicial determination with notice and a hearing (Minn. Gen. R. Prac. 402).
- Gather the statewide forms for the route: PRO802 or PRO702 for informal probate, or PRO1202 or PRO1102 for formal probate, with the matching instructions and affidavit.
- Complete the asset schedule required by the application or petition, including the approximate value of homestead, other real estate, cash, securities, other probate assets, non-probate assets and indebtedness (Minn. Gen. R. Prac. 408).
- Deposit the original will with the court if there is one. A copy may be e-filed, but the original paper will or codicil must be deposited with the court and cannot be e-filed (Minn. Gen. R. Prac. 14.01(b)(2); Rule 403(e)).
- File with the Court Administrator's office in the county where venue is proper. A self-represented filer may use eFile and eServe or file on paper at the counter or by mail. Once a self-represented filer e-files in a case, later filings in that case must also be electronic (Minn. Gen. R. Prac. 14.01).
- Pay the filing fee. Minnesota charges $310 by statute plus the county law library fee, for a total of $310 to $325 depending on the county (Minn. Stat. § 357.021, subd. 2(1); Minn. Stat. §§ 134A.09, 134A.10). Fee figures are current as of August 2026. A person who cannot pay may ask for a fee waiver under Minn. Stat. § 563.01.
- In a formal case, follow the hearing notice. Probate hearings are remote by default under Minnesota Judicial Council Policy 525, effective February 3, 2025, but the hearing notice controls. An unopposed formal petition may be decided on the pleadings at the court's discretion (Minn. Gen. R. Prac. 406(a)).
- Take the letters after appointment. The authority document is letters testamentary when there is a will and letters of administration when there is no will. If the appointment was informal, a certified copy of unrestricted letters for a real-estate purchaser or distributee waits thirty days from issuance (Minn. Gen. R. Prac. 410).
- Serve required notices. Use PRO906 for spouse and children, serve known and identified creditors within three months after first publication, and use PRO905 for the medical assistance notice if it applies. If that notice is required, estate property may not be distributed until 70 days after service (Minn. Stat. § 524.3-801).
- Administer the estate. Inventory the assets on PRO912, pay allowances and priority claims in order, file Form M706 within nine months if the Minnesota estate tax threshold is reached, and keep records for the final account.
- Close the estate. Informally, file PRO914 no earlier than four months after appointment, with the final account and receipts, and the appointment terminates one year later if no proceeding is pending. Formally, petition to allow the final account, settle and distribute on PRO1302 and seek discharge on PRO1304 (Minn. Stat. § 524.3-1003).
Executor duties
Executor duties in Minnesota
| Duty | What it means in Minnesota |
|---|---|
| Qualify for appointment | File the acceptance and oath on PRO902 and any nomination, renunciation or bond on PRO901. Letters testamentary or letters of administration issue after appointment (Minn. Stat. § 524.1-307). |
| Deposit the original will | The original will or codicil must be deposited with the court. A copy may be e-filed, but the original paper document cannot be e-filed (Minn. Gen. R. Prac. 14.01(b)(2); Rule 403(e)). |
| Give family notices | Use PRO906 for notice to spouse and children. In a formal testacy proceeding, mailed notice must tell a surviving spouse about exempt personal property, maintenance during administration and the elective share (Minn. Gen. R. Prac. 404(b)). |
| Handle creditor notice | Notice is published once a week for two successive weeks in a legal newspaper in the county under the direction of the court administrator, and known and identified creditors must be served within three months after first publication (Minn. Stat. § 524.3-801). |
| Handle medical assistance notice | If required, serve PRO905 and PRO903. Estate property subject to administration may not be distributed until 70 days after service, although a sale may proceed and the hold applies to net proceeds (Minn. Stat. § 524.3-801(d)). |
| Inventory and account | File PRO912 Inventory and keep records for PRO913 Final Account and Proposal for Distribution. The opening application or petition also requires an approximate asset schedule (Minn. Gen. R. Prac. 408). |
| Pay priority items | Exempt property, the family allowance and priority expenses and claims come before general creditor claims (Minn. Stat. §§ 524.2-403, 524.2-404, 524.3-805). |
| Close the estate | Use PRO914 for an informal sworn closing statement, or PRO1302 and PRO1304 for formal settlement and discharge. Letters remain in force for one year after the closing statement unless a proceeding is pending (Minn. Stat. § 524.3-1003). |
Forms and documents
Probate forms in Minnesota
Minnesota publishes a free statewide PRO form set for probate. The Judicial Branch also states that it publishes some statewide probate forms, but not every probate form, so a family should use the statewide packets as the starting point and get advice when the published forms do not match the situation.
