Overview
Mower County is located in Minnesota with a population of approximately 40,100. The Mower 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 (Form PRO1202) or Application for Informal Probate (Form PRO802 with will or PRO702 without will) 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 a simplified process for small estates. If the value of the decedent's entire probate estate (personal property) does not exceed $75,000, successors may use an Affidavit for Collection of Personal Property (Form PRO202) after a 30-day waiting period.
Minnesota does not have a statutory fee schedule for attorneys or personal representatives; fees must be "reasonable" based on the time and complexity of the work.
This guide provides an informational overview of the Mower 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
Mower County District Court
Probate matters in Mower County are handled at the Mower County Justice Center.
Address: 201 2nd Avenue NE, Suite 3, Austin, MN 55912
Phone: (507) 509-7013 (Court Administration)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The District Court is part of the Third Judicial District. The Probate Registrar handles informal probate applications, while a Judge presides over formal probate proceedings.
Parking and Access
There is a public parking lot available at the Justice Center. Street parking is also available in the surrounding area. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $75,000 or less, you may be able to use an Affidavit for Collection of Personal Property (Form PRO202) after 30 days.
- Transfer on Death (TOD): Real estate with a recorded Transfer on Death Deed or vehicles with TOD beneficiaries transfer outside of 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 the appropriate petition or application with the Mower County District Court. Include:
- Petition for Formal Probate (Form PRO1202) or Application for Informal Probate (Form PRO802 with will or PRO702 without will)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $320)
- Certificate of Representation (if represented by an attorney)
Minnesota courts require e-filing for attorneys. 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 (formal) or notice of application (informal) to all heirs, beneficiaries, and interested parties.
- Publish notice in a legal newspaper of general circulation in Mower County (e.g., Austin Daily Herald or Mower County Independent) 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 reviews the petition and issues Letters Testamentary or Letters of General Administration. Informal probate typically does not require a hearing unless contested.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 4-month period for claims.
- Inventory and appraise all estate assets within 6 months.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the will or intestacy laws.
- File a final accounting and petition for discharge to close the estate.
Local Requirements
Mower County-Specific Procedures
- E-filing: Attorneys are required to e-file. Pro se petitioners are encouraged to use the Minnesota Guide & File system.
- Bond requirements: A bond may be required for the personal representative unless waived by the will or the court.
- Publication: Notice must be published in an approved legal newspaper such as the Austin Daily Herald or Mower County Independent for two consecutive weeks.
Always check with the Court Administrator for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Mower County)
- Initial Probate Filing: approximately $320 (Base fee + Law Library/Tech fees)
- Certified copies of Letters: approximately $14 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Will Deposit: approximately $27
Minnesota law requires attorney and personal representative fees to be reasonable based on services performed.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards. Convenience fees apply for card payments.
Estimated Timelines
- Simple estates (informal, no disputes): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Minnesota is 4 months from the date of notice publication, which sets a minimum timeline for closing the estate.
Local Resources
Mower County Court Resources
- Court Website: mncourts.gov/Find-Courts/Mower.aspx
- Probate Self-Help: mncourts.gov/Help-Topics/Probate-Wills-and-Estates.aspx
- Minnesota Probate Forms: mncourts.gov/getforms/probate
Legal Aid and Attorney Referrals
- Southern Minnesota Regional Legal Services: (888) 575-2954 — Legal aid for low-income residents
- Minnesota State Bar Association Referral: mnlawyerreferral.org
Publication
- Austin Daily Herald: (507) 433-8851 — Official legal newspaper
- Mower County Independent: (507) 324-5325 — Official legal newspaper