Martin County District Court probate division Guide
Settled Estate records a $320+ court filing fee and a 4-month creditor claim period for the Martin County District Court, read from 9 linked sources and last verified June 11, 2026.
Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
Certified Minnesota death certificates are issued through the statewide vital records system: order from the state Office of Vital Records by mail or fax, or in person at any county vital records office, which is usually the fastest option. Martin County families can order at the Martin County vital records office (see the official county website) or through the state office; the district court does not issue death certificates.
Make a list of what you find (don't throw anything away yet)
Locate Important Documents
Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)
2
Required 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 an appropriate court on request of an interested person (Minn. Stat. 524.2-516). Minnesota does not set a fixed numeric day count for this duty; a will may also be deposited with the court administrator for safekeeping for a $27 fee (Minn. Stat. 357.021 subd. 2). Verify the custodian's obligations and timing with the court. (Minn. Stat. 524.2-516)
Cost: Verify locally
Where: Martin County District Court Administrator's Office
Creditors generally have 4 months from first 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
3
Assess Your Situation
Before filing anything
Which probate type is right for you?
1
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.
2
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
3
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.
Minnesota's small estate procedure lets a successor collect personal property by affidavit when the entire probate estate, wherever located, less liens and encumbrances, does not exceed $75,000, at least 30 days have passed since death, and no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction. Verify eligibility for the specific assets and institutions involved.
Qualifies:
$75,000
Minnesota allows summary closing of a small estate when the gross probate estate, exclusive of the exempt homestead and exempt property, does not exceed $150,000 after the spouse and children's selections and allowances and priority expenses and claims have been paid. Procedures vary; verify eligibility and local practice with the court before relying on this path.
Qualifies:
$150,000
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
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), publishes notice to creditors, prepares an inventory within six months of appointment or nine months after death (Minn. Stat. 524.3-706), pays claims, and distributes the estate. Formal proceedings are used when there are disputes, will questions, or a need for court supervision. Verify bond, notice, and hearing requirements with the court.
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
4
File for Probate
Where to file, forms & fees
Where to File
Office: Martin County District Court
Address: Martin County Courthouse, 201 Lake Avenue, Fairmont, MN 56031
Hours: Monday through Friday, 8:00 a.m. to 5:00 p.m.
When a Minnesota vehicle owner dies, the certificate of title must be transferred to remove the deceased owner's name. Minnesota DVS recommends completing the transfer in person at an authorized deputy registrar office because multiple documents and signatures are typically required. The transfer path depends on the ownership situation: joint ownership, surviving spouse, non-probate heirs, probate estate, no legal heirs (affidavit), TOD beneficiary, or revocable trust.
Transfer scenarios
Joint Owner — 'OR' Appears on Title
Documents needed:
Proof of death (one of: copy of death certificate, copy of obituary notice, copy of memorial card)
Vehicle title
Payment of appropriate fees
Lien release, if applicable
Present documents at any authorized deputy registrar office. The surviving owner signs the title as the new owner.
Joint Owner — 'OR' Does Not Appear on Title
Documents needed:
Proof of death (one of: copy of death certificate, copy of obituary notice, copy of memorial card)
Vehicle title
Payment of appropriate fees
Lien release, if applicable
Completed and notarized Surviving Spouse/Not Subject to Probate form (PS2071); OR Affidavit of Collection of Personal Property (MN Courts Form PRO202)
Present documents at any authorized deputy registrar office.
Surviving Spouse — No Co-Owner on Title
Documents needed:
Vehicle title (if lost, apply for duplicate title first)
Completed and notarized Surviving Spouse/Not Subject to Probate form (PS2071)
Proof of death (one of: copy of death certificate, copy of obituary notice, copy of memorial card)
Payment of appropriate fees
Lien release, if applicable
Complete and notarize Form PS2071. Present at any authorized deputy registrar office.
No Surviving Spouse — Vehicle Not Subject to Probate
Documents needed:
Vehicle title (if lost, apply for duplicate title first)
Completed and notarized Not Subject to Probate form (PS2071)
Proof of death (one of: copy of death certificate, copy of obituary notice, copy of memorial card)
Payment of appropriate fees
Lien release, if applicable
Complete and notarize Form PS2071. The next surviving heir as defined by Minn. Stat. § 524.2-103 presents documents at any authorized deputy registrar office.
Owner's Estate Subject to Probate
Documents needed:
Vehicle title (executor completes as seller, signing for each person listed on the title)
Payment of appropriate fees
Lien release, if applicable
One of the following from a Minnesota court: Certified copy of Letters of Administration (all appointed executors/administrators must sign unless document allows independent action); OR Certified copy of Probate Court Order setting aside property to surviving spouse; OR Certified copy of Decree of Partial Distribution specifically awarding the vehicle to the title applicant; OR Certified copy of the Final Decree of Distribution indicating to whom the property was distributed (if vehicle is not titled in name of all persons listed, an assignment of ownership by non-titling persons is required)
Open probate in the district court of the county where the decedent was domiciled. Obtain certified copy of appropriate court document. Present at any authorized deputy registrar office.
No Legal Heirs — Affidavit for Collection of Personal Property
Documents needed:
Affidavit for Collection of Personal Property (MN Courts Form PRO202) — completed and notarized
Vehicle title (if lost, apply for duplicate title first)
Proof of death (one of: copy of death certificate, copy of obituary notice, copy of memorial card)
Payment of appropriate fees
Lien release, if applicable
Complete and notarize the Affidavit for Collection of Personal Property (Form PRO202, available from Minnesota Courts). Present documents at any authorized deputy registrar. The motor vehicle registrar shall issue a new certificate of title upon presentation of the affidavit (Minn. Stat. § 524.3-1201(d)).
