Probate is the court-involved process of settling an individual's estate after death. The process generally includes providing a will to the court (if there is one), appointing a personal representative, paying debts and taxes, and transferring the remaining property to the right heirs, devisees, or beneficiaries. Probate is governed by the Minnesota Uniform Probate Code (Minnesota Statutes Chapter 524) and generally handled by the district court in the county where the person lived.
When is Probate Required in Minnesota?
Probate is generally required when a person dies owning assets in their sole name, with no beneficiary or joint owner, worth more than $75,000; or owning real estate in their sole name. Whether there is a will does not decide the question; what matters is how each asset was titled.
Assets that usually go through probate:
Real estate titled only in the deceased person's name, with no transfer on death deed.
Bank and investment accounts in the person's sole name with no payable-on-death (POD) or transfer-on-death (TOD) beneficiary.
Vehicles, personal belongings, and business interests owned individually.
Assets that usually pass outside probate:
Property held in joint tenancy with right of survivorship
Life insurance, retirement accounts (IRA, 401(k)), and annuities with a living named beneficiary
POD and TOD accounts
Real estate with a recorded Minnesota transfer on death deed (TODD)
Assets held in a funded revocable living trust
Minnesota small estate affidavit. If the probate estate is $75,000 or less and at least 30 days have passed since the death, heirs can often collect personal property (such as a bank account or vehicle) with a small estate affidavit instead of opening probate (Minn. Stat. § 524.3-1201). The affidavit cannot be used to transfer real estate.
Summary administration. A simplified court process may be available when the estate, excluding homestead and exempt property, is $150,000 or less, or when the only assets are the homestead, exempt property, or family allowance (Minn. Stat. § 524.3-1203).
Determination of Descent. If someone died more than three years ago and no will was probated, an interested person can ask the court to decide who inherits their property (Minn. Stat. § 525.312).
What are the Steps of Probate in Minnesota?
The probate process follows eight general steps, from locating the will to closing the estate. The details will vary depending on whether the case is informal or formal.
Locate the original will and gather information. Find the original signed will, a certified death certificate, and a list of the deceased person's assets, debts, and heirs.
File the probate application or petition. The probate application or petition is generally filed in the district court of the county where the person lived at death.
Appointment of the personal representative. The court or registrar appoints the personal representative (a.k.a. executor) and issues Letters Testamentary (with a Will) or Letters of General Administration (without a Will). These letters give the representative legal authority to act for the estate.
Notify heirs, beneficiaries, and creditors. The personal representative will then mail notice to heirs and devisees, or other interested parties. A notice to creditors is published once a week for two consecutive weeks in a legal newspaper, and known creditors receive direct notice. Creditors generally have four months from first publication to file claims (Minn. Stat. § 524.3-801, 3-803).
Inventory and value the estate. The personal representative identifies, secures, and values all probate assets, and prepares an inventory.
Pay valid debts, expenses, and taxes. Pay funeral costs, administration expenses, valid creditor claims, and any final income taxes. Minnesota estate tax applies only to larger estates. As of 2026, the exclusion is $3,000,000.
Distribute the remaining property. Transfer property to beneficiaries under the will, or to heirs under Minnesota's intestacy laws if there is no will. Real estate is transferred by a personal representative's deed.
Close the estate. File a closing statement (informal) or petition for a final decree of distribution (formal), and the personal representative is discharged.
How long does probate take in Minnesota, and what does it cost?
A simple, uncontested probate usually takes about 6 to 12 months; complex or contested estates can take longer. The four-month creditor claim period sets the practical minimum, because most estates should not be distributed and closed before it ends.
Common probate costs include:
Court filing fees and certified copies
Publication of the notice to creditors in a legal newspaper
Attorney fees, which in Minnesota are typically billed hourly rather than a percentage of the estate
Reasonable compensation for the personal representative, if they choose to take it
Appraisals, accounting, and tax preparation
The total cost of an uncontested probate in typically ranges from $2,000 to $8,000, including attorney fees, court filing fees, and publication costs. The final cost depends on the size and complexity of the estate, and contested or complex estates can cost more.
How can you Avoid Probate in Minnesota?
Most families can avoid probate entirely with an estate plan that titles each asset to pass directly to the next owner. The most common probate-avoidance tools are:
Revocable living trust. Assets retitled into a funded trust pass to beneficiaries without court involvement, and the trust stays private.
Transfer on death deed (TODD). A recorded TODD passes your home or other real estate to named beneficiaries at death (Minn. Stat. § 507.071).
Beneficiary designations. Name and regularly update beneficiaries on life insurance, retirement accounts, and annuities.
POD and TOD accounts. Add payable-on-death or transfer-on-death beneficiaries to bank and brokerage accounts.
Joint ownership. Joint tenancy with right of survivorship can avoid probate, though it carries tax and creditor risks worth discussing with an attorney.
A will alone does not avoid probate. A will directs who receives probate assets, but those assets still pass through the probate court.
How the Attorneys at Cooperative Will & Trust help with Minnesota Probate
Cooperative Will & Trust is a Minnesota estate planning and probate law firm that guides personal representatives and families through every step of probate and helps clients plan ahead to avoid probate altogether. Our probate attorneys help with:
Deciding whether probate is needed, or whether a small estate affidavit or summary administration will work
Filing for probate and getting the personal representative appointed
Creditor notices, inventories, and distributions
Transferring real estate and closing the estate
Creating revocable trusts, wills, and transfer on death deeds so your own family can skip probate or be directed through probate.
If a loved one has passed away, or you want to spare your family the probate process, contact Cooperative Will & Trust to schedule a free consultation.
This article provides general information about Minnesota probate law and is not legal advice. Every estate is different; consult a Minnesota attorney about your situation. Figures are current as of November 2026.