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Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

When a person dies in Minnesota without a pending probate case, you must open an estate proceeding to administer their assets. Minnesota law offers three main paths:

• Small Estate Affidavit (Minn. Stat. §524.3-1202): Use for estates with only personal property valued at $75,000 or less. A surviving spouse or heir may file an affidavit and present it to banks or other holders of assets.
• Informal Probate (Minn. Stat. §524.3-103): The most common route for uncontested estates. It requires filing a petition, the original will (if any), and a certified death certificate. The court issues Letters of Administration or Letters Testamentary without a hearing.
• Formal Probate (Minn. Stat. ch. 524): Use when disputes exist, missing heirs are involved, or the estate is complex. This process involves a formal petition, notice, potential court hearings, and a detailed probate administration.

Step-by-Step Process

1. Determine Eligibility. Verify estate value and complexity. Check if the decedent’s assets qualify for a small estate affidavit under Minn. Stat. §524.3-1202.
2. Prepare and File Documents. For informal or formal probate, prepare a petition, an original will (if any), and a certified death certificate. File them at the district court in the county where the decedent resided per Minn. Stat. §524.3-103 and Minn. Stat. §524.1-201.
3. Pay Filing Fees. Fees vary by county. Check local court fee schedules.
4. Provide Notice. Serve notice on heirs, beneficiaries, and creditors. Informal probate notice follows statutes in Minn. Stat. §524.3-120.
5. Obtain Letters. After filing and notice, the court issues Letters of Administration (no will) or Letters Testamentary (with a will).
6. Administer the Estate. Inventory assets, pay valid debts and taxes, and distribute remaining property to heirs or devisees.
7. Close the Estate. File final accounting and a petition for discharge of the personal representative to end the proceeding.

Helpful Hints

• Check the total value of personal property before choosing a small estate affidavit.
• Gather all original wills and beneficiary designations before filing.
• Notify all potential creditors to avoid future claims.
• Keep detailed records of all estate transactions and distributions.
• Ask the court clerk for local forms and fee schedules.
• Consider consulting an attorney for complex estates or disputes.