Detailed Answer

Short answer: To apply for appointment as a personal representative (probate) and to take the required oath in Minnesota, you will generally need the original will (if any), a certified copy of the death certificate, a completed application or petition for probate, an affidavit or form setting out the oath/acceptance, any required bond information or bond form, proof of service or notice to heirs and interested parties, signed renunciations or consents from other nominees (if available), and the court filing fee. The exact documents and names of the forms depend on whether you pursue informal or formal probate and on local court practice.

How Minnesota law frames probate appointments

Minnesota’s probate process and the duties of a personal representative are governed by the Minnesota Probate Code (chapter 524). The Code allows informal appointment in uncontested matters and formal proceedings if there is a dispute or special circumstances. See Minnesota Statutes, chapter 524: https://www.revisor.mn.gov/statutes/cite/524.

Typical documents required (checklist and explanation)

• Original Will (if the decedent left a will). Bring the original signed will and any codicils. The court prefers the original; if it is not available, you will need to explain why and may need additional proof.
• Certified copy of the Death Certificate. Most courts require a certified death certificate (not a photocopy) to open a probate file. Obtain it from the Minnesota Department of Health or the county vital records office: https://www.health.state.mn.us/people/vitalrecords/.
• Application for Appointment / Petition for Probate. Depending on whether you use the informal or formal process, file the court’s application or petition to open probate and request appointment as personal representative. The Minnesota Judicial Branch publishes probate forms and instructions: https://www.mncourts.gov/Help-Topics/Probate.aspx. Typical information includes decedent’s name, date of death, proposed personal representative’s name and contact information, beneficiaries/heirs, and a statement about the existence of a will.
• Oath / Acceptance of Appointment. After appointment, the personal representative must take the statutory oath. Courts usually provide a form (often labeled Acceptance of Appointment and Oath). The oath is typically administered by the court clerk or a notary. Use the local form or the Judicial Branch probate forms page above.
• Bond (if required). If the will does not waive bond, or if the court or interested parties request bond, you must file a surety bond or a bond waiver signed by beneficiaries. The court will explain bond amount and bond paperwork. If the will waives bond, bring the clause and a copy of the will that includes the waiver language.
• Renunciations and Consents. If others named as personal representatives renounce their appointment, file signed renunciation forms. If multiple people consent to a particular appointment, file signed consents or written agreements.
• List of Heirs and Beneficiaries / Addresses. Provide a list of heirs at law and will beneficiaries with current addresses so the court can schedule required notices and so you can serve them with documents. The court needs this information to issue Letters and to require service of notice where required.
• Notice to Heirs and Creditors / Proof of Service. Minnesota law requires notice to interested persons and publication or mailing to creditors in many cases. You will need to file proof that required notices were given. The court gives instructions on the type and timing of notices you must provide.
• Filing fee and completed civil cover sheet. Courts charge filing fees for opening probate. Check the county court website for the current fee schedule and acceptable payment methods.
• Additional documents that may be required: court-specific local forms; a proposed form of Letters Testamentary or Letters of Administration; a copy of any pre-death trust or related documents if assets are titled to a trust; documents showing ownership and value of large assets if the court asks for an estimated inventory.

Common scenarios (hypothetical examples)

Example 1 — Decedent left a will naming you executor and waived bond: You would bring the original will, certified death certificate, completed Application for Informal Probate (or local petition), a list of beneficiaries and addresses, and the acceptance/oath form. If the will contains a clear bond waiver, you will likely not need a bond.

Example 2 — No will (intestate) or a dispute: You would file a petition for formal appointment, provide the death certificate, list of heirs, possibly give notice to interested persons, and the court may set a hearing. The court could order a bond.

Where to find Minnesota forms and local instructions

Minnesota Judicial Branch: probate help, local court forms, and instructions — https://www.mncourts.gov/Help-Topics/Probate.aspx

Minnesota Statutes (Probate Code, chapter 524): https://www.revisor.mn.gov/statutes/cite/524

Practical steps and timeline

• Gather the original will and request a certified death certificate immediately (county or state vital records).
• Contact the probate clerk in the county where the decedent lived to confirm local filing requirements and fees.
• Complete the appropriate probate application (informal or formal) and bring any consents/renunciations from other nominees.
• File the documents with the court, pay the fee, and follow the clerk’s instructions to take the oath and receive Letters of Personal Representative.
• After appointment, follow statutory duties: notify creditors, inventory assets, and administer the estate according to the will or statute.

Helpful Hints

• Call the local probate clerk before your trip to court — counties vary in submission methods and required local forms.
• Bring multiple copies of key documents (will, death certificate, list of heirs) — the clerk will often file-stamp copies at filing.
• If the original will is missing, be prepared to explain circumstances and bring any photocopies and witness contact information; the court may require extra proof.
• Check the will for an explicit bond waiver. If present, file the clause and avoid delays from bonding requirements.
• Use the Minnesota Judicial Branch probate forms page for standard acceptance/oath forms and filing checklists: https://www.mncourts.gov/Help-Topics/Probate.aspx.
• Consider consulting a probate attorney if the estate is large, the will is contested, multiple jurisdictions are involved, or creditors and tax issues appear.

Disclaimer: This article explains general Minnesota probate procedure and typical documents required to apply for appointment and to take the oath. It is educational and not legal advice. Laws and local rules change. For advice about a specific situation, consult a licensed Minnesota attorney or contact the probate clerk in the county where the decedent resided.