Detailed Answer

Short answer: In Minnesota you usually get the probate court’s permission to sell estate real property by filing a written petition (or motion) asking the court to authorize the sale, serving notice on the required interested persons, and obtaining a signed court order. If you are the personal representative (executor/administrator) and your letters specifically grant sale authority, you may be able to sell without an extra court hearing. If the clerk’s office will not explain the filing requirements, use the court’s online probate forms and local court rules, consult the Minnesota statutes and judicial branch help pages, or get lawyer help.

What probate authority means in Minnesota
When a person dies and real estate is owned in their name alone, the estate typically goes into probate so an appointed personal representative (PR) can collect assets, pay debts, and distribute remaining property. In Minnesota the probate statute framework is at Minnesota Statutes, Chapter 524 (Probate Code): https://www.revisor.mn.gov/statutes/cite/524. The court issues letters testamentary or letters of administration to the PR to show authority.

Do you always need a court order to sell the house?
Not always. Common situations:

• If the will or letters expressly give the personal representative authority to sell real estate and the PR is acting under independent administration powers, the PR may be able to sign a deed and sell the property without a special court hearing. Check the letters you were issued by the court.
• If the estate is small and qualifies for a simplified procedure (small estate/summary settlement), there may be a specific non-court sale path. See the Minnesota Judicial Branch probate help: https://www.mncourts.gov/Help-Topics/Probate.aspx.
• If no express authority exists, or an interested party objects, or the PR seeks guidance, you must file a petition asking the court to authorize the sale and obtain a court order permitting the sale.

Typical paperwork and steps to get court permission (hypothetical scenario)
Hypothetical: You are the named executor of a Minnesota decedent’s will. The estate owns a house. The will does not expressly give you the authority to sell the house, and you do not have independent-administrator powers in your letters.

1. Confirm the estate status. Find the case number and the letters you were issued (letters testamentary/administration). If probate is not open, you must open probate first by filing a petition for probate of will or for administration.
2. Prepare a petition or motion asking the probate court to authorize sale of the real property. The petition should explain why the sale is necessary (to pay debts, taxes, administration expenses, or to distribute proceeds), describe the property, and state who the interested persons are (heirs, devisees, creditors).
3. Attach or be ready to present supporting documents: a copy of the will (if any), letters testamentary/administration (if already issued), a copy of the proposed purchase agreement (if you have one), an appraisal or broker’s opinion of value (recommended), and a proposed court order authorizing the sale.
4. File the petition with the court and pay required filing fees (fee amounts are posted on your county court’s website). Use the Minnesota Judicial Branch probate forms and local packet where available: https://www.mncourts.gov/Help-Topics/Probate.aspx.
5. Serve notice. Minnesota law requires notice to interested persons. The court will set either a hearing date or handle the petition on the papers depending on local practice. File proof of service with the court as required.
6. Attend the hearing or await the judge’s signed order. At the hearing the judge will consider whether the proposed sale is fair, whether notice was adequate, whether sale proceeds will be protected for creditors and beneficiaries, and other issues (mortgages, liens, tax consequences). If the court approves, it will sign an order authorizing the PR to sell, sometimes with conditions (e.g., sale subject to overbids, court confirmation of sale price, or receipt of backup offers).
7. Complete the sale and record closing documents. After closing, you will usually file closing papers and an accounting or report with the court as required by the order and local rules.

If the clerk’s office won’t explain filing requirements
Court clerks cannot give legal advice, but they can provide procedural information, forms, and explain local rules. If a clerk refuses to help or only gives minimal info, do the following:

• Use the Minnesota Judicial Branch website for probate forms and instructions: https://www.mncourts.gov/Help-Topics/Probate.aspx.
• Find the statute chapter on probate for legal authority and definitions: Minn. Stat. Chapter 524.
• Locate your county’s court webpage via the statewide court finder: https://www.mncourts.gov/Find-Courts.aspx. County pages often list local probate procedures, calendars, contact info, and fee schedules.
• Ask the clerk for the court’s local probate rules, current civil/probate calendar, and any required local forms; these are public documents and the clerk can provide or point you to them online.
• Contact the court’s self-help center, pro se clinic, or law library. Many Minnesota courts publish step-by-step packets for common probate tasks.
• If you still need legal advice about what to file and how to word the petition, consult a lawyer through the Minnesota State Bar Association referral service: https://www.mnbar.org/for-the-public/find-a-lawyer, or seek help from Legal Aid or LawHelpMN: https://www.lawhelpmn.org/.

What the court will look for when deciding whether to allow the sale

• That the personal representative is properly appointed and acting within the scope of their authority.
• That interested persons received proper notice and had an opportunity to object.
• That the sale is in the best interest of the estate and beneficiaries (e.g., price is reasonable, terms are fair).
• That liens and taxes will be paid from sale proceeds or otherwise addressed.

Timing and costs (general guidance)

Timing varies by county and complexity. Expect several weeks from filing to hearing in uncontested matters; contested matters take longer. Costs include filing fees, publication fees (if required), appraisal and real estate agent fees, and attorney fees if you hire counsel. Check your county court website for current filing fees.

When to hire an attorney

Hire a lawyer if the sale is contested, if title or mortgage issues exist, if you are unsure whether the estate qualifies for simplified procedures, or if the clerk won’t explain required filings and you need legal drafting help. If funds are needed quickly to pay taxes or maintain property, an attorney can prepare an emergency or expedited motion.

Relevant Minnesota resources:

• Minnesota Statutes, Chapter 524 (Probate Code): https://www.revisor.mn.gov/statutes/cite/524
• Minnesota Judicial Branch — Probate Help and Forms: https://www.mncourts.gov/Help-Topics/Probate.aspx
• Find your Minnesota court: https://www.mncourts.gov/Find-Courts.aspx
• Minnesota State Bar Association — Find a lawyer: https://www.mnbar.org/for-the-public/find-a-lawyer
• LawHelpMN (legal aid resources): https://www.lawhelpmn.org/

Final practical checklist (quick)

• Locate case number and letters testamentary/administration.
• Check whether the letters or will already allow sale.
• Download the court’s probate forms and local rules.
• Prepare a petition to authorize sale (include property description, reason, interested persons).
• Attach appraisal/offer and proposed order; file and serve required notice.
• Attend hearing or submit required documents; obtain signed court order.
• Close the sale, pay liens/expenses, and file closing papers or accounting as required.

Disclaimer
This article explains general Minnesota probate procedures for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice specific to your case, consult a qualified Minnesota probate attorney or legal services provider.