Probate helps protect the wishes of a person after they die. A personal representative is responsible for “probating” your will. If you do not have a will or did not name a personal representative, the court will designate a personal representative for you. In order to protect the person’s interest, the Court can take control over a matter that causes disagreement.

Probating a will begins by filing an application with the probate court. It ends when all debts and taxes are paid and all assets are distributed. Probate laws in Minnesota apply to the estates of people who were residents of Minnesota at the time of their death or if they own real property in Minnesota. Therefore, if someone is a resident of another state but owns real property in Minnesota when they die, the matters surrounding that property will be guided by Minnesota Probate law. Furthermore, if a person does have a will, that does not mean that they will avoid probate. If you own property probate will always be necessary.

If you are currently in a situation where you’ll be dealing with the Minnesota court system regarding a probate or estate matter, or if you think that you will be in this kind of situation in the near future, it is important that you hire a Minnesota attorney with a thorough understanding of Minnesota probate law.


Probate attorneys provide the following legal services:

  • Breach of Fiduciary Duty
  • Determination of Heirs
  • Elective Share Litigation
  • Estate Litigation
  • Estate Planning
  • Guardianship Litigation
  • Lack of Mental Capacity (Testamentary Capacity)
  • Last Will and Testament Disputes
  • Minnesota Wrongful Death
  • Power of Attorney Abuse
  • Probate
  • Probate Administration
  • Probate Litigation
  • Real Estate Litigation
  • Removal of Personal Representative
  • Trust Administration
  • Trust Contests
  • Trust Litigation
  • Trust Reformation/Construction
  • Undue Influence Claims
  • Will Contests


Probate and estate administration can be complex. These are situations where someone has died, and a new legal entity — the decedent’s estate — comes into existence to cover the whole range of legal relationships and commitments that arise out of a person’s death.

Does my probate lawyer need to be in the same county as the decedent?

No, the probate attorney usually does not have to be in the same county as the decedent’s residence. A Minnesota probate attorney can handle cases in any Minnesota county; probate documents can usually be handled by mail. If court hearings are required, an attorney will need to attend the hearing, which can often be done by phone.

How much does probate cost in Minnesota?

Minnesota probate cases will vary, depending upon the complexity and other issues, but attorneys can be compensated by the estate, so the family doesn’t need to come up with the money.

Contact an attorney in this area