1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingMinnesota Office of Vital Records
Certified Minnesota death certificates ($13 per certified copy) can be ordered by mail or fax through the Minnesota Department of Health or, for fastest service, in person at a county vital records office. Houston County families can order at any Minnesota county vital records office regardless of where in Minnesota the death occurred; the district court does not issue death certificates.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
After the death of a testator and on request of an interested person, a person having custody of a will must deliver it with reasonable promptness to an appropriate court (Minn. Stat. 524.2-516). Minnesota sets no fixed numeric day count; a custodian who willfully fails to deliver the will is liable for damages. Verify handling of the original will with court administration. (Minn. Stat. 524.2-516)
Creditor claim window
Creditors generally have 4 months from date of the court administrator's published notice to creditors to bring claims against the estate. (Minn. Stat. § 524.3-801)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Minnesota small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Minnesota's small estate procedure lets a successor collect personal property by affidavit when the entire probate estate, less liens and encumbrances, does not exceed $75,000 and at least 30 days have elapsed since the death (or since the filing of a safe deposit box inventory for box contents). No personal representative may be appointed or have a pending application. Verify eligibility for the specific assets and institutions involved.
- Qualifies:
- $75,000
Minnesota allows summary closing of a small estate under Minn. Stat. 524.3-1203 when the gross probate estate, exclusive of the exempt homestead (Minn. Stat. 524.2-402) and exempt property (Minn. Stat. 524.2-403), does not exceed $150,000, after the spouse and children's selections and allowances and the priority expenses and claims under Minn. Stat. 524.3-805 have been paid. Procedures and required bonds vary; verify locally.
- Qualifies:
- Smaller estates that meet the state limit
Documents you'll need:
- Certified Death Record
- Acceptance of Appointment of Personal Representative and Oath by Individual
- Letters Testamentary or Letters of General Administration
- Inventory
A formal probate petition is heard by a district court judge and is used for more complicated estates or when court orders are needed (for example contested wills, unclear heirship, or real estate issues). Formal probate may be supervised or unsupervised. Verify the appropriate path with the court or an attorney.
- Qualifies:
- Estate over thresholds or complex situations
Formal or informal administration under Minn. Stat. ch. 524, article 3. The personal representative is appointed by the probate registrar (informal) or the district court (formal), gives notice to creditors by publication, prepares an inventory, pays claims, and distributes the estate. Formal proceedings are used when there are disputes, will questions, or a need for court supervision.
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Application for Informal Probate of Will and for Informal Appointment of Personal Representative
- Application for Informal Appointment of Personal Representative (without a Will)
- Petition for Formal Probate of Will and for Formal Appointment of Personal Representative
- Certified Death Record
- Original Will
- Acceptance of Appointment of Personal Representative and Oath by Individual
- Letters Testamentary or Letters of General Administration
- Notice to Creditors
- Inventory
An application for informal probate is reviewed by the probate registrar without a hearing in front of a judge. It suits less complicated estates; the personal representative collects, inventories, and protects assets, pays valid debts, and distributes the estate. Verify eligibility and required forms with court administration.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Houston County District Court Administration / Minnesota Judicial Branch Probate Help Topic can help you understand forms and filing requirements at no cost.
Visit Self-Help Center