Transfer-on-Death (TOD) Beneficiary
Documents needed:
Vehicle title (if lost, apply for duplicate title first)
Proof of death (one of: copy of death certificate, copy of obituary notice, copy of memorial card)
Payment of appropriate fees
Lien release, if applicable
TOD beneficiary presents the title and certified death record at any authorized deputy registrar office. No probate or court order required.
Revocable Trust
Documents needed:
Copy of trust document showing trustee's appointment
Vehicle title (if lost, apply for duplicate title first)
Proof of death (one of: copy of death certificate, copy of obituary notice, copy of memorial card)
Payment of appropriate fees
Lien release, if applicable
If transferring to a legal heir (sales-tax exempt): copy of trust agreement showing beneficiary OR trustee's declaration that applicant inherited the vehicle
Appointed trustee signs the title as seller and presents documents at any authorized deputy registrar office. Sales tax is not due if vehicle is transferred to a legal heir.
Forms
Assignment of a Vehicle to a Surviving Spouse / Not Subject to Probate(PS2071)(Must be notarized. Used for both the 'surviving spouse' and 'no surviving spouse/not subject to probate' transfer scenarios. Available at deputy registrar offices and from DVS.)
Application to Title and Register a Motor Vehicle(PS2000A)(Completed by the recipient of the vehicle. Available at deputy registrar offices and from DVS.)
Affidavit for Collection of Personal Property(PRO202)(Available from Minnesota Courts (mncourts.gov). Must be completed and notarized. Estate value (net of liens/encumbrances) must not exceed $75,000 as of date of death.)
Application for Duplicate Title, Registration, Cab or Lien Card(PS2067A)(May be filed in person at a deputy registrar (same-day duplicate title available at most locations) or mailed to DVS. Total fees by mail: $21.50 ($7.25 duplicate title + $2.25 tech fee + $12 filing fee). $1 surcharge for in-person processing at a deputy registrar.)
Fees
Title fee $8.25 per DVS fee schedule at dps.mn.gov/divisions/dvs/vehicle/vehicle-fees. Due on all initial applications for title and title transfers.$8.25
Filing fee $12 due with each title transaction.$12
Technology surcharge $2.25 due with each title transaction (except when only change is addition/removal of lien holder).$2.25
Local office surcharge $1 for transactions processed at a deputy registrar.$1
Transfer tax $10. Not due for: transfers from joint to single ownership; licensed dealer name (held for resale); government entity; owner's name already on out-of-state title; or vehicles under 1,000 lbs.$10
Public Safety Vehicle (PSV) fee $3.50. Not due on transfers of non-titled trailers.$3.5
Late transfer penalty $2 if transfer not submitted within 20 calendar days of sale date.$2
Duplicate title fee $7.25. Total cost by mail: $21.50 (includes $12 filing fee + $2.25 tech fee).$7.25
Fees set by the Minnesota Legislature. Registration (plate) fees and registration tax are separate from title fees. Sales tax may be due depending on the transfer type (not due when transferring to an heir or legal beneficiary as a gift). Wheelage tax varies by county.
Small-estate vehicle transfer
Minnesota's small-estate affidavit procedure under Minn. Stat. § 524.3-1201 allows a successor to collect a deceased person's personal property — including motor vehicles — without opening a probate proceeding, when the net estate value does not exceed $75,000 and 30 days have elapsed since death. The motor vehicle registrar shall issue a new certificate of title upon presentation of the affidavit (§ 524.3-1201(d)).
This path is labeled 'No legal heirs' on the DVS page but also applies when there are heirs — the key requirement is the estate value threshold and 30-day wait. If there is a surviving spouse, the spouse is first entitled to use the Surviving Spouse form (PS2071) instead. The motor vehicle registrar shall issue new title under § 524.3-1201(d). A will cannot be used to transfer a motor vehicle title directly, but may be used to show inheritance and establish sales-tax exemption.
Lost or duplicate title
If the original certificate of title is lost, mutilated, stolen, destroyed, or illegible, a duplicate title must be obtained before completing the deceased-owner transfer.
Apply in person at any deputy registrar (most can print same-day). Or mail completed Form PS2067A with $21.50 (check payable to DVS) to DVS. Issuance of a duplicate title invalidates all previously issued titles.
Form:Application for Duplicate Title, Registration, Cab or Lien Card(PS2067A)
Official DVS page covering all transfer scenarios with document requirements: joint owner, surviving spouse, non-probate heir, probate estate, no legal heirs (affidavit), TOD beneficiary, and revocable trust.
Official fee schedule: title fee $8.25, filing fee $12, technology surcharge $2.25, local office surcharge $1, transfer tax $10, duplicate title fee $7.25, late transfer penalty $2.
Official statute authorizing small-estate affidavit procedure. $75,000 net estate threshold; 30-day waiting period; motor vehicle registrar shall issue new title upon presentation (subd. (d)).
Official DVS tool to find authorized deputy registrar offices by zip code and service type. Select 'Vehicle Title Transactions' to find offices that process title transfers.
Official Minnesota Courts form for small-estate affidavit under Minn. Stat. § 524.3-1201. Required when using the affidavit path for vehicle transfer with no legal heirs or non-probate estates.
Probate filing fees in Martin County, Minnesota vary by the type of administration. The court filing fee shown on this page is $320+; confirm current amounts with the District Court probate division before filing.
How long does probate take in Martin County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Martin County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.
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Verified against Martin County District Court on June 11, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Minnesota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.