Detailed Answer
Select the correct county and court—known as venue—to open or transfer a decedent’s estate. Under Minnesota law, venue depends on the decedent’s domicile at death or the location of estate property.
Domiciliary Probate
If the decedent was domiciled in Minnesota at death, file the probate petition in the district court of the county where the decedent was domiciled. Minnesota law defines domicile as the decedent’s permanent legal residence. See Minn. Stat. § 524.2-101.
Ancillary Probate for Nonresident Decedents
If a nonresident decedent owned real or tangible personal property in Minnesota, open an ancillary probate in the county where the property is located. See Minn. Stat. § 524.2-106. This ensures proper administration and distribution of Minnesota assets.
Transferring Venue
If an estate was opened in the wrong county, you may petition for a change of venue. File a motion in the current court explaining the decedent’s correct domicile or property location and why the transfer serves convenience and justice. Courts apply general venue-transfer rules under Minn. Stat. § 542.12 (change of place of trial).
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Confirm the decedent’s domicile by reviewing their last residence, driver’s license, and voter registration.
- Identify Minnesota property locations—real estate, vehicles, and bank accounts—to determine ancillary venue.
- File the probate petition promptly; Minnesota law requires timely openings to preserve creditor claims.
- Serve notice to heirs and creditors in accordance with Minn. Stat. § 524.3-103 et seq.
- Check local county probate court rules for filing fees and required forms.
- If you own property across multiple Minnesota counties, consider separate ancillary actions or consolidation in one district.