Overview
Marshall County is located in Minnesota with a population of approximately 9,040. The Marshall 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 of Will and Appointment of Personal Representative (Form PRO201) 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.
Minnesota does not have a statutory percentage fee for attorneys or executors; fees must be "reasonable" based on services provided.
This guide provides an informational overview of the Marshall 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
Marshall County District Court
Probate matters in Marshall County are handled at the Marshall County Courthouse.
Address: 208 E Colvin Avenue, Suite 18, Warren, MN 56762
Phone: (218) 745-4921 (Court Administrator)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The District Court is located within the historic Marshall County Courthouse in Warren.
Parking and Access
Free street parking is generally available around the courthouse square.
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's probate assets are valued at $75,000 or less, you may be able to avoid court by using an affidavit after a 30-day waiting period.
- Transfer on Death Deeds: Real estate can be transferred directly to a beneficiary if a Transfer on Death Deed was recorded before death.
- 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 or Informal Probate with the Marshall County District Court. Include:
- Petition for Probate (Form PRO201 or similar)
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee of approximately $322
- Identification of heirs and interested parties
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 Marshall 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 Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors; the creditor claim period is 4 months from the date of publication.
- 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
Marshall County-Specific Procedures
- E-Filing: Mandatory for attorneys; pro se filers may file in paper or use the eFS system.
- Remote Hearings: Many probate hearings are currently held remotely via Zoom; check with the court administrator.
- Self-Help Workstation: A public access computer terminal is available at the courthouse for searching records.
- Publication: Notice must be published in a newspaper of general circulation in Marshall County for two consecutive weeks.
Marshall County is part of the Ninth Judicial District.
Timeline & Fees
Filing Fees (Marshall County)
- Probate Petition: approximately $322
- Will Deposit: approximately $27
- Certified copies of Letters: approximately $14 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Motion fees: ~$100
Minnesota law requires attorney and representative fees to be reasonable based on time and complexity; there is no statutory percentage.
Payment Methods
The court accepts cash, check, money order, or credit card (service fees apply). Credit card payments typically 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 the process.
Local Resources
Marshall County Court Resources
- Court Website: mncourts.gov
- Probate Self-Help: MN Judicial Branch Probate Help
- Minnesota Probate Forms: Statewide Probate Forms
Legal Aid and Attorney Referrals
- Minnesota State Bar Association: (800) 882-6722 — Attorney referral service
- Legal Services of Northwest Minnesota: (800) 450-8585 — Legal aid for low-income residents
- mnbars.org: mnbars.org
Publication
- Marshall County Enterprise: (218) 745-5174 — Legal newspaper in Warren, MN
- Stephen Messenger: (218) 478-2221 — Local newspaper serving Stephen area