Reviewed by Kole Pederson, attorney licensed in Nebraska and Minnesota. Published November 5, 2026.
What is probate?
Probate is how the law moves a person’s property to the right people after they die. A court gives one person the power to act for the estate. That person is called the personal representative (the person in charge of the estate, sometimes called the executor).
The personal representative gathers what the person owned, pays valid bills and taxes, and then hands out what is left. The will says who gets what. If there is no will, Minnesota law decides.
Not everything goes through probate. These usually pass outside of it:
- Bank accounts and land owned jointly “with right of survivorship”
- Life insurance and retirement accounts with a named beneficiary
- Property that was moved into a living trust
- Land with a recorded transfer on death deed
Probate is for what is left: things in the person’s name alone, with no beneficiary.
Do you need probate in Minnesota?
You usually need probate if the person owned land or a house in their name alone. You also usually need it if their other property in their name alone is worth more than $75,000.
Small estates. Minnesota has a shortcut for small estates. If the whole probate estate is worth $75,000 or less (after subtracting loans against it), an heir can use a sworn form called a small estate affidavit. It can be used 30 days after death. It works for things like bank accounts, vehicles, and stock. The law does not clearly cover land, so land usually needs probate or another process.
Farm families, take note. If farmland is titled in a parent’s name alone, plan on probate. A trust or a transfer on death deed is what usually keeps land out of probate.
The three kinds of Minnesota probate
| Kind | Who handles it | When it is used |
|---|---|---|
| Informal | The probate registrar (a court office). No hearing. | Most estates. The will is clear, or there is no will, and the family agrees. |
| Formal | A judge, with a hearing. | There are questions about the will, heirs are hard to find, or someone objects. |
| Supervised | A judge watches each step. | Rare. Used when the court needs to watch the estate closely. |
Midwest Ag Law handles uncontested estates. If family members are fighting over the will or the land, you need a trial lawyer. See what we do not do.
Minnesota probate, step by step
- Find the will and gather papers. Look for the original will, deeds, account statements, and the death certificate.
- Open the case. File in district court in the county where the person lived. For informal probate, the appointment cannot happen until at least 120 hours (five days) after death.
- Get appointed. The court issues letters (papers that prove the personal representative can act for the estate). Banks and buyers will ask to see them.
- Notify creditors. A notice runs in a legal newspaper once a week for two weeks in a row. Known creditors must get notice within three months after it first runs. Creditors then have four months from the notice to make claims.
- List what the estate owns. The personal representative makes an inventory (a list of property and what it is worth). It is due within six months after appointment or nine months after death, whichever is later. A copy goes to the surviving spouse, the main heirs, and anyone else who asks.
- Pay bills and taxes. This includes final income tax returns and, for larger estates, the Minnesota estate tax return.
- Transfer property and close. After the claim period ends, the personal representative signs deeds, moves accounts, and hands out what is left. Then the estate is closed.
How long does probate take in Minnesota?
Informal probate usually takes at least six months. The four-month creditor period sets the floor. Many simple estates finish in six months to a year. It takes longer when land must be sold, a tax return is needed, heirs are hard to reach, or people disagree.
Do not wait too long to start. In most cases, informal probate must begin within three years after death. There are some exceptions, but waiting can make things harder.
Farmland and probate
Land is often the biggest asset in a farm estate. While probate is open, the personal representative can usually keep the farm running and collect rent. Ask your attorney what the will and the law allow before you sign a new lease or sell anything.
If the person owned land in another state, like Nebraska or North Dakota, that state may need its own probate case too. This is called ancillary probate (a second, smaller probate where the out-of-state land sits).
The best time to fix probate is before anyone dies. A revocable living trust, a transfer on death deed, or the right kind of joint ownership can keep land out of probate. A farm succession plan also decides who runs the farm next.
Minnesota estate tax is a separate question
Probate and estate tax are not the same thing. Minnesota has its own estate tax. It can apply when an estate is worth more than $3 million. The return is due nine months after death.
Minnesota also has a special subtraction for qualified farm property. It can lower the tax for some farm estates, but the rules are strict. Read our Minnesota estate tax guide for farm families to learn more.
What does Minnesota probate cost?
Costs usually include a court filing fee, the newspaper notice, appraisals if land must be valued, and attorney fees. The more the estate owns and the more steps it needs, the more it costs.
Midwest Ag Law handles uncontested Minnesota probate for a flat fee. You know the price before we start, and there is no hourly billing.
Can Minnesota probate be done remotely?
Yes, for most uncontested estates. We handle Minnesota probate by phone, video, email, and mail. You do not need to drive to our office or to the courthouse for most cases.
Common questions
Do I need a lawyer for Minnesota probate?
Minnesota does not always require one. But mistakes can delay the estate or make the personal representative responsible for problems. A lawyer helps most when the estate has land, debts, or a tax return.
What happens if there is no will?
Minnesota law sets the order of who inherits. A spouse and children usually come first. The court still appoints a personal representative to settle the estate.
Who can be the personal representative?
Usually the person named in the will. If there is no will, a spouse or another heir is usually first in line. The person must be an adult.
Does the personal representative get paid?
Minnesota law allows reasonable pay for the work. Many family members choose not to take it.
How long do creditors have to make a claim?
Four months from the date of the published notice. Claims that come in late are usually barred.
If your family is facing probate in Minnesota, see how we help on our Minnesota probate attorney page, or contact us.
This guide gives general information, not legal advice for your situation. Laws change, and every estate is different.
