Overview
Fillmore County is located in Minnesota with a population of approximately 21,228. The Fillmore 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 PRO201 or PRO202) 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.
Minnesota offers an Affidavit for Collection of Personal Property for estates valued at $75,000 or less (excluding vehicles). There is a 30-day waiting period after death before this affidavit can be used.
Minnesota law allows for reasonable attorney fees and personal representative compensation. There is no statutory percentage schedule; fees must be reasonable based on services provided.
This guide provides an informational overview of the Fillmore 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
Fillmore County District Court
Probate matters in Fillmore County are handled at the Fillmore County Courthouse.
Address: 101 Fillmore Street E., Preston, MN 55965
Phone: (507) 765-6021 (Court Administration)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The District Court is located within the historic Fillmore County Courthouse in Preston. Probate filings are processed by the Court Administration office, which is part of the Third Judicial District.
Parking and Access
Free street parking is generally available around the courthouse square. There is a public entrance with security screening.
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 estate (personal property) is valued at $75,000 or less, you may be able to use a sworn affidavit to collect assets 30 days after death.
- Summary Assignment: For estates where assets are exempt from creditors or insufficient to pay claims, the court can summarily assign assets to the spouse or children.
- 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 (Form PRO201 or PRO202) with the Fillmore County District Court. Include:
- Application for Informal Probate or Petition for Formal Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $325)
- Certificate of Representation (if represented by attorney)
Minnesota courts require e-filing for attorneys. Self-represented litigants may file in paper or use the Minnesota eFile & eServe (eFS) system.
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 Fillmore County for two consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of General Administration.
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
Fillmore County-Specific Procedures
- E-Filing: Attorneys must file electronically via the Minnesota eFile & eServe (eFS) system. Pro se litigants may file in person or by mail.
- Remote Hearings: Many probate hearings in the Third Judicial District may be held remotely via Zoom. Check the hearing notice for specific instructions.
- Self-Help Workstation: A public access computer terminal is available at the courthouse for searching court records and printing forms.
- Publication: Notice must be published in a newspaper of general circulation in Fillmore County for two consecutive weeks.
Fillmore County is part of the Third Judicial District. Judges may rotate or be assigned from neighboring counties.
Timeline & Fees
Filing Fees (Fillmore County)
- Probate Petition: approximately $325
- Will Deposit (Safekeeping): approximately $27
- Certified copies of Letters: approximately $14 per certified copy
- Publication costs: approximately $150-$250 depending on the newspaper
- Copy fees: $8.00 for uncertified copies
Minnesota does not have a statutory percentage fee schedule. Fees must be "reasonable" based on time and complexity.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa/Mastercard). Credit card payments may incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 4-6 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2 years
The 4-month creditor claim period sets a minimum duration for closing the estate.
Local Resources
Fillmore County Court Resources
- Court Website: mncourts.gov
- Probate Self-Help: Minnesota Judicial Branch Probate Help
- Minnesota Probate Forms: State Court Forms
Legal Aid and Attorney Referrals
- Minnesota State Bar Association: (800) 882-6722 — Attorney referral service
- Southern Minnesota Regional Legal Services: (888) 575-2954 — Legal assistance for low-income residents
- State Bar Lawyer Referral: mnbar.org
Publication
- Fillmore County Journal: (507) 765-2151 — Official legal newspaper for Fillmore County
- Bluff Country Reader: (507) 346-7365 — Local area newspaper