Detailed Answer

This article explains how a simplified, court-light probate process — often called “probate in common form” in other states — works in Minnesota. Minnesota’s laws do not commonly use the exact phrase “probate in common form.” Instead, Minnesota provides informal probate proceedings and other streamlined options under the Minnesota Probate Code (Chapter 524). Informal probate gives beneficiaries and a nominated personal representative (executor or administrator) a faster, lower-cost path to settle most straightforward estates with minimal court supervision.

How informal probate works in Minnesota

• Filing a petition: A person (usually the executor named in a will or a close family member if there is no will) files a probate petition with the county probate court to open the estate and ask to be appointed as personal representative.
• Submitting the will: If there is a will, the petitioner files the original will with the court. If the court accepts the will and the petitioner is otherwise eligible, the court can appoint the personal representative without a formal, contested hearing.
• Issuance of letters: If the court appoints the personal representative, it issues letters testamentary (if there is a will) or letters of administration (if there is not). These letters give the representative legal authority to collect assets, pay bills and taxes, and distribute the estate according to the will or law.
• Notice and creditor claims: The representative generally must notify known heirs and publish a notice to creditors as required by Minnesota law so creditors have an opportunity to present claims. The estate cannot distribute assets until valid creditor claims and taxes are addressed.
• Accounting and closing: For many informal probates, Minnesota does not require the same formal, court-supervised accounting that a formal probate would. The representative prepares an inventory, pays valid debts and taxes, and distributes remaining assets. The estate is closed by filing informal closing documents with the court unless circumstances require formal proceedings.

When Minnesota’s informal probate is appropriate

Informal probate is usually a good fit when:

• The will (if any) is clear and uncontested;
• The estate is relatively simple (bank accounts, small number of assets, no complex business interests or unresolved property title issues);
• Heirs and beneficiaries are known and cooperative; and
• There are no likely complicated creditor disputes or tax issues requiring court supervision.

When you may need formal (court-supervised) probate instead

Formal probate makes sense if there is a real dispute over the will, unknown or missing heirs, allegations of fraud or undue influence, serious creditor claims, disputes about accounting by a representative, or complex tax or business matters. Formal probate provides more court oversight, a record of hearings, and clearer rules for contested issues.

Alternatives and special procedures

Minnesota also provides other non-probate or simplified tools that can avoid probate entirely or reduce complexity — for example, joint ownership with rights of survivorship, beneficiary designations on retirement accounts and life insurance, and small-estate collection procedures when the estate falls below statutory thresholds. Whether these options apply depends on the estate’s size, the asset types, and how they are titled.

Where to find the law

Key Minnesota probate rules and procedures are contained in Minnesota Statutes, Chapter 524. For an overview and practical forms, the Minnesota Judicial Branch provides helpful guidance to the public and self-represented litigants.

Statutes: Minnesota Statutes, Chapter 524 (Probate)

Minnesota courts: Minnesota Judicial Branch — Probate Help

Hypothetical example

Maria dies leaving a simple will naming her sister as executor, and her only assets are a checking account and a car. Her sister files an informal probate petition, submits the original will, and receives letters testamentary. She publishes notice to creditors, pays a few small outstanding bills, and distributes remaining funds to Maria’s beneficiaries. No hearings are needed because no one contests the will and no complex assets exist. This scenario is a typical fit for Minnesota’s informal probate process.

Practical steps to start informal probate

1. Locate the original will (if any) and certified copies of the death certificate.
2. Make a list of the deceased’s assets and likely heirs/beneficiaries.
3. Contact the county probate court clerk in the county where the decedent lived to learn local filing requirements and fees.
4. File a probate petition asking for appointment as personal representative and submit the original will if one exists.
5. Follow court instructions about notices, publication to creditors, and obtaining letters of administration/testamentary.

Disclaimer: This information is educational only and does not constitute legal advice. For advice about a specific situation, consult a licensed Minnesota attorney who handles probate matters.

Helpful Hints

• Start early: locating the original will and getting multiple death certificates speeds the process.
• Check for non-probate assets: beneficiary designations, POD accounts, and joint tenancy can transfer outside probate.
• Keep records: track all communications, bills paid, and distributions to beneficiaries to avoid future disputes.
• Talk to beneficiaries before filing: cooperation reduces cost and delays.
• Ask the county probate clerk for local forms and fee schedules — many counties publish step-by-step guides for informal probate filing.
• If the estate is small, ask whether a simpler collection method or affidavit can avoid probate entirely.
• When disputes or complex assets exist, consider formal probate and consult an attorney before proceeding informally.

For statutory details and official forms, see Minnesota Statutes, Chapter 524: https://www.revisor.mn.gov/statutes/cite/524 and the Minnesota Judicial Branch probate resources: https://www.mncourts.gov/Help-Topics/Probate.aspx.

To review your options for a particular estate, speak with a licensed Minnesota probate attorney or contact the probate court clerk in the county where the decedent lived.