Detailed Answer
Short answer: under Minnesota law, an out-of-state will can often be admitted to probate relatively quickly if the original will is available and no one contests it — commonly within a few weeks to a few months. If the will is missing, unclear, or contested, admission can take many more months or longer. The exact timeline depends on the probate court process you use, whether interested persons object, and whether ancillary proceedings are needed for assets located in other states.
Why this varies: Minnesota treats wills executed outside Minnesota as generally valid if they were valid where signed or if they meet Minnesota formalities. See Minnesota Statutes, chapter 524 and the statutes addressing will validity (for example: https://www.revisor.mn.gov/statutes/cite/524.2-502 and the Minnesota Probate Code chapter: https://www.revisor.mn.gov/statutes/cite/524). That means an out-of-state will will typically be accepted for probate in Minnesota if the paperwork and proof are in order.
Typical timelines by situation:
- Uncontested informal admission: 2–8 weeks after you file, if you submit the original will, required documents (death certificate, petition for probate, list of heirs), and there are no disputes. Some counties and courts process informal admissions faster; others may take longer based on caseload.
- Formal probate or when a hearing is required: 2–6 months (or more). Formal procedures include a court hearing, formal notice requirements, and a record of proceedings. If the court requires testimony about the will’s execution or witnesses are unavailable, expect longer delays.
- Contested admission: many months to years. Contests (claims of invalid execution, undue influence, fraud, or competing wills) can trigger discovery, motions, and trial-like proceedings that extend the timeline substantially.
- Missing original will: you’ll likely need to prove its contents and why the original cannot be produced. That proof can significantly lengthen the process.
- Ancillary probate for out-of-state assets: if the decedent owned real estate or certain accounts in another state, an ancillary proceeding may be needed in that state. That adds time and steps and is governed by that other state’s law.
Common steps that affect timing:
- Locate and provide the original will to the probate court.
- Prepare and file a petition for probate and any required affidavits or proposed letters of appointment for a personal representative.
- Serve or notify interested persons and publish notice if required; allow time for objections.
- If informal probate is granted and there are no objections, the court issues letters to the personal representative and administration can begin.
- If formal proceedings or contests occur, the court schedules hearings and sets deadlines that extend the timeline.
Practical examples (hypotheticals):
- If a Minnesota resident dies leaving an original will signed in another state, and the decedent’s heirs agree on the named personal representative, filing for informal probate with the local district court often leads to letters being issued in roughly 4–6 weeks.
- If the original will was executed elsewhere but a close relative claims a later will exists or alleges forgery, the admission could go to formal probate and take many months while the dispute is resolved.
Key legal references and resources:
- Minnesota Probate Code chapter: https://www.revisor.mn.gov/statutes/cite/524
- Minnesota provision on out-of-state wills (see the probate code’s sections on validity and proof of wills): https://www.revisor.mn.gov/statutes/cite/524.2-502
- Minnesota Judicial Branch — probate help and court contacts (local court procedures, forms, and filing information): https://www.mncourts.gov/Help-Topics/Probate
When to consult an attorney: If the original will is missing, if interested persons dispute the will’s validity, if there are significant or out-of-state assets (ancillary probate), or if you don’t know how to prepare the petition, consult a Minnesota probate attorney. A lawyer can also estimate likely court timelines in your county and identify steps that could shorten delays.
Disclaimer: This article is educational only and not legal advice. For advice about a specific situation, consult a licensed Minnesota attorney.
Helpful Hints
- Bring the original will. Courts prefer the original; photocopies usually create extra hurdles.
- Gather a certified copy of the death certificate before filing.
- Prepare a list of known heirs and potential beneficiaries with contact information to speed notice and service.
- Ask the court clerk whether your county accepts informal probate filings and how long their typical processing time is.
- If the decedent owned property in another state, ask about ancillary probate — that may require filing in the other state and add time and cost.
- If you expect no disputes, consider informal probate to avoid a hearing and reduce delay.
- Keep copies of all filings and proof of service — missing proof of notice can cause delays.
- Contact a probate attorney early if any party is contesting the will, or if the original will is unavailable or appears altered.