Overview
Carver County is located in Minnesota with a population of approximately 113,332. The Carver County District Court (Probate Division) 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 Formal Probate (Form PRO1202) or Application for Informal Probate (Form PRO802) 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.
Small Estate Procedures: Minnesota offers an Affidavit for Collection of Personal Property for estates where the value of the probate assets (personal property) does not exceed $75,000. This allows successors to collect assets without a full court proceeding after a 30-day waiting period.
Fees: Minnesota does not have a statutory percentage fee for attorneys or personal representatives; fees must be "reasonable" based on time and complexity.
This guide provides an informational overview of the Carver 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
Carver County District Court
Probate matters in Carver County are handled at the Carver County Justice Center.
Address: 604 East 4th Street, Chaska, MN 55318
Phone: (952) 361-1420 (Court Administration)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the Court Administration office. It is located within the Carver County Justice Center complex in Chaska.
Parking and Access
Free public parking is available in the surface lots surrounding the Justice Center. The building is accessible, with security screening required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $75,000 or less, you may be able to use an Affidavit for Collection of Personal Property (Form PRO202) after a 30-day waiting period.
- Non-Probate Assets: Assets with beneficiary designations (e.g., life insurance, IRAs) or held in joint tenancy pass directly to the beneficiary and do not require probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal or informal probate is needed, file a Petition for Formal Probate (Form PRO1202) or Application for Informal Probate (Form PRO802) with the Carver County District Court. Include:
- Petition: Fully completed and signed.
- Original Will: If the decedent had a will.
- Certified Death Certificate: Available from the county or state vital records.
- Filing Fee: Approximately $324 (check current fee schedule).
- Certificate of Representation: If represented by an attorney.
E-Filing: Minnesota requires attorneys to e-file documents. Self-represented litigants may file in paper or use the electronic 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 interested parties.
- Publish notice in a legal newspaper of general circulation in Carver County (e.g., Chaska Herald or Waconia Patriot) for two consecutive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. If there are no objections, the judge or registrar will issue the order. For informal probate, the registrar may approve the application without a hearing if all requirements are met. Once approved, the court issues Letters Testamentary or Letters of General Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Published notice starts the 4-month creditor claim period.
- Inventory and appraise: Prepare an inventory of estate assets within 6 months.
- Pay debts and taxes: Satisfy valid claims and file necessary tax returns.
- Distribute assets: Transfer remaining assets to beneficiaries according to the will or state law.
- Close the estate: File a Final Account and Petition for Discharge (or a Unsupervised Personal Representative's Statement to Close Estate) to conclude the process.
Local Requirements
Carver County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional but encouraged for pro se filers via the Minnesota Judicial Branch eFile & eServe system.
- Publication: Notice must be published in an approved legal newspaper in Carver County, such as the Chaska Herald, Chanhassen Villager, or Waconia Patriot.
- Remote Hearings: Many probate hearings may be held remotely via Zoom. Check the hearing notice for specific instructions.
Always check with the Court Administrator for the most up-to-date local rules and forms.
Timeline & Fees
Filing Fees (Carver County)
- Probate Petition (Formal or Informal): approximately $324
- Small Estate Affidavit (if filed): Fees vary, often only copy/certification fees apply if not opening a file
- Certified copies of Letters: approximately $14 per certified copy
- Publication costs: approximately $150-$250 depending on the newspaper
- Will Deposit (for safekeeping): approximately $27
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa/Mastercard). A convenience fee applies to card payments.
Estimated Timelines
- Simple estates (Informal, no disputes): 4-6 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2+ years
Note: The creditor claim period in Minnesota is 4 months from the date of the first publication of notice.
Local Resources
Carver County Court Resources
- Court Website: Carver County District Court
- Probate Self-Help: MN Judicial Branch Probate Help
- State Probate Forms: MN Court Forms
Legal Aid and Attorney Referrals
- Minnesota State Bar Association: (800) 292-4152 — mnbar.org
- Southern Minnesota Regional Legal Services: (888) 575-2954 — smrls.org
- LawHelpMN: lawhelpmn.org
Publication
- Chaska Herald: (952) 448-2200 — Legal Notices Dept.
- Waconia Patriot: (952) 442-4414 — Legal Notices Dept.