What probate is
Probate is the court-supervised process of proving a will (if there is one), appointing someone to administer the estate, paying debts and taxes, and distributing what is left. In Minnesota the person appointed is the personal representative; most people know the role by its traditional name, executor.
When probate is required
Probate is generally needed when a person dies owning, in their own name alone, real estate of any value or other assets totaling more than $75,000. Property that passes outside probate does not count toward that figure:
- Assets held in a revocable living trust.
- Accounts with a valid beneficiary designation or transfer-on-death registration.
- Property owned jointly with right of survivorship.
- Real estate transferred by a transfer-on-death deed.
Small estates with no real estate and less than $75,000 of probate assets can often be collected with an affidavit rather than a court proceeding.
Informal and formal probate
- Informal probate
- Handled through the court's probate registrar with minimal hearings. Appropriate when the will is clear, the heirs are known, and no disputes are expected. This is the most common form.
- Formal probate
- Supervised by a judge, with hearings and court orders. Used when the will is contested, heirs cannot be located, the estate is insolvent, or the estate needs the court's authority for a particular decision.
The steps, in order
- File the application or petition. The original will, death certificate, and application are filed in the county where the decedent lived.
- Notice. Interested persons receive notice, and a notice to creditors is published for two consecutive weeks.
- Appointment. The court issues Letters Testamentary (or Letters of General Administration if there is no will), which give the personal representative authority to act.
- Inventory. The personal representative identifies and values all probate assets, typically within six months.
- Creditor period. Creditors have four months after publication to present claims. Valid claims are paid; disputed ones are contested.
- Taxes. Final income tax returns are filed, and estate tax returns if the estate is large enough to require them.
- Distribution. Remaining assets go to the beneficiaries under the will or to heirs under intestate succession.
- Closing. The personal representative files a closing statement (informal) or petitions for a final decree (formal), and the estate is closed.
How the office helps
We represent personal representatives through the entire process: preparing filings, publishing notices, advising on creditor claims and sales of real estate, coordinating with accountants, and preparing the accounting and closing documents. We also represent beneficiaries and heirs who have questions about how an estate is being handled.
Common questions
Does having a will avoid probate?
No. A will is administered through probate. Avoiding probate generally requires a living trust, beneficiary designations, and careful titling during your lifetime.
How much does probate cost?
Costs include the court filing fee, publication fees, and attorney and personal representative fees, which in Minnesota must be reasonable rather than a fixed percentage. The complexity of the estate drives the total.
Can a personal representative be paid?
Yes. Minnesota allows reasonable compensation for the personal representative's work, though many family members choose to waive it.
What if someone contests the will?
The matter proceeds as a formal probate, where the court hears evidence about the will's validity. Proper drafting, witnessing, and a self-proving affidavit make a successful contest far less likely.
This page is general information about Minnesota and federal law as it relates to the probate process. It is not legal advice for your situation. Laws and tax thresholds change; confirm current figures with the office before acting.