Disclaimer: This article provides general information under Minnesota law and does not constitute legal advice.
Detailed Answer
To confirm whether a decedent left a valid will or other estate planning documents in Minnesota, follow these steps.
1. Search the Decedent’s Personal Records
Begin by reviewing the decedent’s personal files, safe, or home office. Look for a signed document titled “Last Will and Testament,” trusts, powers of attorney, or healthcare directives.
2. Contact the Decedent’s Attorney or Law Firm
Many individuals store estate planning documents with the attorney who drafted them. Reach out to any lawyers the decedent used for advice or representation.
3. Check with the County Probate Court
In Minnesota, a will must be filed with the probate court in the county where the decedent lived within six months of death. You can search court records in person or online. Under Minn. Stat. §524.2-601, the personal representative must file the will for probate. (Minn. Stat. §524.2-601).
4. Review Minnesota Uniform Probate Code Requirements
To be valid in Minnesota, a will must be:
- Signed by the testator (the person making the will).
- Witnessed by at least two individuals, who sign in the presence of the testator. (Minn. Stat. §524.2-502).
You can request proof of due execution from the court if the original will does not explicitly show these elements. See Minn. Stat. §524.3-204 for statutory proof requirements.
5. Contact the Minnesota Department of Health (Statutory Death Records)
If you cannot locate a will, request a copy of the decedent’s death certificate through the Minnesota Department of Health. This step confirms death and triggers timelines for probate filings.
Helpful Hints
- Ask family members or the decedent’s executor if they know the will’s location.
- Inspect safe deposit boxes; you may need a court order or executor access.
- Check for electronic storage: some documents live in password-protected cloud folders.
- File a formal search request with the probate registrar if you suspect a hidden document.
- Maintain a record of all inquiries to establish due diligence in locating estate documents.