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Cost of Probate in Minnesota

Curious about the cost of probate in Minnesota? Read our guide that covers everything about Minnesota probate fees.

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When an estate owner dies in Minnesota, it’s not uncommon for his or her estate to go through what’s known as probate. Probate is just the legal term for how an estate is settled. It allows for a Personal Representative to be appointed, who can then oversee the administration of the estate.

The average cost of probate in Minnesota can vary based on several things like:

  • Estate size

  • How complex it is

  • If someone contests the Will

  • How many heirs there are

  • If the Estate Plans left are comprehensive and valid

  • Whether or not a probate attorney is retained

  • Etc. 

Common Probate Fees in Minnesota

Probate fees in Minnesota can differ, but there are a few costs that are pretty standard.   

  • Various court filing fees  

  • Legal fees (if an attorney is used)  

  • Executor fees/compensation - Minnesota is a reasonable compensation state

  • Appraisal, Land Survey and Accounting fees

  • Probate Bonds (almost always required in formal/supervised probates)

  • Etc.

Common Questions About Probate in Minnesota

How Long Does Probate Take in Minnesota?

Minnesota probate can take a minimum of six months, but could take up to several years. How long it takes just depends on the complexity of the estate. 

What is UPC in Minnesota?

The Uniform Probate Code (UPC) was supposed to make a simplified, universal process for all states to follow in regards to probate. But only 18 states have adopted the code so far - Minnesota is one of them. The code stipulates that there are three types of probate proceedings:

  • Informal

  • Unsupervised

  • Supervised formal 

How Much Does a Probate Lawyer Cost in Minnesota?

Probate attorney fees in Minnesota can range. Sometimes you can expect a range of $500 - $1,000, but that would suggest a very basic, uncomplicated case. 

How to Avoid Probate in Minnesota

Fortunately, there are ways to avoid probate in Minnesota.

  • Set up a Living Trust

  • Title property with Joint Ownership, and make Payable on Death (POD) accounts or Transfer on Death (TOD) Deeds

Finally, small estates that don’t meet a certain threshold can also avoid probate. 

What is Considered a Small Estate in Minnesota?

In the state of Minnesota, you can avoid probate using the Affidavit process. To do so, the estate must equal less than $75,000 in value. There is a 30-day wait period for this option. If an estate exceeds this amount, or if any real property is solely titled in the decedent's name, it’s most likely the estate will need to go through the probate process to be administered.

Who Pays Probate Fees in Minnesota?

Many people wonder about how the costs associated with probate are paid. The good news is that all the fees and costs, including even probate lawyer fees in Minnesota, can be covered using funds from the estate.

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