In Minnesota, the time to contest a will or a trust depends on which document you are challenging and on what has already happened, such as informal probate of the will, a court order after a hearing, or a trustee’s written notice. Some clocks run from the death, and others run from a notice or a filing that can shorten the time. Every period below is quoted word for word from the statute, and I suggest checking the current text before relying on any of them, because the legislature can change a period at any session.
Minnesota sets these deadlines by statute. Chapter 524, the probate code, governs wills and estates, and chapter 501C, the Minnesota Trust Code, governs trusts and trustees. This article is written for heirs and beneficiaries deciding whether a challenge is still possible, including owners whose parent’s estate or trust holds a family business. It is also written for the personal representative or trustee deciding whether to send the notice that starts a clock. For how I handle these disputes, see my trust and estate litigation page.
How long do you have to contest a will in Minnesota?
A Minnesota will that went through informal probate can be contested within the later of two dates, one measured from the informal probate and one from the death. Under Minn. Stat. § 524.3-108, “a proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful, may be commenced within the later of 12 months from the informal probate or three years from the decedent’s death.” The same section also sets an outer limit on starting probate at all: “No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator’s domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent’s death.” The statute lists narrow exceptions, including a prior proceeding dismissed because of doubt about the death and the estate of a missing person.
Three points in the text shape how a contest works:
- The contest is a formal court proceeding. Under Minn. Stat. § 524.3-302, “Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding.” Minn. Stat. § 524.3-401 lets an interested person file “a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application.”
- The court checks the timing itself. Under Minn. Stat. § 524.3-409, the court enters a formal order only if it finds “that the proceeding was commenced within the limitation prescribed by section 524.3-108.”
- A few proceedings fall outside the limit. Section 524.3-108 states: “These limitations do not apply to proceedings to construe probated wills, determine heirs of an intestate, or proceedings to determine descent.” A challenge to whether the will is valid is not on that list.
Filing on time only opens the case. Under Minn. Stat. § 524.3-407, “Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake or revocation.” For what an undue-influence claim requires, see contesting a will for undue influence.
What changes when a will has already been through formal probate?
A formal probate order, entered after notice and a hearing, is final unless it is appealed or reopened on narrow grounds. Under Minn. Stat. § 524.3-412, a formal testacy order “is final as to all persons with respect to all issues concerning the decedent’s estate that the court considered or might have considered incident to its rendition relevant to the question of whether the decedent left a valid will.”
Appeal. Under Minn. Stat. § 525.71, paragraph (a)(1), an appeal may be taken from “an order admitting, or refusing to admit, a will to probate.” Minn. Stat. § 525.712 provides: “The appeal may be taken under the Rules of Appellate Procedure by any person aggrieved after service by any party of written notice of the filing of the order, judgment, or decree appealed from, or if no written notice is served, within six months after the filing of the order, judgment, or decree.” The appellate rule, Minn. R. Civ. App. P. 104.01, subd. 1, provides: “Unless a different time is provided by statute, an appeal may be taken from a judgment within 60 days after its entry, and from an appealable order within 60 days after service by any party of written notice of its filing.” The date a party serves notice of the order’s filing is therefore the date to record.
Reopening for a later will or an omitted heir. Section 524.3-412 allows two narrow petitions. Clause (1) covers a later will whose proponents “were unaware of its existence at the time of the earlier proceeding or were unaware of the earlier proceeding and were given no notice thereof, except by publication.” Clause (2) applies only “If intestacy of all or part of the estate has been ordered,” and covers omitted persons who “were unaware of their relationship to the decedent, were unaware of the death or were given no notice of any proceeding concerning the estate, except by publication.” Under clause (3), “A petition for vacation under either (1) or (2) must be filed prior to the earlier of the following time limits.” Those limits are tied to final distribution or closing of the estate, to the § 524.3-108 limit, and to the order’s entry.
Other grounds. Under Minn. Stat. § 524.3-413, “For good cause shown, an order, judgment or decree in a formal proceeding may be modified or vacated within the time limits and upon the grounds stated in section 524.1-304.” The same sentence adds an exception for property left out of the probate: “except that the same may be modified to include omitted property or to correct a description at any time.” The fraud ground is covered in the fraud section below.
What notice does Minnesota probate law require, and how can you make sure you receive it?
After a will is informally probated, the court administrator directs notice of the informal probate to interested persons by publication and by mail, and any person with an interest in the estate may file a demand for notice of orders and filings. Under Minn. Stat. § 524.3-306, after the registrar issues the written statement of informal probate, “notice of the informal probate proceedings, in the form prescribed by court rule, shall be given under the direction of the court administrator by publication once a week for two consecutive weeks in a legal newspaper in the county where the application is filed and by mailing a copy of the notice by ordinary first class mail to all interested persons, other than creditors.”
