Detailed answer — who can be appointed and what you must show

When someone dies without naming a personal representative (or when there is no valid will), Minnesota courts appoint an administrator (also called a personal representative) to collect assets, pay debts, and distribute property. Minnesota’s probate statutes set the legal framework; see Minnesota Statutes, chapter 524 for the probate code: https://www.revisor.mn.gov/statutes/cite/524.

Two points matter for next of kin who want appointment: (1) whether they are in the priority group that the court will consider first, and (2) whether they are qualified and suitable to serve.

Priority among potential appointees

Minnesota law sets a priority order for who the court should consider first when appointing a personal representative. The court usually gives preference to those closest in relationship to the decedent (for example, surviving spouse, adult children, parents, siblings). The statute describing appointment priority is part of the probate code; see the provisions on appointment and priority: Minn. Stat. § 524.3-203 and related sections in chapter 524. In practice, a decedent’s next of kin who fall into the top priority groups (spouse, adult child, parent) will be considered first.

Basic qualifications and court considerations

To qualify, a next of kin generally must:

• Be legally competent (an adult who can take the oath and manage estate affairs).
• Be willing to serve and act in the estate’s best interest.
• Not be disqualified by statute or by the court for cause (for example, demonstrated incapacity, conflicts of interest, or other legal bars). The court will also consider whether the proposed administrator will properly preserve estate assets and carry out duties.

The probate court also looks at practical matters: availability, residence (courts prefer local persons in many cases but nonresidents can serve), criminal history where relevant, and whether the person will post any required bond.

Typical steps a next of kin must take to be appointed

1. File a petition for appointment of personal representative with the district court in the county where the decedent lived.
2. Provide the court with the decedent’s death certificate and an affidavit or document showing the intestate heirs (if there is no will).
3. Show your relationship to the decedent and your place in the priority list (for example, provide a birth certificate or other proof of relationship if needed).
4. Complete required forms: oath of personal representative, acceptance of appointment, and, if applicable, a bond affidavit or proof of bond.
5. Give statutory notice to interested persons (heirs and creditors) and appear at any hearing if the court schedules one.
6. If the court approves, the judge issues Letters Testamentary or Letters of Administration, which officially empower you to act for the estate.

Exact forms and procedural details vary by county. The statewide statutes that govern these steps are in chapter 524; see the general probate provisions: Minn. Stat. ch. 524.

Bond and security

The court may require the administrator to post a bond to protect estate creditors and beneficiaries. In some cases (for example, when the decedent’s will waives bond and the court approves, or where statutory exceptions apply), the bond can be waived. Expect the court to address bond when it appoints a personal representative.

When the court may refuse or remove a next of kin as administrator

The court can decline to appoint, or later remove, a proposed administrator for reasons such as:

• Inability or unwillingness to perform duties.
• Conflicts of interest that harm the estate.
• Criminal conviction or conduct that makes the person unsuitable (the court will examine circumstances).
• Serious disputes among heirs where a neutral third party might better serve estate administration.

Helpful Hints — practical steps to increase your chance of appointment

• Confirm your place in the priority list before filing. If someone else has a higher priority, you may need their consent or to show cause why you should be appointed instead.
• Gather proof of relationship early: birth certificates, marriage certificates, and the decedent’s death certificate speed the process.
• Prepare clear paperwork: petition, list of heirs and known creditors, and an inventory of estate assets if available.
• Be ready to sign an oath and accept fiduciary duties. Courts favor candidates who understand and accept those responsibilities.
• If you have a criminal history or other potential issue, disclose it to the court proactively and be prepared to explain why you remain suitable to serve.
• Consider obtaining help: many counties provide probate forms and clerk guidance. For complex estates or family disputes, consult a probate attorney for advice tailored to your situation.
• Check local court rules and county probate forms—some counties require specific filings or a short waiting period for notice to heirs and creditors.