The Probate Process in Minnesota: A Complete Guide

Probate is the court-supervised process of administering a deceased person’s estate — identifying assets, paying debts and taxes, and distributing the remaining property to heirs or beneficiaries. In Minnesota, probate is governed by the Uniform Probate Code under Minn. Stat. Ch. 524.

While probate has a reputation for being lengthy and expensive, Minnesota’s probate system is relatively streamlined compared to many other states. Understanding the process — including the different types of probate proceedings and when probate is actually required — can reduce uncertainty during an already difficult time.

When Is Probate Required?

Probate is required in Minnesota when a deceased person owned assets solely in their own name that do not have a designated beneficiary or survivorship feature. Common examples include:

• Real property owned solely by the decedent (without a Transfer on Death Deed or joint tenancy)
• Bank accounts without payable-on-death designations
• Investment accounts without transfer-on-death designations
• Personal property of significant value (vehicles, art, collectibles)
• Business interests held individually

Assets That Do Not Go Through Probate

Several types of assets pass outside of probate regardless of whether the decedent had a will:

• Joint tenancy property — Passes automatically to the surviving co-owner
• Beneficiary-designated accounts — Retirement accounts (IRAs, 401(k)s), life insurance policies, and annuities pass to the named beneficiary
• Payable-on-death (POD) accounts — Bank accounts with POD designations
• Transfer-on-death (TOD) securities — Brokerage accounts with TOD designations
• Transfer on Death Deeds — Real property transferred via a TODD
• Trust assets — Property held in a revocable living trust or other trust

Understanding which assets require probate is the first step in evaluating whether probate can be minimized or avoided. For a full discussion of avoidance strategies, see the guide on how to avoid probate in Minnesota.

Types of Probate Proceedings in Minnesota

Minnesota law provides three types of probate proceedings, each with different levels of court involvement and oversight. The appropriate type depends on the complexity of the estate and whether there are disputes among interested parties.

Informal Probate

Informal probate is the most common and least burdensome type of probate proceeding in Minnesota. It is governed by Minn. Stat. § 524.3-301 through § 524.3-311.

Key characteristics:

• Filed with the court registrar (not a judge)
• No hearing is required
• The personal representative is appointed without a court appearance
• Appropriate for uncontested estates where all interested parties agree on the validity of the will and the appointment of the personal representative

Informal probate is the preferred option for the majority of Minnesota estates. It is faster, less expensive, and requires less court involvement than formal proceedings.

Formal Probate

Formal probate involves a court hearing before a judge and is governed by Minn. Stat. § 524.3-401 through § 524.3-414. Formal proceedings are necessary when:

• The validity of the will is contested
• There is a dispute about who should serve as personal representative
• An interested party requests formal proceedings
• The will contains ambiguities that require judicial interpretation
• There are complex legal issues (such as claims by disinherited heirs)

Formal probate provides greater court oversight and the opportunity for interested parties to be heard. The trade-off is increased time and expense.

Supervised Probate

Supervised administration under Minn. Stat. § 524.3-501 through § 524.3-505 is the most extensive form of probate. Under supervised administration, the personal representative must obtain court approval before taking significant actions, including distributing assets.

Supervised probate is relatively rare and typically only ordered when:

• There is a high risk of mismanagement or self-dealing by the personal representative
• Interested parties are unable to resolve disputes without court intervention
• The court determines that the estate requires closer oversight to protect beneficiaries

The Probate Process: Step by Step

Step 1: Filing the Application

The probate process begins when an interested party (typically a family member or person named in the will) files an application with the district court in the county where the decedent resided. The application includes:

• The original will (if one exists)
• A death certificate
• Information about the decedent’s assets and heirs
• A request to appoint a personal representative

Step 2: Appointment of the Personal Representative

In informal probate, the court registrar reviews the application and, if everything is in order, issues Letters of General Administration or Letters Testamentary to the personal representative. These letters give the personal representative legal authority to act on behalf of the estate.

If the decedent had a will, the person named as personal representative in the will is typically appointed. If there is no will, Minnesota law establishes a priority order for appointment, generally starting with the surviving spouse.

Step 3: Notification of Interested Parties

The personal representative must provide notice to:

• Heirs and beneficiaries — All persons who may have an interest in the estate
• Creditors — A notice must be published in a local newspaper and, under Minn. Stat. § 524.3-801, known creditors must receive direct written notice

Creditors generally have four months from the date of the published notice to file claims against the estate.

