What Do I Do When Someone Dies in Minnesota?

After a death in Minnesota, the estate either qualifies for the simplified procedure for estates under $75,000Minn. Stat. § 524.3-1201Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsMinn. Stat. § 524.3-803Verified Sep 8, 2026View source to file claims after notice.

Certified copies come from the Minnesota Department of Health - Office of Vital RecordsMinnesota Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source; the funeral home usually places the first order. The first certified copy costs $13Minnesota Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source and each additional copy ordered with it $6Minnesota Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Minnesota death certificate guide carries the ordering details.

Minnesota sets an order for who controls the disposition of remains: surviving spouse, then surviving adult children, then surviving parentMinn. Stat. § 149A.80Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceMinn. Stat. § 149A.80, subds. 1-2Verified Oct 17, 2026View source, and a written designation outranks the default order. The Minnesota burial and cremation law guide carries the rest of the rules.

Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, Minnesota allows estates valued at $75,000Minn. Stat. § 524.3-1201Verified Sep 8, 2026View source or less to use the Affidavit for Collection of Personal PropertyMinn. Stat. § 524.3-1201Verified Sep 8, 2026View source, which avoids full probate administration. The Affidavit for Collection of Personal Property is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 30 daysMinn. Stat. § 524.3-1201Verified Sep 8, 2026View source after death. Estates up to $150,000Minn. Stat. § 524.3-1201Verified Sep 8, 2026View source may qualify for Summary Assignment or DistributionMinn. Stat. § 524.3-1201Verified Sep 8, 2026View source.

Minnesota uses Petition for Formal Probate of Will and for Formal Appointment of Personal Representative (PRO1202); Petition for Formal Adjudication of Intestacy, Determination of Heirs, and Appointment of Personal Representative (PRO1102) (PRO1202 (with a will) / PRO1102 (without a will))Minn. 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, filed with the District CourtMinn. 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. Probate Registrar in informal proceedings issues Letters Testamentary or Letters of General Administration after the court grants the petition. The Minnesota Letters Testamentary guide carries the documents, the bond and the self-filing rules.

A simple estate in Minnesota typically settles in 4 months to 6 months, and an average estate in 6 months to 9 months. The creditor claim period of 4 monthsMinn. Stat. § 524.3-803Verified Sep 8, 2026View source is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.

Forms for Settling an Estate in Minnesota

Free forms for settling an estate in Minnesota: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Minnesota.

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Affidavit of Death

In Minnesota, a surviving joint owner or a transfer on death deed beneficiary records the “Affidavit of Identity and SurvivorshipMinnesota Uniform Conveyancing Blanks Form 50.2.2 (2017); Minn. Stat. § 508.71, subd. 5Verified Oct 26, 2026View source”.

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IRS Form 56

Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Notice to Creditors

In Minnesota, the notice to creditors is published for 2Minn. Stat. §§ 524.3-801, 524.3-803, 524.3-805, 524.3-806Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsMinn. Stat. § 524.3-803Verified Sep 8, 2026View source from first publication to present claims.

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Small Estate Affidavit

In Minnesota, the Affidavit for Collection of Personal PropertyMinn. Stat. § 524.3-1201Verified Sep 8, 2026View source covers estates valued at $75,000Minn. Stat. § 524.3-1201Verified Sep 8, 2026View source or less, 30 daysMinn. Stat. § 524.3-1201Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.

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Estate Inventory

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.

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Estate Closing

In Minnesota, the personal representative is discharged automatically once the statutory period runsMinn. Stat. §§ 524.3-1003(b), 524.3-1005Verified Sep 15, 2026View source, and a final accounting is required.

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IRS Form 1310

Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.

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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 Many Death Certificates Do I Need?

In Minnesota, 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; the first copy costs $13Minnesota Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source, additional copies $6Minnesota Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source each.

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Do I Need Probate?

In Minnesota, estates valued at $75,000Minn. Stat. § 524.3-1201Verified Sep 8, 2026View source or less skip probate with the Affidavit for Collection of Personal PropertyMinn. Stat. § 524.3-1201Verified Sep 8, 2026View source, 30 daysMinn. Stat. § 524.3-1201Verified Sep 8, 2026View source after death.

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What Happens to Jointly Owned Property When an Owner Dies?

When a joint owner dies in Minnesota, what the survivor records is the “Affidavit of Identity and SurvivorshipMinnesota Uniform Conveyancing Blanks Form 50.2.2 (2017); Minn. Stat. § 508.71, subd. 5Verified Oct 26, 2026View source”.

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Do I Have to File Tax Returns for Someone Who Died?

Minnesota requires a final state income tax return for the decedent alongside the federal Form 1040Minn. Stat. § 290.06Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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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.

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How Much Are Estate & Inheritance Taxes?

Minnesota levies an estate taxMinn. Stat. § 291.03, § 291.016Verified Sep 15, 2026View source above $3,000,000Minn. Stat. § 291.03, § 291.016Verified Sep 15, 2026View source (top rate 16%Minn. Stat. § 291.03, § 291.016Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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What Taxes Apply to My Inheritance?

In Minnesota, beneficiaries owe no inheritance tax and the estate pays any estate taxMinn. Stat. § 291.03, § 291.016Verified Sep 15, 2026View source above $3,000,000Minn. Stat. § 291.03, § 291.016Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.

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Hire a Minnesota Probate Attorney

Browse 63 probate firms in Minnesota with addresses, contact info, and practice details.

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Minnesota Estate Settlement Resources

In-depth guides covering Minnesota probate, estate administration, and settling an estate.