| Step | Common statewide forms |
|---|---|
| Orientation | PRO101 Information about Probate in Minnesota; PRO908 Responsibilities of Personal Representatives |
| Affidavit for collection of personal property | PRO201 instructions; PRO202 Affidavit for Collection of Personal Property (Small Estate - No Real Estate), for the $75,000 route under Minn. Stat. § 524.3-1201, in effect since August 1, 2016 |
| Safe deposit box search | PRO501 instructions; PRO502 Affidavit in Support of Search of Decedent's Safe Deposit Box |
| Informal probate with a will | PRO801 instructions; PRO802 Application for Informal Probate of Will and for Informal Appointment of Personal Representative; PRO803 Affidavit of Mailing |
| Informal probate without a will | PRO701 instructions; PRO702 Application for Informal Appointment of Personal Representative (without a Will); PRO703 Affidavit of Mailing |
| Formal probate with a will | PRO1201 instructions; PRO1202 Petition for Formal Probate of Will and for Formal Appointment of Personal Representative; PRO1203 Affidavit of Service |
| Formal probate without a will | PRO1101 instructions; PRO1102 Petition for Formal Adjudication of Intestacy, Determination of Heirs, and Appointment of Personal Representative; PRO1103 Affidavit of Service |
| Lost or destroyed will | PRO1206 Statement of Contents of Lost, Destroyed, or Otherwise Unavailable Will |
| Qualify as personal representative | PRO901 Nomination of Personal Representative and/or Renunciation of Priority for Appointment, and Bond; PRO902 Acceptance of Appointment of Personal Representative and Oath by Individual |
| Medical assistance notice | PRO905 Notice to Commissioner of Human Services Regarding Possible Claims; PRO903 Affidavit of Mailing |
| Demand, claim or objection | PRO302 Demand for Notice; PRO402 Written Statement of Claim; PRO1002 Objection (Probate), with matching instructions and affidavits |
| Inventory and informal closing | PRO912 Inventory; PRO913 Final Account and Proposal for Distribution; PRO914 Unsupervised Personal Representative's Statement to Close Estate; PRO915 Affidavit of Service; PRO916 Receipt for Assets by Distributee |
| Formal closing and discharge | PRO1302 Petition to Allow Final Account, Settle, and Distribute Estate; PRO1303 Affidavit of Service; PRO1304 Petition for Discharge of Personal Representative |
| Determination of descent | PRO1401 instructions; PRO1402 Petition for Determination of Descent; PRO1403 Affidavit of Service |
| Remote or in-person appearance request | OTH1001 instructions; OTH1002 Request for Remote or In-Person Appearance |
The original will rule is separate from form selection: the original paper will must be deposited with the court even when a copy is e-filed (Minn. Gen. R. Prac. 14.01(b)(2); Rule 403(e)). County pages note whether a particular county publishes any local probate materials in addition to the statewide forms.
Fees
Minnesota's first-paper estate filing charge has two parts. The base is $310 statewide under Minn. Stat. § 357.021, subd. 2(1). Each county then adds its county law library fee under Minn. Stat. §§ 134A.09 and 134A.10, which makes the total $310 to $325 depending on the county. Fee figures are current as of August 2026. The law library portion applies to formal and informal probate and is an expense of administration that can be reimbursed by the estate.
