How Probate Works in Minnesota

Does Minnesota require probate?

Not always. Minnesota adopted the Uniform Probate Code (UPC), which provides simplified procedures for handling estates. Many estates can be resolved with minimal court involvement.

Estates with a gross value of $75,000 or less can bypass probate entirely using a small estate affidavit. Larger, uncontested estates typically use informal probate, which does not require a court hearing.

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What court handles probate in Minnesota?

Probate in Minnesota is handled by the District Court in the county where the deceased person lived. Minnesota does not have a separate probate court; the district court's probate division handles all estate matters.

There is no strict statutory deadline to file for probate in Minnesota, but the process should begin promptly. Most families file within a few weeks of the death.

The court appoints a personal representative (Minnesota's term for an executor) to manage the estate.

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Small estate threshold

Estates with a gross value of $75,000 or less can use a small estate affidavit to collect assets without formal probate (Minnesota Statutes § 524.3-1201).

Requirements:

• At least 30 days must have passed since the date of death.
• No probate proceeding has been filed or is pending.
• The total value of the estate does not exceed $75,000.
• The person filing the affidavit is entitled to the property.

The affidavit can be used to collect bank accounts, final paychecks, and other personal property. It cannot be used to transfer real estate.

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Simplified probate options

Minnesota's UPC adoption gives families several probate paths:

Informal probate. The most common route for uncontested estates. The personal representative files an application with the probate registrar (a court official), and the appointment is processed without a hearing. The personal representative manages the estate with minimal court oversight. Most Minnesota estates use this process.

Formal probate. Required when there are disputes about the will, contested claims, or complex estate situations. Formal probate involves a court hearing and direct judicial oversight.

Supervised administration. The court oversees each step. This is rare and only used when there are serious concerns about the personal representative's actions or when the estate's complexity demands it.

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What if there is no will?

When someone dies without a will in Minnesota, the estate follows the state's intestate succession laws (Minnesota Statutes § 524.2-101 et seq.).

If the deceased was married:

• Spouse, no descendants (or all descendants are also the surviving spouse's descendants). The surviving spouse inherits the entire estate.
• Spouse and descendants from a prior relationship. The surviving spouse receives the first $150,000 plus 50% of the remaining balance. The rest goes to the deceased's descendants.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes Minnesota different?

State estate tax

Minnesota is one of a handful of states that imposes its own estate tax, separate from the federal estate tax. Estates valued over $3 million are subject to the Minnesota estate tax, with rates ranging from about 13% to 16%.

This threshold is far lower than the federal exemption (approximately $13.99 million in 2025), so estates that owe nothing at the federal level may still owe Minnesota estate tax. Estate planning around this threshold is common for Minnesota families.

Uniform Probate Code

Minnesota's adoption of the UPC makes probate significantly more streamlined than in non-UPC states. Informal probate, which requires no court hearing, is the default path for most estates. This typically means lower legal costs and faster resolution.

Spousal protections

Minnesota provides a homestead allowance, a family allowance, and an exempt property allowance to the surviving spouse and minor children, even before creditors are paid. These protections are built into the UPC and ensure the family is not left without resources during the probate process.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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