Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult an attorney to discuss your specific situation.
Detailed Answer
1. Determine Eligibility and Priority
Under Minn. Stat. § 524.3-201, Minnesota law sets a priority schedule for personal representative appointments. Priority runs to the surviving spouse, adult children, parents, and then other relatives. If no higher-priority individual petitions within six months of the decedent’s death, the next group gains standing.
2. Prepare and File the Petition
File a petition for probate in the district court of the county where the decedent resided at death. Include:
- The original will (if any)
- Certified copy of the death certificate
- Names and addresses of heirs and beneficiaries
- Estimated value of the estate’s assets
The court clerk will assign a case number and schedule a hearing.
3. Provide Notice
Within 14 days of filing, you must mail notice of the petition to all interested persons. Minnesota law also requires publication of notice in a local newspaper. See Minn. Stat. § 524.3-204.
4. Attend the Court Hearing
The court holds a hearing, typically 4–6 weeks after filing. At this hearing, the judge reviews the petition and any objections. If the court finds the petitioner qualified, it issues an order appointing the personal representative under Minn. Stat. § 524.3-202 and issues letters of office.
5. Timeline Overview
- Day 0: Petition filed
- Day 14: Mail and publish notice
- Week 4–6: Court hearing
- Immediately after hearing: Appointment and letters issued
- Six months: Priority window for petitions by higher-ranking parties (Minn. Stat. § 524.3-201)
Helpful Hints
- Confirm the decedent’s last residence to file in the correct county.
- Gather a full list of heirs and beneficiaries before filing.
- Check the local court’s fee schedule and filing deadlines.
- Publish notice promptly to avoid delays.
- Uncontested petitions often complete in 4–8 weeks.
- Consider consulting an attorney for complex estates or disputes.