Overview
Faribault County is located in Minnesota with a population of approximately 13,886. The Faribault 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 Formal Probate of Will and for Formal Appointment of Personal Representative to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Minnesota offers a "Collection of Personal Property by Affidavit" for estates valued at $75,000 or less. This allows successors to collect personal property without a court proceeding 30 days after death.
Minnesota law allows for reasonable attorney's fees based on the complexity of the estate; there is no statutory percentage fee.
This guide provides an informational overview of the Faribault 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
Faribault County District Court
Probate matters in Faribault County are handled at the Faribault County Courthouse.
Address: 415 North Main Street, Blue Earth, MN 56013
Phone: (507) 526-6273 (Court Administration)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The District Court is located within the historic Faribault County Courthouse in Blue Earth. The Court Administration office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Free street parking is generally available around the courthouse square. The building is accessible to the public during business hours, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit for Collection of Personal Property: If the value of the entire probate estate does not exceed $75,000, successors may collect personal property by affidavit 30 days after death.
- Summary Assignment: For estates where assets are exempt from claims or insufficient to pay claims.
- 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 with the Faribault County District Court. Include:
- Petition for Probate (Form PRO1202)
- Original will and codicils (if any)
- Certified death certificate
- $322 filing fee
- Certificate of Representation (if represented by an attorney)
E-filing is mandatory for attorneys and optional for self-represented litigants in Minnesota.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing
- Publish notice in a newspaper of general circulation in Faribault County for two consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Many hearings are currently held remotely via Zoom.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — creditors have 4 months from the date of notice publication to file claims
- Inventory and appraise all estate assets within 6 months
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Faribault County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional for pro se filers via Odyssey File & Serve.
- Remote Hearings: Many probate hearings are currently held remotely via Zoom; check with court administration for specific login instructions.
- Self-Help Center: The Minnesota Judicial Branch offers a statewide self-help center for probate forms and instructions.
- Publication: Notice must be published in a newspaper of general circulation in Faribault County for two consecutive weeks.
The court may require a bond for the personal representative unless the will waives it or all heirs agree to waive it.
Timeline & Fees
Filing Fees (Faribault County)
- Petition for Probate: approximately $322
- Will Deposit: approximately $27
- Certified copies of Letters: approximately $14 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Motion fees: approximately $100
Minnesota does not have a statutory percentage fee for attorneys or executors; fees must be "reasonable" based on services provided.
Payment Methods
The court accepts credit cards, checks, and cash. There is a convenience fee for credit card payments.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
Creditors have 4 months to file claims after notice is published, which sets a minimum duration for the process.
Local Resources
Faribault County Court Resources
- Court Website: mncourts.gov
- Probate Self-Help: Minnesota Probate Help
- Minnesota Probate Forms: Minnesota Judicial Branch Forms
Legal Aid and Attorney Referrals
- Minnesota State Bar Association Lawyer Referral Service: (612) 752-6699 — Attorney referral service
- Southern Minnesota Regional Legal Services: (888) 575-2954 — Legal aid for low-income residents
Publication
- Faribault County Register: (507) 526-7324 — Official legal newspaper