Overview
Benton County is located in Minnesota with a population of approximately 41,600. The Benton County District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Minnesota probate is governed by Minnesota Statutes Chapter 524 (Uniform Probate Code). The process begins with filing a Petition for Probate (Form PRO802 for informal probate with a will, or PRO702 for informal probate without a will) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of General Administration for intestate estates.
Simplified Procedures: Minnesota offers an Affidavit for Collection of Personal Property for small estates. This procedure is available if the value of the probate estate (personal property only) does not exceed $75,000 and there is no real property in the decedent's name alone.
Fee Structure: Minnesota law does not set a statutory percentage fee for personal representatives or attorneys; fees must be "reasonable" based on the time and complexity of the work.
This guide provides an informational overview of the Benton County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Benton County District Court
Probate matters in Benton County are handled at the Benton County Courts Facility.
Address: 615 Highway 23, PO Box 189, Foley, MN 56329
Phone: (320) 968-5205 (Court Administration)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The District Court is part of the Seventh Judicial District. The court administration office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Free public parking is available in the lot adjacent to the Courts Facility. All visitors must pass through security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit for Collection of Personal Property: For estates valued at $75,000 or less (personal property only), successors can collect assets 30 days after death without court involvement.
- Transfer on Death (TOD): Real estate with a recorded Transfer on Death Deed or vehicles with TOD beneficiaries transfer automatically.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate (Formal or Informal) with the Benton County District Court. Include:
- Petition for Probate (Form PRO802 for informal probate with a will, PRO702 for informal probate without a will, or PRO1102/PRO1202 for formal probate)
- Original Will and codicils (if applicable)
- Certified Death Certificate
- Filing fee (approximately $325)
- Certificate of Representation (if represented by an attorney)
Minnesota courts require e-filing for attorneys. Self-represented litigants may file in paper or use the e-filing system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or notice of informal probate) to all heirs, beneficiaries, and known creditors.
- Publish notice in a legal newspaper of general circulation in Benton County (such as the Benton County News) for two consecutive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. If the petition is informal and uncontested, the registrar may approve it without a hearing. Upon approval, the court issues Letters Testamentary or Letters of General Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify the Commissioner of Human Services (if applicable)
- Inventory and appraise all estate assets within 6 months
- Pay valid creditor claims (creditors have 4 months from publication to file claims)
- File federal and state tax returns
- Distribute assets to beneficiaries
- File a Final Account and petition for discharge to close the estate
Local Requirements
Benton County-Specific Procedures
- E-Filing: Attorneys are mandated to e-file. Pro se petitioners are encouraged to use the Minnesota District Court eFile & Serve system.
- Hearing Location: Hearings are typically held at the Courts Facility in Foley.
- Publication: Notice must be published in an approved legal newspaper in Benton County, such as the Benton County News or Sauk Rapids Herald, for two consecutive weeks.
- Forms: The court utilizes standard statewide forms approved by the Minnesota Judicial Branch.
Timeline & Fees
Filing Fees (Benton County)
- Probate Petition (Formal or Informal): approximately $325 (Base fee ~$310 + law library fees)
- Small Estate Affidavit: No court filing fee (presented directly to asset holders); certified copies may incur a small fee if recorded.
- Certified Copies of Letters: approximately $14 per copy
- Publication costs: approximately $150-$300 depending on the newspaper and length of notice
- Will Deposit (Safekeeping): approximately $27
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees apply for cards).
Estimated Timelines
- Simple estates (Informal, no disputes): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Minnesota is 4 months from the date of the first publication of notice.
Local Resources
Benton County Court Resources
- Court Website: mncourts.gov/find-courts/benton
- Probate Self-Help: mncourts.gov/Help-Topics/Probate-Wills-and-Estates
- Minnesota Probate Forms: mncourts.gov/GetForms
Legal Aid and Attorney Referrals
- Minnesota State Bar Association Referral: mnbars.org/findalawyer
- Central Minnesota Legal Services: (320) 253-0121 — Legal aid for qualifying low-income residents
- LawHelpMN: lawhelpmn.org
Publication
- Benton County News: (320) 968-7220 — Legal notices
- Sauk Rapids Herald: (320) 251-1971 — Legal notices