Minnesota Inheritance: Plan an Estate or Settle One

Minnesota has adopted the Uniform Probate Code, has enacted the Uniform Trust CodeMinn. Stat. § 501C.0101 et seq.Verified Oct 17, 2026View source, and has not adopted the Uniform Power of Attorney ActMinn. Stat. §§ 523.01, 523.02, 523.05, 523.07, 523.075, 523.08, 523.17, 523.18, 523.20, 523.23, 523.231, 523.24Verified Sep 18, 2026View source.

Probate of a simple estate in Minnesota runs 4 months to 6 months; an average estate takes 6 months to 9 months. The court filing fee is $310Minn. Stat. § 357.021, subd. 2(1); 2025 Minn. Laws c. 35, art. 1, § 20Verified Sep 8, 2026View source; attorney fees are reasonable compensationMinn. Stat. § 525.515 (just and reasonable compensation; no statutory percentage; review under § 524.3-721)Verified Sep 8, 2026View source; executor compensation typically runs 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate. On a $500,000 estate the estimated total comes to $26,108Minn. Stat. § 525.515 (just and reasonable compensation; no statutory percentage; review under § 524.3-721)Verified Sep 8, 2026View source. Informal, unsupervised probate is availableMinn. Stat. § 524.3-301Verified Sep 8, 2026View source for uncontested estates.

Certified death certificates come from the Minnesota Department of Health - Office of Vital RecordsMinnesota Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source at $13Minnesota Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source a copy, $6Minnesota Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source for each additional copy ordered with it. Once appointed, the personal representative files the estate inventory within 180 daysMinn. Stat. §§ 524.3-706, 524.3-708Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 2Minn. Stat. §§ 524.3-801, 524.3-803, 524.3-805, 524.3-806Verified Oct 18, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to take a statutory share insteadMinn. Stat. § 524.2-202Verified Sep 15, 2026View source. The family allowance during administration is capped at $2,300Minn. Stat. §§ 524.2-403, 524.2-404Verified Sep 15, 2026View source a month. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsMinn. Stat. § 527.40Verified Sep 15, 2026View source of age. Minnesota taxes incomeMinn. Stat. § 290.06Verified Sep 20, 2026View source at a top rate of 9.85%Minn. Stat. § 290.06Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: ordinary income tax at the state's regular rates, plus a 1% surtax on net investment income above $1,000,000Minn. Stat. § 290.06 (graduated rate schedule 5.35%/6.80%/7.85%/9.85%)Verified Sep 15, 2026View source.