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Minnesota Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Minnesota.

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Do I Need Probate?Free assessment toolEstate ChecklistStep-by-step tasksFee CalculatorEstimate your costsGlossaryLegal terms explainedFirst StepsWhat to do firstEstate PlanningPlan your own will & POA

Types of Probate in Minnesota

Minnesota offers several probate procedures depending on estate value and circumstances. Attorney requirements vary by probate type and local practice.

See the full comparison of Minnesota probate typesWhich procedures exist, who qualifies, and how the timelines compare.
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Find your county

Minnesota Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 87 counties have detailed data.

Full data available: AitkinFull data available: AnokaFull data available: BeckerFull data available: BeltramiFull data available: BentonFull data available: Big StoneFull data available: Blue EarthFull data available: BrownFull data available: CarltonFull data available: CarverFull data available: CassFull data available: Chippewa
Show all 87 counties
Full data available: ChisagoFull data available: ClayFull data available: ClearwaterFull data available: CookFull data available: CottonwoodFull data available: Crow WingFull data available: DakotaFull data available: DodgeFull data available: DouglasFull data available: FaribaultFull data available: FillmoreFull data available: FreebornFull data available: GoodhueFull data available: GrantFull data available: HennepinFull data available: HoustonFull data available: HubbardFull data available: IsantiFull data available: ItascaFull data available: JacksonFull data available: KanabecFull data available: KandiyohiFull data available: KittsonFull data available: KoochichingFull data available: Lac qui ParleFull data available: LakeFull data available: Lake of the WoodsFull data available: Le SueurFull data available: LincolnFull data available: LyonFull data available: MahnomenFull data available: MarshallFull data available: MartinFull data available: McLeodFull data available: MeekerFull data available: Mille LacsFull data available: MorrisonFull data available: MowerFull data available: MurrayFull data available: NicolletFull data available: NoblesFull data available: NormanFull data available: OlmstedFull data available: Otter TailFull data available: PenningtonFull data available: PineFull data available: PipestoneFull data available: PolkFull data available: PopeFull data available: RamseyFull data available: Red LakeFull data available: RedwoodFull data available: RenvilleFull data available: RiceFull data available: RockFull data available: RoseauFull data available: ScottFull data available: SherburneFull data available: SibleyFull data available: St. LouisFull data available: StearnsFull data available: SteeleFull data available: StevensFull data available: SwiftFull data available: ToddFull data available: TraverseFull data available: WabashaFull data available: WadenaFull data available: WasecaFull data available: WashingtonFull data available: WatonwanFull data available: WilkinFull data available: WinonaFull data available: WrightFull data available: Yellow Medicine

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Minnesota Probate Guides

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Minnesota Probate Guide
MNJun 12, 2026

Minnesota Probate Guide

How to Avoid Probate in Minnesota
MNJun 12, 2026

How to Avoid Probate in Minnesota

Minnesota Probate Timeline
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Minnesota Probate Timeline

Minnesota Executor and Personal Representative Duties
MNJun 12, 2026

Minnesota Executor and Personal Representative Duties

Ancillary Probate in Minnesota: Out-of-State Property
MNJul 1, 2026

Ancillary Probate in Minnesota: Out-of-State Property

Can You Handle Minnesota Probate Without a Lawyer?
MNJul 1, 2026

Can You Handle Minnesota Probate Without a Lawyer?

Browse Minnesota guide topics

Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.

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Forms & Court

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Planning Documents

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Property Transfer

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Avoiding Probate

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Minnesota Probate Self-Help and Online Resources

Minnesota Estate Law Overview

Minnesota Estate Tax Info

Minnesota has no inheritance tax (repealed starting in 1980) and no probate tax, but it DOES have a state estate tax with a $3,000,000 exclusion and a state income tax.

Yes
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession determines who receives probate property when a Minnesota resident dies without a valid will.

View spouse inheritance rules
No surviving descendant of the decedent100%

The surviving spouse receives the entire intestate estate when no descendant of the decedent survives (Minn. Stat. 524.2-102(1)(i)).

All of the decedent's surviving descendants are also descendants of the surviving spouse, and the spouse has no other surviving descendant100%

When every surviving descendant is shared with the surviving spouse and the spouse has no descendant from another relationship, the spouse still receives the entire intestate estate (Minn. Stat. 524.2-102(1)(ii)).

One or more of the decedent's surviving descendants are not descendants of the surviving spouse, or all descendants are shared but the spouse also has a descendant who is not the decedent'sThe first $225,000, plus one-half of any balance of the intestate estate

Under Minn. Stat. 524.2-102(2), the spouse takes the first $225,000 plus one-half of any balance when the family is blended in either direction; the rest passes to the decedent's descendants.

