How to Submit an Original Will to Probate Court from Out of State — Minnesota

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Submitting an Original Will to Minnesota Probate Court When You Live Out of State

Not legal advice. This information is educational only and does not create an attorney‑client relationship.

Detailed Answer — step-by-step guidance under Minnesota law

If you live outside Minnesota and you have the original will of someone who died domiciled in Minnesota, you can still submit that original will to the Minnesota probate court where the decedent lived. The basic steps below follow Minnesota probate practice and law (see Minnesota Statutes, Chapter 524 for the probate code: https://www.revisor.mn.gov/statutes/cite/524/).

  1. Confirm the proper court.

    Probate generally occurs in the district court of the county where the decedent was domiciled at death. Check the appropriate county probate court on the Minnesota Judicial Branch website to confirm clerk contact information and local requirements: https://www.mncourts.gov/Help-Topics/Probate.

  2. Prepare required documents.

    Typical documents the court expects when someone petitions to open probate include:
    – The original will (the physical original must be presented to the court).
    – A certified copy of the death certificate.
    – A Petition for Probate or Appointment of Personal Representative (the court’s form or your lawyer’s version).
    – An application or cover letter identifying the documents and requesting admission of the will and appointment of the personal representative.
    – A filing fee (amount varies by county).

    Use the Minnesota Judicial Branch forms or the county’s required forms when available. If the will is a ‘self‑proved will’ (signed affidavit of witnesses attached), the court can usually admit the will without live witness testimony.

  3. Contact the probate court clerk before you send anything.

    Call or email the county probate clerk to confirm: the exact mailing address, current filing fee, whether they accept mailed originals, whether they can accept electronic filing, and any county‑specific procedures. The clerk can also tell you how they return the original will (mailed back, available for pickup, or returned with certified copies).

  4. Send the original will securely.

    If filing by mail or courier, use a tracked, insured overnight carrier that requires a signature on delivery. Include a clear, signed cover letter describing the contents and a return instructions sheet (how you want the original returned). Also include a self‑addressed, prepaid envelope if you want the court to mail back the original.

  5. Indicate whether the named executor/executrix is out of state.

    If you are the person nominated in the will to serve as personal representative and you live out of state, note that to the clerk. Minnesota courts commonly appoint nonresidents as personal representatives, but you should confirm whether the court will require a resident agent for service of process or require a bond where the nominated representative is nonresident. The clerk or a local attorney can confirm county practice.

  6. Provide witness information or arrange proof if the will is not self‑proved.

    If the will is not self‑proved, the court may require testimony or affidavits from attesting witnesses to prove the will’s validity. If witnesses live out of state, they can often submit sworn affidavits or appear by telephone/video if the court permits. The clerk can explain options for proving a will from witnesses outside Minnesota.

  7. Request admission of the will and appointment (informal or formal probate).

    Minnesota allows informal probate procedures for straightforward matters where there is no contest. If you want a faster, lower‑cost path, ask the clerk about informal probate procedures and forms. If there is any dispute or complexity, formal probate (with hearings) may be required.

  8. Keep originals and certified copies secure.

    Keep a copy of everything you send and a record of tracking/receipt. Ask the court to return the original will after filing if you need it for other jurisdictions or records.

  9. Consider hiring a local Minnesota probate attorney.

    A local attorney can file the petition, handle witness proof, appear in court if needed, and arrange for delivery/return of the original will. This is often the simplest route for out‑of‑state filers or when the estate is substantial or contested.

For statutory guidance and definitions, see Minnesota Statutes, Chapter 524 (Probate Code): https://www.revisor.mn.gov/statutes/cite/524/. For practical forms and county contact info, use the Minnesota Judicial Branch probate help pages: https://www.mncourts.gov/Help-Topics/Probate.

Helpful Hints

  • Call the county probate clerk before sending the original will — clerks can confirm local practice and fees.
  • If the will is “self‑proved” (has a notary/witness affidavit attached) admission is usually faster because witness testimony often isn’t required.
  • Use an insured, trackable courier and request a signature on delivery when you mail the original will.
  • Include a signed cover letter and a return envelope with prepaid, trackable shipping for the original’s return.
  • Keep digital and paper copies of the will and every document you send or receive from the court.
  • If you are the nominated personal representative and you live out of state, ask whether the court will require a local agent or bond — rules vary by situation and county practice.
  • Consider hiring a Minnesota probate attorney in the county where the decedent lived to file and handle any hearings on your behalf.
  • If the original will cannot be found, notify the court promptly — Minnesota law provides procedures to prove a lost will, but those procedures differ from admitting an original.

Reminder: This article explains general Minnesota probate practice and is for educational purposes only. It is not legal advice and does not replace counsel from a licensed Minnesota attorney. For specific legal guidance, contact a lawyer licensed in Minnesota or the probate clerk in the county where the decedent lived.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.