Serves the Driftless region from offices in Winona, La Crosse (WI), and Alma (WI). Handles trust and probate estate administration, guardianships and conservatorships, and Medical Assistance planning, and drafts wills, revocable and credit shelter trusts, and powers of attorney.
What to Do When Someone Dies in Winona County, Minnesota
How probate works in Winona County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Winona County District Court
Winona County · Third Judicial District
Phone
Hours
Monday, Tuesday, Thursday, Friday 8:00 AM-4:30 PM; Wednesday 9:00 AM-4:30 PM
Office
171 West 3rd Street, Winona, MN 55987
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysFiling fees paid through eFile and eServe take Visa, Mastercard or Discover; American Express is not accepted. On paper: Self-represented litigants are exempt from mandatory e-filing and may file on paper at the courthouse or by mail; they may also choose to e-file (once a self-represented filer e-files into a case, they must continue to e-file for the rest of that case).
Self-represented filing
AllowedThe Minnesota Judicial Branch publishes statewide probate forms for starting and closing informal and formal probate, collecting a small estate by affidavit, and determining descent.
Self-help center
- Self-help service1-651-435-6535 · Monday-Friday 9:00 AM-4:00 PMThe Statewide Self-Help Center answers questions by phone and through an online contact form. Staff give legal information and court forms, not legal advice. Every county courthouse except Hennepin has a Self-Help workstation with a computer, phone and printer.
Fax
1-507-452-5979
About the court
- Wednesday hours start at 9:00 AM. District court has original jurisdiction in all civil, family, probate, juvenile, criminal, and traffic cases filed in Winona County.
Verified October 15, 2026 · Source
How Probate Works in Winona County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Winona, probate runs through the District Court at 171 West 3rd Street, Winona. The court sits in the Third Judicial District.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Minnesota intestacy law when there is no will.
Most Minnesota estates take 6 months to 9 months to move through this process. Creditors have 4 monthsMinn. Stat. §§ 524.3-801, 524.3-803, 524.3-805, 524.3-806Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Winona County
What probate costs in Winona County, Minnesota comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the District Court at 171 West 3rd Street, Winona. The court is part of the Third Judicial District.
The District Court charges $310Minn. Stat. § 357.021, subd. 2(1); 2025 Minn. Laws c. 35, art. 1, § 20Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Minnesota are negotiated, typically 1.9%Modeled estimate under Minn. Stat. § 525.515 (just and reasonable compensation; no statutory percentage; review under § 524.3-721): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.1%Modeled estimate under Minn. Stat. § 525.515 (just and reasonable compensation; no statutory percentage; review under § 524.3-721): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Minnesota allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payMinn. Stat. § 524.3-719 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Minnesota requires publishing notice to creditors in a local newspaper, and the estate pays for it.
Probate in Minnesota typically runs 6 months to 9 months, and costs accrue throughout that period.
How to File Probate at the District Court
Probate cases in Winona County, Minnesota are filed at the District Court. The court sits in the Third Judicial District.
The Statewide Self-Help Center answers questions by phone and through an online contact form. Staff give legal information and court forms, not legal advice. Every county courthouse except Hennepin has a Self-Help workstation with a computer, phone and printer.
Can You File Without an Attorney?
Minnesota has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableMinn. Stat. § 524.3-301Verified Sep 8, 2026View source.
For a full cost comparison and filing checklist, see the Winona County Self-Filing Assessment.
What to Bring
Filed with the opening petition at the District Court: Death certificate of the decedent, and of any heirs or devisees who died before the decedent; Original will and any codicils (for testate estates) (Minn. Stat. § 524.2-516 custodian's duty to deliver / § 524.3-301(2)(i) filing); Acceptance of Appointment of Personal Representative and Oath by Individual (PRO902); Nomination of Personal Representative and/or Renunciation of Priority for Appointment, and Bond (PRO901) where applicable; Affidavit of Mailing of Notice to interested persons (PRO703/PRO803 informal; PRO1103/PRO1203 formal) / Notice and Order for Hearing in formal casesMinn. Stat. §§ 524.3-301 to 524.3-311 (informal appointment); §§ 524.3-401 to 524.3-414 (formal testacy & appointment)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Winona County
In Minnesota a death is registered locally, and in Winona County certified copies of the death certificate are issued by Winona County Vital Records as well as by Minnesota Department of Health - Office of Vital Records.