“Interested person” is a defined term. Under Minn. Stat. § 524.1-201, clause (34), it “includes heirs, devisees, children, spouses, creditors, beneficiaries and any others having a property right in or claim against the estate of a decedent, ward or protected person which may be affected by the proceeding.” For a formal proceeding, Minn. Stat. § 524.3-403, paragraph (a), provides: “Notice shall be given to the following persons: the surviving spouse, children, and other heirs of the decedent, the devisees and personal representatives named in any will that is being or has been probated.”
You can also ask the court to keep you informed. Under Minn. Stat. § 524.3-204, “Any person desiring notice of any order or filing pertaining to a decedent’s estate in which the person has a financial or property interest, may file a demand for notice with the court at any time after the death of the decedent.” Once a demand is filed, “no personal representative or other person shall apply to the court for an order or filing to which the demand relates unless demandant or the demandant’s attorney is given notice thereof at least 14 days before the date of such order or filing.” The statute adds an exception: “this requirement shall not apply to any order entered or petition filed in any formal proceeding.” Formal proceedings carry their own notice under § 524.3-403.
If you expect a dispute over a parent’s estate, I suggest filing a demand for notice in the county where probate would be opened, because it puts your name on the list before anyone applies for informal probate. For the steps of an ordinary estate, see how Minnesota probate works.
How long do you have to contest a living trust after the settlor dies?
A Minnesota living trust that the settlor could revoke until death can be contested only within the earlier of two periods: one measured from the death and one from the trustee’s written notice. Minn. Stat. § 501C.0605, paragraph (a), provides: “A person may commence a judicial proceeding to contest the validity of a trust that was revocable immediately prior to the settlor’s death within the earlier of” two periods.
The two periods, in the statute’s words, are:
- “three years after the settlor’s death”
- “120 days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the settlor’s death, of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding”
Because the statute uses “earlier,” a trustee who sends the complete package soon after the death shortens the time to contest. The package has five parts: the trust instrument and notice of the death, of the trust’s existence, of the trustee’s name and address, and of the time allowed. The second period runs from when the trustee “sent” the package. I suggest keeping the envelope and noting the date the package arrived, because the date sent is the one that counts and a postmark can show it.
Grounds come from the trust code. Under Minn. Stat. § 501C.0406, “A trust is void to the extent its creation was induced by fraud, duress, or undue influence.” For a challenge aimed at a late amendment rather than the whole trust, see challenging a trust amendment that cut you out.
Section 501C.0605 reaches only “a trust that was revocable immediately prior to the settlor’s death.” While the settlor is alive, Minn. Stat. § 501C.0604 provides: “While a trust is revocable, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.”
How long do you have to sue a trustee for breach of trust?
A Minnesota beneficiary’s time to sue a trustee depends on whether the trustee sent a report that disclosed the problem. Under Minn. Stat. § 501C.1005, paragraph (a), “A beneficiary may not commence a judicial proceeding against a trustee more than three years after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim.” If no such report was sent, a fallback period in paragraph (c) applies instead, quoted below. A trustee can also ask the court, under Minn. Stat. § 501C.0202, clause (2), “upon the filing of an account, to settle and allow the account,” and under Minn. Stat. § 501C.0204, subdivision 1, an order in an in rem proceeding “is binding in rem upon the trust estate and all interested persons, including without limitation all beneficiaries.”
The report does not have to spell out the claim. Paragraph (b) provides: “A report adequately discloses the existence of a potential claim if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.”
When no such report was sent, paragraph (c) applies: “If paragraph (a) does not apply, a judicial proceeding by a beneficiary against a trustee must be commenced within six years after the first to occur of” three events:
- “the removal, resignation, or death of the trustee”
- “the termination of the beneficiary’s interest in the trust”
- “the termination of the trust.”
Reports come from the trustee’s duty to inform. Under Minn. Stat. § 501C.0813, paragraph (a), “A trustee shall keep the qualified beneficiaries of an irrevocable trust reasonably informed about the administration of the trust and of the material facts necessary to protect their interests.” The same paragraph adds: “Unless unreasonable under the circumstances, a trustee shall promptly respond to a beneficiary’s request for information related to the administration of an irrevocable trust.” Paragraph (b) lets the trust instrument replace that duty for a time: “A settlor may provide, by an express provision in the trust instrument, that paragraph (a) shall not apply to the administration of a trust during any period when the trustee is required by the terms of the trust to keep the settlor or another person, including one or more beneficiaries of the trust or a representative of a beneficiary, reasonably informed about the administration of the trust and of the material facts necessary to protect the beneficiaries’ interests.” In that case the reports may go to that other person.