View order of inheritance (no spouse)
  1. 1DescendantsThe share not passing to a surviving spouse, or all if no spouse, by representation
  2. 2ParentsIf no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent
  3. 3Descendants of parents (siblings and their descendants)If no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation
  4. 4Grandparents and their descendantsDivided between the paternal and maternal grandparents and their descendants, with statutory rules when only one side survives
  5. 5Next of kin in equal degreeTo the next of kin in equal degree; among collateral kindred in equal degree claiming through different ancestors, those claiming through the nearest ancestor take to the exclusion of those claiming through a more remote ancestor

Minnesota Homestead Protection

Minnesota homestead protection has two distinct pieces: a creditor exemption for the dwelling a debtor owns and occupies (Minn. Stat. ch. 510), and a special probate descent rule that passes the homestead to the surviving spouse and descendants largely free of unsecured estate debts (Minn. Stat. 524.2-402). The creditor exemption covers up to 160 acres, capped in value at $510,000, or $1,275,000 if the homestead is used primarily for agricultural purposes, as shown in the current statute text.

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Creditor protection: read the statute text

Up to 160 acres of land; value capped at $510,000, or $1,275,000 if the homestead is used primarily for agricultural purposes (current statute text; amounts are periodically adjusted under Minn. Stat. 550.37 subd. 4a)

Statute: Minn. Stat. 510.01 and 510.02

Size limits & qualifications

Inside city limits: 160 acres (no separate urban acreage tier in the current statute)

Outside city limits: 160 acres

Property types: House and the land on which it is situated (up to 160 acres), Agricultural homesteads (higher value cap), Manufactured homes occupied as a dwelling (verify under Minn. Stat. 550.37 subd. 12)

Restrictions on leaving homestead in will

With spouse, no minor children:

If there is no surviving descendant, the homestead descends to the surviving spouse outright. A spouse can elect statutory homestead rights against a contrary devise by petitioning the court; otherwise the spouse is deemed to consent to the disposition.

With minor children:

If there are surviving descendants (minor or adult), the surviving spouse takes a life estate in the homestead and the remainder passes in equal shares to the decedent's descendants by representation.

Exempt Property

Minnesota provides estate allowances for surviving spouses and children (exempt property and a family allowance) and separate creditor exemptions for debtor property under Minn. Stat. 550.37 and Chapter 510. These protections are limited and source-specific.

View exempt items
Estate Exempt Property (surviving spouse or children)
Household furniture, furnishings, appliances, and personal effects up to $15,000 in value over any security interests, plus one automobile, if any, without regard to value, under Minn. Stat. 524.2-403(a). If the qualifying assets are worth less than $15,000, the spouse or children may claim other personal property of the estate to make up the $15,000 value.
$15,000 in excess of security interests, plus one automobile without regard to value
Homestead (descent protection and creditor exemption)
The homestead passes to the spouse or descendants largely exempt from unsecured estate debts under Minn. Stat. 524.2-402, and is protected from creditor seizure during life under Minn. Stat. ch. 510. See homestead-law.json.
160 acres; value capped at $510,000 ($1,275,000 agricultural) under the current statute text, periodically adjusted
Household Goods (creditor)
Minn. Stat. 550.37 subd. 4b exempts household furniture, household appliances, computers, phones, and other consumer electronics of the debtor and the debtor's family up to the statutory cap. Amounts adjust periodically under subd. 4a; verify the current published figure.
$12,150 (current statute text; CPI-adjusted)
Motor Vehicle (creditor)
Minn. Stat. 550.37 subd. 12a exempts one motor vehicle up to $10,000, up to $25,000 if regularly used by a physically disabled person, up to $100,000 if specially modified for a disability, or up to $12,500 if necessary to the debtor's trade or profession. Verify the current adjusted amounts.
One motor vehicle up to $10,000, with higher caps for disability-modified or trade-essential vehicles (current statute text; CPI-adjusted)
Tools of Trade (creditor)
Minn. Stat. 550.37 subd. 6 exempts tools, implements, machines, instruments, office furniture, stock in trade, and library reasonably necessary in the debtor's trade, business, or profession up to the statutory cap.
$13,500 (current statute text; CPI-adjusted)
Retirement Plans
Certain retirement benefits and accounts are protected under Minn. Stat. 550.37 (including employee-benefit and retirement subdivisions) and related federal law when statutory requirements are met; caps and conditions apply to some account types. Verify the specific subdivision for the asset involved.
Generally exempt under stated conditions

Family Allowance

A reasonable allowance not to exceed $2,300 per month, as determined by the personal representative (a court can order other amounts) - A reasonable family allowance in money out of the estate for the maintenance of the surviving spouse and the minor and supported children during administration.

Minnesota Probate Questions

How much does probate cost in Minnesota?
Minnesota probate filing fees vary by county and type of administration. According to Minnesota court fee schedules, filing fees typically range from $200-$500 depending on the procedure. Additional costs include certified copy fees, publication notice fees ($50-$200), and potential bond premiums. Attorney fees may be statutory or hourly depending on state law. Use our free Minnesota fee calculator for county-specific estimates.
How long does probate take in Minnesota?
The timeline varies by type: Formal Probate typically takes 6-12+ months, Simplified Probate takes Varies, and Small Estate Procedure can often be completed in Varies.
Do I need an attorney for probate in Minnesota?
Attorney requirements vary by probate type and local practice. Attorney review is recommended for formal administration and whenever you are unsure which procedure applies.
Are these Minnesota probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the Minnesota county page and the county office handling the estate before filing.
Which Minnesota source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the Minnesota Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.