Overview
Hennepin County is located in Minnesota with a population of approximately 1,273,334. The Hennepin County District Court, Probate/Mental Health 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 of Will and for Appointment of Personal Representative (Form PRO1202) 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.
If the value of the probate estate does not exceed $75,000, you may be able to use an Affidavit for Collection of Personal Property to transfer assets without court supervision after a 30-day waiting period.
Minnesota law provides for reasonable compensation for personal representatives and attorneys. There is no statutory percentage fee; fees must be reasonable based on the time, complexity, and value of the estate.
This guide provides an informational overview of the Hennepin 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
Hennepin County District Court, Probate Division
Probate matters in Hennepin County are handled at the Hennepin County Government Center.
Address: 300 South 6th Street, Minneapolis, MN 55487
Phone: (612) 348-6000 (Probate Scheduling Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Court is located on the C-4 Level of the Government Center. It handles estates, guardianships, conservatorships, and mental health commitments.
Parking and Access
Public parking is available in the Government Center Ramp (entrance on 3rd Avenue South) and other nearby municipal ramps. The Government Center is also directly accessible via the METRO Blue and Green Lines (Government Plaza Station). 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: If the probate estate is valued at $75,000 or less, you may collect assets 30 days after death using a sworn affidavit, without court involvement.
- Transfer on Death Deeds (TODD): Real estate with a recorded TODD passes directly to beneficiaries.
- 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 Formal Probate (Form PRO1202) with the Hennepin County District Court. Include:
- Petition for Probate
- Original Will and codicils (if any)
- Certified Death Certificate
- Filing fee (approximately $322)
- Certificate of Representation (if represented by an attorney)
Attorneys are required to e-file documents. Pro se (self-represented) petitioners may file in person or by mail, though e-filing is encouraged.
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 Hennepin County (such as Finance & Commerce) for two consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge or referee 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 to file claims).
- Inventory and appraise all estate assets and file an Inventory with the court within 6 months of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Account and Petition for Discharge to close the estate.
Local Requirements
Hennepin County-Specific Procedures
- E-filing: Mandatory for attorneys via the Minnesota District Court eFile and eServe system (Odyssey). Optional for self-represented litigants.
- Remote Hearings: Many probate hearings in Hennepin County are currently held remotely via Zoom. Check the hearing notice for specific instructions.
- Publication: Notice must be published in a legal newspaper of general circulation in Hennepin County, such as Finance & Commerce, for two consecutive weeks.
- Self-Help Center: The Hennepin County District Court offers a Self-Help Center for procedural assistance.
Always check the latest "Standing Orders" or practice pointers on the Hennepin County Court website for current procedural changes.
Timeline & Fees
Filing Fees (Hennepin County)
- Probate Petition: approximately $322
- Motion Fee: approximately $100
- Certified copies of Letters: $14 per certified copy
- Publication costs: approximately $150-$200 depending on the newspaper
- Will Deposit: $27 (for safekeeping before death)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa, MasterCard, Discover). A convenience fee applies to credit card payments.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period is 4 months from the date of notice publication, which sets a minimum timeline for closing the estate.
Local Resources
Hennepin County Court Resources
- Court Website: mncourts.gov
- Probate Self-Help: MN Judicial Branch Help Topics
- State Probate Forms: MN Court Forms
Legal Aid and Attorney Referrals
- Hennepin County Bar Association: (612) 752-6600 — Lawyer Referral Service
- Volunteer Lawyers Network: (612) 752-6677 — Legal aid for qualifying low-income residents
- LawHelpMN: lawhelpmn.org
Publication
- Finance & Commerce: (612) 333-4244 — Official legal newspaper
- Star Tribune: (612) 673-4000 — General circulation