Formal Probate in Minnesota County Courts

Minnesota Probate Law

To proceed in formal probate means that the proceedings will take place in court before a judge. To proceed informally, the lawyer will bring the case before a person called a registrar, but the case must meet certain requirements to proceed informally.

If you have any questions, or require representation, please contact me, a Minnesota probate attorney.

To initiate formal proceedings, an interested person (not necessarily the personal representative) submits a petition to the county court to open a new file. When the case is filed, the a hearing will be set and notice of the hearing will be sent to any other interested parties that the estate will be considered for probate.

The court will hold a hearing conducted by lawyers for any interested persons to determine whether there is a will, whether there is a personal representative, and whether the estate can be probated. After the hearings, the court will appoint a personal representative to settle the estate.

Formal proceedings tend to be more expensive, simply because they are formal, judicial proceedings. Whenever an attorney has to go before a judge will generally be more expensive than before a lesser official because of the increased preparation time and costs.

However, even if a case must be opened formally, the proceedings may sometimes be able to be closed informally, which can reduce costs significantly. You should always consult with an attorney.