1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingMinnesota Office of Vital Records
Certified Minnesota death records cost $13 per copy (a noncertified informational copy is also $13). The state Office of Vital Records accepts orders by mail or fax and does not offer in-person service; the fastest option is ordering in person at any county vital records office in Minnesota, which can issue death records statewide for deaths from 1908 to present - including the Itasca County vital records office. Minnesota law limits who may receive a certified death record (tangible interest); anyone may buy a noncertified informational copy. Verify current fees and identification requirements before ordering.
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 testator's death, a person having custody of the will must deliver it with reasonable promptness to a person able to secure its probate or, if none is known, to an appropriate court (Minn. Stat. 524.2-516). Minnesota does not set a fixed numeric day count in this template. District courts also accept deposit of wills for safekeeping during the testator's life for a $27 statewide fee. Verify the custodian's obligations and timing with the court. (Minn. Stat. 524.2-516)
Creditor claim window
Creditors generally have 4 months from publication of the 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 (including contents of a safe deposit box) by affidavit when the entire probate estate, less liens and encumbrances, does not exceed $75,000, at least 30 days have elapsed since death, and no personal representative has been appointed or has an application pending. 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 petitioner files a formal probate petition heard by a district court judge, used when there are will questions, heir disputes, missing originals, or when the registrar declines informal probate. Formal administration may be supervised or unsupervised by the court. Verify notice, hearing, and bond requirements with the court.
- 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 applicant files an application for informal probate of a will and/or informal appointment of a personal representative with the probate registrar. Informal probate proceeds without a court hearing if the application is accepted; the registrar may decline an application, in which case formal probate is required. Verify whether your case qualifies for informal probate with court administration.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Minnesota Judicial Branch Statewide Self-Help Center can help you understand forms and filing requirements at no cost.
Visit Self-Help Center