How Do I File for Probate in Minnesota?

Minnesota offers a small-estate or summary procedure that can transfer property without a full grant of Letters when the estate qualifies. Two distinct tracks: INFORMAL (Probate Registrar appoints and issues Letters, no hearing — § 524.3-301: "Applications for informal probate or informal appointment shall be directed to the registrar") and FORMAL (District Court judge, with notice and hearing — § 524.3-401: "A formal testacy proceeding is one conducted with notice to interested persons before a court to establish a will or determine intestacy"). Both tracks are time-barred by § 524.3-108: "No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent's death." Letters Testamentary (with a will — PRO1202/PRO802) and Letters of General Administration (without a will — PRO1102/PRO702) are issued only after appointment and the filed Acceptance/Oath (PRO902); § 524.3-103: "Administration of an estate is commenced by the issuance of letters." Small estates ≤ $75,000 with no solely-owned real estate use the PRO202 collection-by-affidavit, which is never filed with the court and bypasses appointment and Letters entirely.

District Court handles decedents' estates in Minnesota. Probate Registrar in informal proceedings issues Letters Testamentary or Letters of General Administration after the court grants the petition.

Letters Testamentary are issued when there is a will (to the executor); Letters of General Administration are issued when there is no will (to an administrator). They give the personal representative authority to act for the estate.