Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Minnesota, a personal representative obtains letters of administration when someone dies without a valid will (intestate) or when no executor is named. You must file the following documents in the probate division of the district court in the county where the decedent resided at death:
- Petition for Appointment of Personal Representative per Minn. Stat. §524.3-201: https://www.revisor.mn.gov/statutes/cite/524.3-201
- Certified Death Certificate as required by Minn. Stat. §524.1-201: https://www.revisor.mn.gov/statutes/cite/524.1-201
- List of Heirs and Affidavit of Interested Persons identifying all heirs at law, their addresses and relationships.
- Consent to Appointment or Bond — a written consent from all heirs waiving bond, or a surety bond filed under Minn. Stat. §524.3-209: https://www.revisor.mn.gov/statutes/cite/524.3-209
- Oath of Personal Representative swearing to faithfully perform duties under Minn. Stat. §524.3-301: https://www.revisor.mn.gov/statutes/cite/524.3-301
- Notice to Creditors — proof of notice by publication or direct mailing under Minn. Stat. §524.3-802: https://www.revisor.mn.gov/statutes/cite/524.3-802
Once the court reviews and approves your application, it will issue letters of administration. These letters grant you legal authority to manage and distribute the decedent’s estate. You must then file an inventory of assets and accountings as required by court rules.
Helpful Hints
- Confirm the decedent’s county of residence before filing.
- Obtain multiple certified death certificates (courts and third parties often require extra copies).
- Use the Minnesota Judicial Branch probate forms to avoid errors.
- File any required bond promptly to prevent delays.
- Keep a detailed log of notices served and filing deadlines met.
- Consider consulting a probate attorney for complex or high-value estates.