A trust instrument cannot shorten these periods. Minn. Stat. § 501C.0105, paragraph (b), provides that “The terms of a trust prevail over any provision of this chapter except” a list that includes “periods of limitation for commencing a judicial proceeding.”
I suggest reading each trustee report when it arrives and writing down questions, because a report that should have prompted questions can start the shorter period whether or not you asked them. For the duties a trustee owes, see the rights of beneficiaries in a Minnesota trust.
What deadlines apply after an estate is closed or distributed?
After a Minnesota estate closes, claims against the personal representative and efforts to recover distributed property each have their own statutory limit, unless a court has already ruled on them. Under Minn. Stat. § 524.3-1003, “Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court” a sworn closing statement. Under paragraph (a)(3), the personal representative must first have sent the statement to distributees and “furnished a full account in writing of the personal representative’s administration to the distributees whose interests are affected thereby.”
Claims against the personal representative. Under Minn. Stat. § 524.3-1005, “Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement.” The section has a carve-out: “The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent’s estate.”
Recovering property from the people who received it. Under Minn. Stat. § 524.3-1006, unless the right was “previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred,” “the right of any heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of (1) three years after the decedent’s death; or (2) one year after the time of distribution thereof.” It adds: “This section does not bar an action to recover property or value received as the result of fraud.”
Where an estate closes by closing statement, the filing of that statement starts the period under § 524.3-1005. An estate can instead close by court order. Under Minn. Stat. § 524.3-1001, paragraph (a)(1), “After notice to all interested persons and hearing” the court may enter an order “approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any interested person.” I suggest reading the account when it arrives rather than when the estate’s last check clears, because the period under § 524.3-1005 runs from the filing of the closing statement. For what to do about a personal representative’s conduct during administration, see steps for handling executor misconduct.
How does fraud change the deadlines in a Minnesota estate?
Fraud in a Minnesota probate proceeding or filing has its own limit, measured from when the fraud is discovered. Under Minn. Stat. § 524.1-106, “Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefiting from the fraud, whether innocent or not.”
The section then sets the time: “Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud.” Against the person who committed the fraud, the time runs from discovery. Against anyone else who benefited, the section adds an outer limit measured from when the fraud was committed.
The section has one limit that matters in a will dispute: “This section has no bearing on remedies relating to fraud practiced on a decedent while living which affects the succession of the estate.” A claim that someone deceived a parent into signing a will is a ground for contesting the will under § 524.3-407, and § 524.1-106 by its terms does not reach it. For an informally probated will, the time to bring that contest comes from § 524.3-108, which governs “a proceeding to contest an informally probated will.”
A court can also reopen its own orders for fraud. Under Minn. Stat. § 524.1-304, paragraph (b)(3), the court may vacate an order “within two years after petitioner’s discovery thereof, for fraud, whether intrinsic or extrinsic, or misrepresentation unless petitioner be a party to such fraud.” For fraud claims outside probate, see Minnesota’s time limits for fraud claims.
Why does filing early matter even when time remains?
Filing early in Minnesota matters because estates and trusts keep moving while a challenger waits: property gets distributed, and a probate court asked to reopen its own orders can deny relief to a petitioner who delayed. The statutes show four ways delay costs a challenger.
- A trustee may distribute. Under § 501C.0605, paragraph (b), after the settlor’s death “the trustee may proceed to distribute the trust property in accordance with the terms of the trust.” The trustee is liable for distributing only if “the trustee knows of a pending judicial proceeding contesting the validity of the trust,” or if “a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.”
- Distributed property has to be recovered from the people who received it. Under paragraph (c), “A beneficiary of a trust that is determined to have been invalid, in whole or in part, is liable to return any distribution received, to the extent the invalidity applies to the distribution.” That duty is only as useful as the recipient’s ability to repay.
- Notice of a formal probate proceeding can stop further distribution. Under § 524.3-401, “Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, shall refrain from exercising power to make any further distribution of the estate during the pendency of the formal proceeding.” The section adds: “In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.”
- A probate court can refuse to reopen an order for delay. Section 524.1-304, paragraph (b), gives the court power to “correct, modify, vacate, or amend its records, orders, and decrees,” and provides: “In any case, the petitioner must proceed with due diligence and may be barred by laches or the court may deny relief where it appears that the granting thereof would be inequitable in view of all the facts and circumstances appearing.”
Before filing, I suggest reading the will or trust for a forfeiture provision, because a challenge can cost a beneficiary the gift the document gives. For a will, Minn. Stat. § 524.2-517 provides: “A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.” For how these clauses work in wills and trusts, see no-contest clauses in Minnesota wills and trusts.