| Item | Amount | Authority |
|---|---|---|
| First paper in an estate, trust, guardianship or conservatorship | $310 base plus county law library fee, total $310 to $325 | Minn. Stat. § 357.021, subd. 2(1); Minn. Stat. §§ 134A.09, 134A.10 |
| Deposit of a will for safekeeping | $27 | Minn. Stat. § 357.021, subd. 2(11) |
| Certified copy of an instrument | $14 | Minn. Stat. § 357.021, subd. 2(2) |
| Motion or response to a motion | $100 | Minn. Stat. § 357.021, subd. 2(4) |
| Each partial, final or annual account in a trusteeship | $55 | Minn. Stat. § 357.021, subd. 2(10) |
| Affidavit for collection of personal property | No court charge because PRO202 is presented to the holder, not filed with the court | Minn. Stat. § 524.3-1201 |
| Scanning fee for an excused filer who otherwise must e-file | $25 for each 50 pages or part of 50 pages | Minn. Gen. R. Prac. 14.01 |
A person who cannot afford court costs may ask to proceed without paying under Minn. Stat. § 563.01. The statute also allows a court to order a $75 partial payment or another partial payment if the person is not fully eligible but still cannot pay in full. The interaction between that fee-waiver statute and the county law library fee is a question to ask the court before filing.
Timeline
- Thirty days after death: the affidavit for collection of personal property can be used only after at least thirty days have passed, and only if the $75,000 conditions are met (Minn. Stat. § 524.3-1201). The $75,000 figure has been in effect since August 1, 2016.
- At filing: the application or petition must include the Minnesota asset schedule required by Minn. Gen. R. Prac. 408, and the original will must be deposited with the court if there is one (Minn. Gen. R. Prac. 403(e)).
- After appointment: if the medical assistance notice applies, serve it as soon as practicable. No property subject to administration may be distributed until 70 days after service (Minn. Stat. § 524.3-801(d)).
- After publication begins: the court administrator's notice to creditors is published once a week for two successive weeks in a legal newspaper in the county where the proceeding is pending (Minn. Stat. § 524.3-801(a)).
- Within three months after first publication: the personal representative must serve known and identified creditors (Minn. Stat. § 524.3-801(b)).
- Four months after the court administrator's published notice: the published claims period closes (Minn. Stat. §§ 524.3-801(a), 524.3-803(a)(1)).
- Nine months after death: Form M706 is due if the Minnesota estate tax filing threshold is met (Minn. Stat. § 289A.18, subd. 3). The $3,000,000 threshold for deaths in 2020 and later comes from Minn. Stat. § 291.016, subd. 3.
- No earlier than four months after appointment: an unsupervised personal representative may file the sworn closing statement if the publication requirements are also satisfied (Minn. Stat. § 524.3-1003).
- One year after death: most claims that arose before death are barred whether or not notice was published or served, subject to the medical assistance exceptions in the statute (Minn. Stat. § 524.3-803(a)(3)).
- One year after the closing statement: if no proceeding involving the personal representative is pending, the appointment terminates and the letters stop remaining in force (Minn. Stat. § 524.3-1003(b)).
- Three years after death: new informal probate, formal testacy and appointment proceedings are generally barred, but determination of descent remains available (Minn. Stat. §§ 524.3-108, 525.31).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
Minnesota's route choice turns on who decides the opening question and how much court supervision the estate needs.
| Feature | Informal probate | Formal probate | Supervised administration |
|---|---|---|---|
| Authority | Minn. Stat. §§ 524.3-301 to 524.3-311 | Minn. Stat. §§ 524.3-401 to 524.3-414 | Minn. Stat. § 524.3-501 and following |
| Who decides | The probate registrar (Minn. Stat. § 524.1-307) | A district court judge | A judge, continuously |
| What it produces | An administrative determination (Minn. Gen. R. Prac. 402(b)) | A judicial determination (Rule 402(a)) | A continuing in rem proceeding (Rule 402(c)) |
| Prior notice | No | Yes, and publication in a testacy proceeding (Rule 404(b)) | Yes |
| How it opens | Application, PRO802 with a will or PRO702 without one | Petition, PRO1202 with a will or PRO1102 without one | Petition, or conversion at any time (Rule 409(b)) |
| Hearing | None | Yes, though an unopposed petition may be decided on the pleadings at the court's discretion (Rule 406(a)) | Yes, and continuing |
| Bond | Not usually required, with three statutory exceptions (Minn. Stat. § 524.3-603) | Not required if the will relieves it or all interested persons over $1,000 request it in writing, unless the court orders otherwise (Minn. Stat. § 524.3-603) | May be ordered |
| Authority document | Letters testamentary or letters of administration | The same | The same |
| Filing fee | $310 plus the county law library fee (Minn. Stat. § 357.021, subd. 2(1); Minn. Stat. §§ 134A.09, 134A.10) | The same | The same, charged once on the first paper |
| How it closes | PRO914 no earlier than four months after appointment, with termination one year later (Minn. Stat. § 524.3-1003) | PRO1302 to settle and distribute, with discharge on PRO1304 | Court order approving distribution and discharging the personal representative |
Supervised administration is a single proceeding under continuing court authority to secure complete administration and settlement of a decedent's estate (Minn. Stat. § 524.3-501). It can be requested after an informal or unsupervised formal case has begun (Minn. Gen. R. Prac. 409(b)).