Step 4: Inventory and Asset Management

The personal representative is responsible for:

• Identifying and locating all estate assets
• Obtaining date-of-death valuations (appraisals for real property, statements for financial accounts)
• Safeguarding assets during the administration period
• Managing ongoing obligations (property maintenance, bill payments)

Step 5: Payment of Debts and Taxes

Before any assets can be distributed to beneficiaries, the personal representative must:

• Pay valid creditor claims in the order of priority established by Minn. Stat. § 524.3-805
• File the decedent’s final income tax return
• File a Minnesota estate tax return if the gross estate exceeds $3 million
• File a federal estate tax return if the gross estate exceeds the federal exemption ($13.61 million)
• Pay any taxes owed

For estates subject to Minnesota estate tax, careful planning and timely filing are critical. For more on this topic, see the guide to Minnesota estate tax.

Step 6: Distribution to Beneficiaries

After all debts, taxes, and expenses have been paid, the personal representative distributes the remaining assets according to:

• The terms of the will (if one exists), or
• Minnesota’s intestate succession laws (if there is no will)

Step 7: Closing the Estate

In informal probate, the personal representative files a closing statement with the court, certifying that all duties have been completed. In formal or supervised probate, the personal representative petitions the court for a formal order of distribution and discharge.

Timelines for Minnesota Probate

The timeline for probate in Minnesota varies depending on the complexity of the estate and the type of proceeding:

Factors that extend the timeline include contested claims, real property that must be sold, estate tax audits, difficulty locating heirs, and complex assets requiring specialized valuation.

Costs of Probate in Minnesota

Minnesota does not use a percentage-based fee schedule for probate (unlike states such as California). Instead, probate costs in Minnesota typically include:

• Court filing fees — Currently approximately $300-$400 for the initial filing
• Attorney fees — Billed hourly or on a flat-fee basis, depending on the complexity of the estate
• Personal representative compensation — The personal representative is entitled to reasonable compensation under Minn. Stat. § 524.3-719
• Publication costs — Fees for publishing the creditor notice in a local newspaper
• Appraisal and valuation costs — For real property, business interests, or other assets requiring professional valuation
• Accounting and tax preparation fees — For final income tax returns and estate tax returns

For a typical informal probate of a modest to moderate estate, total costs (including attorney fees) often range from $3,000 to $10,000. Complex estates with formal proceedings, tax issues, or disputes can cost significantly more.

Duties of the Personal Representative

The personal representative (sometimes called the executor or administrator) has significant legal responsibilities under Minnesota law, including:

Fiduciary Duties

• Duty of loyalty — Act in the best interests of the estate and its beneficiaries, not for personal benefit
• Duty of care — Manage estate assets with the same care a prudent person would use in managing their own affairs
• Duty to account — Keep detailed records of all transactions and provide accountings to interested parties upon request

Specific Responsibilities

• Locate and secure all estate assets
• Notify heirs, beneficiaries, and creditors
• Pay valid debts and claims in the proper order of priority
• File all required tax returns
• Manage estate property during administration
• Distribute assets according to the will or intestate succession law
• File closing documents with the court

A personal representative who breaches their fiduciary duties may be held personally liable for losses to the estate.

Small Estate Alternatives

Small Estate Affidavit

Under Minn. Stat. § 524.3-1201, if the value of the entire estate (excluding real property) does not exceed $75,000, an heir or beneficiary may collect estate assets using a small estate affidavit (also called a collection by affidavit). This affidavit can be presented directly to banks, financial institutions, and other holders of the decedent’s assets — no court proceeding is required.

Requirements for using a small estate affidavit:

• At least 30 days must have passed since the decedent’s death
• No probate proceeding has been filed or is anticipated
• The total value of the estate (excluding real property) does not exceed $75,000
• The affiant is entitled to the assets under the will or intestate succession law

Summary Administration

For somewhat larger estates that are still relatively simple, the court may approve a summary administration procedure that streamlines the process and reduces costs.

Avoiding Probate in Minnesota

For those who wish to minimize or avoid the probate process, Minnesota law provides several tools. These include joint tenancy, beneficiary designations, Transfer on Death Deeds, payable-on-death accounts, and revocable living trusts. Each has advantages and limitations that should be evaluated in the context of the overall estate plan.

For a detailed discussion of all available strategies, see the comprehensive guide on how to avoid probate in Minnesota. For a comparison of wills and trusts as primary estate planning tools, see wills vs. trusts in Minnesota.