Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
In Minnesota probate administration, the personal representative (also called executor or administrator) must present the decedent’s original will and any codicils to the probate court. Under Minnesota Statutes section 524.3-203, you must file the original will within three months after appointment or within 30 days after the court orders proof of the will. Failure to comply may delay estate distribution or expose the representative to damages.
1. Locating the Original Will
Start by checking the decedent’s records and safe deposit boxes. Common locations include:
- Home or personal safe
- Attorney’s file
- Bank safe deposit box (requires court order or joint tenant access)
- Registered agent or trust company records
2. Obtaining a Filed Copy
If the original is already on file with the probate court, request a certified copy from the clerk. In Minnesota, file a written request at the district court in the county where the decedent lived. The court will issue a certified copy for a small fee.
3. Submitting to the Probate Court
- Prepare your probate petition and supporting documents.
- Attach or hand-deliver the original will and any codicils to the court clerk. If you only have a copy, include an affidavit explaining why the original is unavailable.
- Serve notice on all interested parties as required by Minnesota Statutes section 524.3-201 (Notice to interested persons).
- Obtain a stamped receipt or docket entry confirming the court has accepted the will.
4. Proving a Lost or Missing Original
If the original will cannot be found, Minnesota Statutes section 524.2-502 allows admission of an attested copy if you can prove due execution. You’ll need sworn statements from two attesting witnesses or other clear and convincing evidence of authenticity.
Key statute references:
- Filing of will: Minn. Stat. § 524.3-203
- Notice requirements: Minn. Stat. § 524.3-201
- Proof of execution: Minn. Stat. § 524.2-502
Helpful Hints
- Begin your search for the original will promptly—time is critical.
- Keep meticulous records of where you looked and whom you contacted.
- If the will is in a safe deposit box, secure a court order under Minn. Stat. § 524.3-106.
- Obtain certified copies from the court rather than photocopies.
- File the will with the probate petition or within three months of appointment.
- If original is missing, gather affidavits from witnesses under Minn. Stat. § 524.2-502.
- Keep copies of all filings and receipts for your records.
- Consult a probate attorney if you face disputed wills or complex estate issues.