Minnesota's family protections matter in many estate settlement decisions. A surviving spouse has homestead rights under Minn. Stat. § 524.2-402, exempt property rights of $15,000 in household goods plus one automobile under Minn. Stat. § 524.2-403, and a family allowance of up to $2,300 per month under Minn. Stat. § 524.2-404. A nonresident may serve as personal representative (Minn. Gen. R. Prac. 407(b)).
Small-estate alternatives
Minnesota has three different lower-value or late-title routes, and they use different tests.
| Route | When it fits | Key rule |
|---|---|---|
| Affidavit for collection of personal property | The entire probate estate is worth $75,000 or less at the date of death after liens and encumbrances, at least thirty days have passed, a certified death record is presented with the affidavit, no personal representative appointment is pending or granted anywhere, and the property is personal property only. | PRO202 is presented to the bank or other holder and is not filed with the court (Minn. Stat. § 524.3-1201). The $75,000 figure has been in effect since August 1, 2016. |
| Summary proceedings and summary closing | A court case is open or needed, and the statute's court-supervised summary route applies. The $150,000 figure measures the gross probate estate excluding the exempt homestead and exempt property. | This is a court route under Minn. Stat. § 524.3-1203, subd. 5. The $150,000 figure has been in effect since August 1, 2016, and there is no statewide PRO form for this route. |
| Determination of descent | The person has been dead for more than three years, no Minnesota estate proceeding was opened, and title to real or personal property still needs to be assigned. | Use PRO1402 in the county where the decedent resided or where the property, or part of it, is located (Minn. Stat. § 525.31). |
Recent updates
| Change | Effective date | Authority |
|---|---|---|
| The affidavit ceiling for collecting a decedent's personal property rose to $75,000, and the summary-closing ceiling rose to $150,000. Both are flat figures with no indexing. | August 1, 2016 | 2016 Minn. Laws ch. 135, art. 2, §§ 31 and 32; Minn. Stat. §§ 524.3-1201, 524.3-1203 |
| The Minnesota estate tax exclusion reached $3,000,000 and the filing threshold matches it. | Deaths in 2020 and later | Minn. Stat. §§ 291.016, subd. 3; 289A.10, subd. 1 |
| The statewide Remote and In-person Hearings Policy took its current form, setting the default appearance type for probate hearings at remote. | February 3, 2025 | Minnesota Judicial Council Policy 525 |
| Minn. Gen. R. Prac. 406, which lets a court decide an unopposed formal probate petition on the pleadings, was amended. | July 1, 2026 | Minn. Gen. R. Prac. 406 |
| The statutory filing fee for the first paper in an estate stands at $310 before the county law library fee, unchanged by the 2026 session's amendment to the fee-transmittal subdivision. | Current as of August 2026 | Minn. Stat. § 357.021, subd. 2(1); Minn. Stat. §§ 134A.09, 134A.10 |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Minnesota path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and Minnesota's homestead descent rule. If there is a surviving spouse, the homestead passes under Minn. Stat. § 524.2-402, and the spouse may also have exempt property rights of $15,000 in household goods plus one automobile (Minn. Stat. § 524.2-403) and a family allowance of up to $2,300 per month (Minn. Stat. § 524.2-404). | Sunset helps identify accounts, debts and title questions so the spouse can see whether court authority is needed and what information belongs in the Minnesota forms. |
| Out-of-state adult child with a small estate | A nonresident may serve as personal representative (Minn. Gen. R. Prac. 407(b)). If the entire probate estate is $75,000 or less and no real estate needs transfer, PRO202 may collect personal property after thirty days with a certified death record (Minn. Stat. § 524.3-1201). If a case is needed, a self-represented filer may choose eFile and eServe, and probate hearings are remote by default under Policy 525. | Sunset helps the child find assets across institutions, organize the estate settlement file, and decide whether the affidavit route or a court filing is the right next step. |