Vital Records Office Record
County Vital Records Office
Winona County · Winona County Vital Records
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
202 West Third Street, Winona, MN 55987
Website
Fax
1-507-454-9397
Local rule
- The office holds Winona County deaths from 1870. The Winona County License Center at 1213 Gilmore Avenue also offers vital records services.
Certified copy fees
| First certified copy | $13 |
| Each additional copy ordered at the same time | $6 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
District Medical Examiner
Winona County · Southern Minnesota Regional Medical Examiner's Office
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Website
Serves this county
Southern Minnesota Regional Medical Examiner's Office
Cremation authorization
Signed by this office
Verified November 2, 2026 · Source
Transferring Property in Winona County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Recorder.
Deeds and other real property documents for Winona County are recorded with the County Recorder at 202 West Third Street, Winona, MN 55987. Phone: 1-507-457-6340. Hours: Monday-Friday 8:00 AM-4:30 PM.
The County Recorder charges $46 flat, regardless of page count.
Winona County accepts electronic recording through CSC, Indecomm, ePN and Simplifile.
Recording Office Record
County Recorder
Winona County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
202 West Third Street, Winona, MN 55987
Website
Fees
Recording fees
| Flat fee (any length) | $46 |
| Well Disclosure CertificateNot required for a TOD deed | $54 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Minn. Stat. 357.18 (Abstract); Minn. Stat. 508.82 (Torrens)
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Winona County
Minnesota allows informal probate, so many families settle straightforward estates in Winona County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Minnesota are based on reasonable compensation, billed hourly or as a flat fee. Ask a Winona County firm to quote a structure up front.
A probate attorney files the petition with the District Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Serves Olmsted and Winona counties from offices in Rochester and St. Charles, where it practices as Ryan Associates. Opens and closes informal and formal probate and small estates, and handles will contests, challenges to a personal representative's actions and family disputes over estate property. Its attorneys cite over 30 years of work with southeastern Minnesota families.
Serves Olmsted, Winona and Wabasha counties from Rochester, with offices in St. Charles, Winona and Lake City. Administers estates for personal representatives, from collecting assets to distribution, guides trustees through trust administration and its tax filings, and handles guardianship and conservatorship. Founded in 1973, with nine attorneys and a farm succession practice.
Serves Winona County and southeast Minnesota from Mankato Avenue in Winona. Guides families, banks and commercial clients through the full probate process after a death, and prepares wills, trusts, powers of attorney and health care directives. A second-generation family firm whose founder, Frank E. Wohletz, began practicing in Winona in the mid-1960s, led by attorney Gregory A. Wohletz.
Serves Renville, McLeod, Wright, and Olmsted counties from offices in Olivia, Hutchinson, Cokato, and Stewartville. Probate work covers collecting assets, paying debts and taxes, estate tax returns, court filings, and distribution to heirs; the firm also creates and administers trusts, handles guardianships and conservatorships, and does Medical Assistance planning.
Serves southern Minnesota from offices in Mankato and Madelia, and states that its lawyers serve the entire state. Handles probate and estate administration, trust administration, affidavits of collection, guardianship and conservatorship, and estate litigation including will contests and probate and trust disputes. The firm traces its origin to a Mankato law practice opened on July 1, 1893.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- Minn. Stat. § 357.021, subd. 2(1); 2025 Minn. Laws c. 35, art. 1, § 20
- Minn. Stat. § 524.3-301
- Minn. Stat. § 524.3-719 (reasonable compensation; no statutory percentage)
- Minn. Stat. §§ 524.3-301 to 524.3-311 (informal appointment); §§ 524.3-401 to 524.3-414 (formal testacy & appointment)
- Minn. Stat. §§ 524.3-801, 524.3-803, 524.3-805, 524.3-806
- Minn. Stat. 357.18 (Abstract); Minn. Stat. 508.82 (Torrens)
- Winona District Court, official page
- Winona County Recorder, official page
- Winona County vital records and death investigation offices, official page
Data sourced from Minnesota statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Minnesota
Free tools for settling an estate in Minnesota: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Minnesota.
How Do I Settle an Estate?
Settling an estate in Minnesota: the personal representative files the estate inventory within 180 daysMinn. Stat. §§ 524.3-706, 524.3-708Verified Sep 15, 2026View source of appointment; creditors have 4 monthsMinn. Stat. §§ 524.3-801, 524.3-803, 524.3-805, 524.3-806Verified Oct 18, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Minnesota happens outside court: the trustee acts under the state's Uniform Trust CodeMinn. Stat. § 501C.0101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Minnesota has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableMinn. Stat. § 524.3-301Verified Sep 8, 2026View source.
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