Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Before initiating probate in Minnesota, you need to locate and verify the original will and any codicils. Minnesota law does not maintain a central will registry. Instead, you follow these steps:
- Search for a Court-Sealed Will
Under Minn. Stat. § 524.2-507, a testator may deposit an original will with the district court in the county of residence. File a written request with the clerk of court for that county and ask whether a sealed will exists. See statute: Minn. Stat. § 524.2-507. - Check Safe-Deposit Boxes
If the testator stored the will in a safe-deposit box, you must obtain a court order to access it. Minn. Stat. § 524.2-602 authorizes the court to allow a personal representative, attorney, or another designated person to retrieve the will. See statute: Minn. Stat. § 524.2-602. - Contact the Testator’s Attorney or Bank
Many people leave their original wills with the drafting attorney or bank’s trust department. Contact any known estate planning attorney or financial institution to ask if they hold the will. - Search Personal Files and Safe Spots
Review the testator’s home, office, fireproof safe, or safe storage facilities. Common hiding places include home safes, safety deposit boxes, or secure digital vaults with instructions for heirs. - Verify Will Formalities
Minn. Stat. § 524.2-502 sets execution requirements: the will must be in writing, signed by the testator at the end, and witnessed by two individuals. See statute: Minn. Stat. § 524.2-502. For codicils, the same formalities apply. Ensure that each codicil references the original will and bears proper signatures and witnesses. - Confirm No Revocations
Check that no later will or codicil expressly revokes earlier documents. A subsequent valid will may contain a revocation clause. Minnesota courts will honor the latest unrevoked will. - Address Lost or Destroyed Originals
If the original cannot be found, Minn. Stat. § 524.3-707 allows admission of a copy if you prove the original’s execution and non-revocation by clear and convincing evidence. See statute: Minn. Stat. § 524.3-707.
Helpful Hints
- Start early: locate estate planning documents before the testator’s passing.
- Keep a simple inventory: list where key documents are stored.
- Inform trusted individuals: let family or executor know where to find original wills.
- Review bank records and safe-deposit box agreements for possible will deposits.
- Work with probate counsel: an attorney can help navigate court requests and orders.
- Maintain clear file names and dates on codicils to avoid confusion over multiple documents.