| Parent settling a predeceased child's estate, home must be sold | Real property means PRO202 will not transfer the home. A personal representative usually needs letters, and after an informal appointment a certified copy of unrestricted letters for a purchaser or distributee of real property waits thirty days from issuance (Minn. Gen. R. Prac. 410). The creditor window and any medical assistance notice affect when sale proceeds can be distributed (Minn. Stat. §§ 524.3-801, 524.3-803). | Sunset helps build the asset list, prepare the probate packet, and connect the family with a Minnesota probate attorney when sale timing, creditor claims or title work needs legal review. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Statewide Self-Help Center | Provides legal information and resources for people representing themselves by phone and email. | (651) 435-6535, Monday through Friday, 9:00 a.m. to 4:00 p.m. |
| Self-Help Center workstations | Available in all county courthouses except Hennepin. Each workstation has a computer, phone and printer for forms, legal information and phone access to Self-Help Center staff. | Use the courthouse in the county where the case is filed. |
| Walk-in Self-Help Centers | Available in Anoka, Chisago, Hennepin, Isanti, Kanabec, Pine, Ramsey, Sherburne, Washington and Wright. Hours are county-specific. | Check the county page before visiting. |
| Minnesota Judicial Branch probate help | Plain-language overview of probate, informal and formal tracks, and personal representative responsibilities. | mncourts.gov/help-topics/probate-wills-and-estates |
| Statewide probate forms | Free PRO form packets for opening, administering and closing many Minnesota probate matters. | mncourts.gov/getforms/probate |
| Minnesota Court Records Online | Free case search and free download of public probate documents filed on or after July 1, 2015, subject to public-access limits. | publicaccess.courts.state.mn.us/CaseSearch |
| Justice North | Civil legal aid provider for northern Minnesota. Its published case types do not include settling a decedent's estate, but it is the right first call in its service area to ask what help may be available. | 877-MY-MN-LAW, 877-696-6529 |
| Southern Minnesota Regional Legal Services | Civil legal aid provider for southern Minnesota and the southeast metro. Its published case types do not include settling a decedent's estate, but it is the right first call in its service area to ask what help may be available. | 1-877-696-6529; existing cases (651) 222-5863 |
| Central Minnesota Legal Services | Civil legal aid provider for central Minnesota and the west metro. Its published case types do not include settling a decedent's estate, but it is the right first call in its service area to ask what help may be available. | Minneapolis and Anoka (612) 332-8151; St. Cloud and Willmar (320) 253-0138 |
| LawHelpMN | Statewide legal-help referral site linked by Minnesota's civil legal aid providers. | lawhelpmn.org |
When to hire an attorney
Many Minnesota families handle an uncontested informal estate with the statewide forms and self-help information, but counsel makes sense when heirs disagree, a will is lost or unclear, the estate is insolvent, a minor or special needs trust would receive property, a business or farm must be valued, a summary closing under Minn. Stat. § 524.3-1203 is being considered, the estate is near the $3,000,000 Minnesota estate tax threshold under Minn. Stat. § 291.016, or the lawyer for the estate would also serve as personal representative, which can require supervision under Minn. Gen. R. Prac. 414. Sunset connects families with a vetted probate attorney.
How Sunset helps in Minnesota
Find the accounts and assets. Minnesota forms ask for an asset picture at the start, and route choice depends on values. Sunset searches more than 2,300 financial institutions to help families find accounts, identify debts and organize the estate settlement file.