Is it too late to contest Dad's will four months after he died?
Not under the outer limits in Minn. Stat. § 524.3-108, which, with narrow exceptions the statute lists, measure the time from the death and, for an informally probated will, from the informal probate. The answer changes if a court has already entered a formal order admitting the will after a hearing. That order is final under Minn. Stat. § 524.3-412, subject to appeal and narrow reopening. The appeal period under Minn. Stat. § 525.712 runs from service of written notice of the order’s filing, or from the filing itself if no notice is served. I suggest checking the court file first, because the file shows which clock applies.
What if I never got notice of the probate?
You may still have a path. If the will was informally probated, a contest is measured by the periods in Minn. Stat. § 524.3-108, which run from the informal probate and from the death. Where a formal order was entered, Minn. Stat. § 524.3-412 provides that “If intestacy of all or part of the estate has been ordered,” the determination of heirs may be reconsidered for a person who was omitted and was unaware of the relationship, unaware of the death, or given no notice except by publication. That petition must be filed before the earliest of the time limits the statute lists. Minn. Stat. § 524.3-1001 also lets the court, “on proper petition for an order of complete settlement of the estate under this section,” determine testacy as it affects heirs or devisees who were omitted from, or not given notice of, an earlier formal testacy proceeding.
Should I tell the trustee I plan to contest the trust before I file?
It can take away the trustee’s protection from liability for distributing, if you file promptly. Under Minn. Stat. § 501C.0605, “Upon the death of the settlor of a trust that was revocable at the settlor’s death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless” the trustee knows of a pending contest or “a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.” Check the current text before relying on that period. The notification goes to the trustee’s protection from liability for distributing. The time to start the contest itself still comes from paragraph (a) of the same section.
Can the trust document cut short my time to bring a claim against the trustee?
No. Minn. Stat. § 501C.0105 lets a trust’s terms prevail over any provision of Minnesota’s trust code except a listed set, and one of the listed exceptions is periods of limitation for commencing a judicial proceeding. The periods in Minn. Stat. § 501C.1005 therefore apply whatever the trust instrument says. Separately, a court asked “upon the filing of an account, to settle and allow the account” under Minn. Stat. § 501C.0202 can enter an in rem order that “is binding in rem upon the trust estate and all interested persons, including without limitation all beneficiaries” under Minn. Stat. § 501C.0204. A trust’s terms can still affect other parts of the dispute, so I suggest reading the whole instrument before filing.
Does signing a receipt and release end my claim against the trustee?
It can. Under Minn. Stat. § 501C.1009, a beneficiary’s consent to a trustee’s conduct, release of the trustee from liability, or ratification of the conduct is binding unless the trustee’s improper conduct induced it, or unless the beneficiary did not know of the beneficiary’s rights or the material facts while the trustee did know those facts. I suggest reading the accounting and asking questions before you sign, because a release may end the claim before any limitation period would.
What if the executor hid assets or lied in the probate filings?
The usual short limits may not protect the personal representative. “Unless previously barred by adjudication,” Minn. Stat. § 524.3-1005 bars claims against a personal representative for breach of fiduciary duty unless a proceeding is commenced within a set period after the closing statement is filed, but it expressly does not bar recovery for fraud, misrepresentation, or inadequate disclosure related to settling the estate. Minn. Stat. § 524.1-106 separately allows relief for fraud in a probate proceeding or filing, with its time measured from discovery of the fraud and an outer limit for claims against anyone who did not commit it. Property left out of the probate can also be added under Minn. Stat. § 524.3-413.
Next Steps on a Minnesota Will or Trust Deadline
The first questions are which document you are challenging and what has already happened to it. For a will, the court file shows whether it was informally probated, formally probated after a hearing, or never filed, and each answer points to a different limit in § 524.3-108, § 524.3-412, or § 525.712. For a living trust that the settlor could revoke until death, § 501C.0605 sets the time “within the earlier of” a period measured from the settlor’s death and a period measured from when the trustee sent the trust instrument and notice. For a claim against a trustee, § 501C.1005 measures the time from when “the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim,” and “If paragraph (a) does not apply,” from the first of the trustee’s removal, resignation, or death, the termination of the beneficiary’s interest, or the termination of the trust. The statutes quoted above are current as of this article’s date, and I suggest reading the current text of each before relying on a period. For limitation periods on business claims generally, see Minnesota limitation periods for business claims.
If you are an heir, beneficiary, personal representative, or trustee facing one of these deadlines, email [email protected] with a brief description of the documents and the dates you know. I start with an intake and conflict check before you send confidential documents. I can then analyze the court file or trust documents and tell you which limit applies and the date it runs. More on how I handle these cases is on my trust and estate litigation page.
