Minnesota Petition for Probate

Introduction

Key Things to Know

1. 1

   Probate is filed in the Minnesota District Court of the county where the decedent was domiciled. The informal filing is the Application for Informal Probate of Will and for Informal Appointment of Personal Representative (Form PRO802), or Form PRO702 if there is no will. Formal proceedings use a petition (Minn. Stat. 524.3-401). The court's form controls over any draft petition.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. A person named in a will must still apply and be appointed, and should not distribute, pay heirs or sell property before appointment or before the creditor period has run.

3. 3

   There is no short deadline to open probate, but no informal or formal proceeding may be started more than three years after death except in narrow cases (524.3-108). Informal probate cannot issue until 120 hours after death (524.3-302). A person holding a will must deliver it with reasonable promptness to an appropriate court on request of an interested person; no number of days is set (524.2-516).

4. 4

   Priority to serve runs: the person named in a probated will; a surviving spouse who is a devisee; other devisees; the surviving spouse; other heirs; a creditor, 45 days after death; an undischarged conservator, 90 days after death. A person aged 18 or older may renounce in writing. A person under 18 is not qualified (524.3-203). For a nonresident, ask the court.

5. 5

   After informal probate, notice is published once a week for two consecutive weeks in a legal newspaper in the county and mailed by first class mail to interested persons other than creditors (524.3-306). In formal proceedings, notice of hearing goes to the spouse, children, other heirs and devisees, with the last publication at least 10 days before the hearing (524.3-403).

6. 6

   Creditors get a published notice once a week for two successive weeks, and known creditors must be served within three months after first publication (524.3-801). Claims are due four months after first publication, or one month after service if that is later; claims are barred one year after death in any event (524.3-803). Bond is generally not required in informal proceedings unless the will requires it, a special administrator is appointed or bond is required under 524.3-605 (524.3-603).

7. 7

   Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate, and Minnesota has an affidavit route for some small estates. See our small estate affidavit page. An objection to an appointment can be made only in formal proceedings (524.3-203(b)); attorney review is available if a will contest is likely.

Minnesota Requirements for Petition for Probate

• District Court and Probate Registrar

  Probate is filed in the Minnesota District Court of the county of the decedent's domicile. In informal proceedings the county Probate Registrar, a court officer and not a judge, reviews the application and appoints. Formal proceedings go before a judge (Minn. Stat. 524.3-301, 524.3-401).

• Application on Form PRO802 or PRO702

  The informal filing is the Application for Informal Probate of Will and for Informal Appointment of Personal Representative (PRO802), or Form PRO702 without a will. The application is verified by the applicant and must state that the time limit has not expired. The court's form controls (Minn. Stat. 524.3-301).

• Three-Year Outer Limit and 120-Hour Wait

  No informal or formal probate or appointment proceeding may be started more than three years after death, with exceptions (Minn. Stat. 524.3-108). Informal probate cannot issue until 120 hours after death (524.3-302).

• Will Custodian Must Deliver the Will

  On request of an interested person, a person holding the will must deliver it with reasonable promptness to an appropriate court. No number of days is set. Willful failure creates liability for damages (Minn. Stat. 524.2-516).

• Priority and Qualification to Serve

  Priority runs from the person under a probated will, a surviving spouse who is a devisee, other devisees, the surviving spouse and other heirs, then a creditor 45 days after death and a conservator 90 days after death. A person under 18 is not qualified (Minn. Stat. 524.3-203).

• Notice to Interested Persons

  After informal probate, notice is published once a week for two consecutive weeks in a county legal newspaper and mailed by first class mail to interested persons other than creditors (Minn. Stat. 524.3-306). In formal proceedings the last publication is at least 10 days before the hearing (524.3-403).

• Creditor Notice and Claims Period

  Known creditors must be served within three months after first publication. Claims are due four months after first publication, or one month after service if later, and are barred one year after death in any event (Minn. Stat. 524.3-801, 524.3-803).

• Bond Generally Not Required Informally

  No bond is required in informal proceedings unless a special administrator is appointed, the will expressly requires bond, or bond is required under section 524.3-605. In formal proceedings the will or all interested persons other than creditors with an apparent interest over $1,000 may waive it, but the court can still require bond (Minn. Stat. 524.3-603).