Generate the probate packet. Sunset helps turn the asset list, family information and court-route decision into a packet organized around Minnesota's PRO forms, including the papers commonly used to open an informal or formal estate.
Find a local probate attorney. If the estate has disputes, real estate, tax exposure, missing heirs, a lost will or a route without a statewide form, Sunset helps connect the family with a Minnesota probate attorney.
Sunset is free for families. Sunset's estate settlement support is free for families, with no charge to get organized, discover assets or understand the next probate step.
Frequently asked questions
Where do I file probate in Minnesota?
File in the district court for the county where the decedent was domiciled at death. If the decedent was not domiciled in Minnesota, file in any county where the decedent had property at death (Minn. Stat. § 524.3-201). The filing counter is the Court Administrator's office.
What is the difference between informal and formal probate in Minnesota?
Informal probate is an administrative determination by the probate registrar without prior notice and without a hearing. Formal probate is a judicial determination by a judge with notice and a hearing (Minn. Gen. R. Prac. 402).
How much does it cost to file probate in Minnesota?
The first paper in an estate costs $310 by statute plus the county law library fee, for a total of $310 to $325 depending on the county (Minn. Stat. § 357.021, subd. 2(1); Minn. Stat. §§ 134A.09, 134A.10). Fee figures are current as of August 2026. A person who cannot pay may ask for a fee waiver under Minn. Stat. § 563.01.
Can I avoid probate in Minnesota with the affidavit for collection of personal property?
Sometimes. Form PRO202 can be used when the entire probate estate is worth $75,000 or less at the date of death after liens and encumbrances, at least thirty days have passed, a certified death record is presented with the affidavit, no personal representative appointment is pending or granted anywhere, and the property is personal property only (Minn. Stat. § 524.3-1201). The $75,000 figure has been in effect since August 1, 2016.
Can I e-file a Minnesota probate case if I do not have a lawyer?
Yes. A self-represented filer may choose eFile and eServe in all 87 counties, or may file on paper at the counter or by mail. Once a self-represented filer e-files in a case, later filings in that case must also be electronic. The original will cannot be e-filed, although a copy may be e-filed (Minn. Gen. R. Prac. 14.01; Rule 403(e)).
Do I have to go to a hearing in Minnesota probate?
An informal application has no hearing. A formal petition sets a hearing, but an unopposed formal petition may be decided on the pleadings at the court's discretion (Minn. Gen. R. Prac. 406(a)). Probate hearings are remote by default under Minnesota Judicial Council Policy 525, effective February 3, 2025, but the hearing notice controls how to appear.
How long does probate take in Minnesota?
Minnesota does not give every estate one fixed duration. Key timing points are the four-month claims period after the court administrator's published notice, the earliest informal closing statement no earlier than four months after appointment, the one-year absolute claims bar, and termination of the appointment one year after the closing statement if no proceeding is pending (Minn. Stat. §§ 524.3-803, 524.3-1003).
Does Minnesota have an estate tax or an inheritance tax?
Yes to the estate tax and no to an inheritance tax. Form M706 is due within nine months when a federal estate tax return is required or when the Minnesota threshold is crossed. The Minnesota threshold is $3,000,000 for deaths in 2020 and later (Minn. Stat. §§ 289A.10, subd. 1; 291.016, subd. 3), and rates run from 13 percent to 16 percent (Minn. Stat. § 291.03, subd. 1). Minnesota does not have an inheritance tax, it was repealed starting in 1980, and the Department of Revenue does not issue inheritance waiver or clearance letters.
Can I look up a Minnesota probate case online?
Yes. Minnesota Court Records Online searches by party name, case number or attorney and shows the register of actions. Public probate documents filed on or after July 1, 2015 are downloadable at no charge. Older filings are limited, and confidential documents are not shown.
Can someone who lives outside Minnesota serve as personal representative?
Yes. The court or probate registrar may appoint a nonresident personal representative (Minn. Gen. R. Prac. 407(b)). Priority for appointment starts with the will nominee, then the surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, and then a creditor 45 days after death (Minn. Stat. § 524.3-203).
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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.