Overview
Rice County is located in Minnesota with a population of approximately 69,025. The Rice 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 PRO1102 without a will or PRO1202 with a will) or an Application for Informal Probate (Form PRO702 without a will or PRO802 with a 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 Collection of Personal Property by Affidavit (Form PRO202) for small estates where the value of the probate estate (personal property) does not exceed $75,000. There is also a Summary Assignment procedure for estates that do not exceed certain allowances and exempt property limits.
Minnesota law does not set a mandatory statutory fee schedule for attorneys or personal representatives; fees must be "reasonable" based on services provided.
This guide provides an informational overview of the Rice 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
Rice County District Court
Probate matters in Rice County are handled at the Rice County Courthouse.
Address: 218 3rd Street NW, Faribault, MN 55021
Phone: (507) 497-7134 (Court Administration)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The District Court is part of the Third Judicial District. The Court Administration office is located on the first floor of the courthouse.
Parking and Access
Free public parking is available in the surface lot adjacent to the courthouse and on surrounding streets. 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:
- Affidavit for Collection of Personal Property: If the probate estate (personal property only) is valued at $75,000 or less, you may be able to collect assets 30 days after death without court involvement.
- Summary Assignment: For estates where assets are limited to exempt property and family allowances.
- 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 Rice County District Court. Include:
- Petition for Formal Probate (PRO1102 or PRO1202) or Application for Informal Probate (PRO702 or PRO802)
- Original Will and codicils (if any)
- Certified Death Certificate
- Filing fee (approximately $325)
- 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 to all heirs, beneficiaries, and interested parties at least 14 days before the hearing
- Publish notice in a newspaper of general circulation in Rice County (such as the Faribault Daily News or Northfield News) for two consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 3 to 6 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 to file claims after notice is published)
- 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 Account and petition for discharge to close the estate
Local Requirements
Rice County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for pro se litigants.
- Bond requirements: The court may require a bond unless the will waives it or all heirs waive the requirement.
- Publication: Notice must be published in a legal newspaper within Rice County, such as the Faribault Daily News, Northfield News, or Lonsdale Area News-Review, for two consecutive weeks.
Consult the Third Judicial District administration for specific local court rules regarding remote hearings and document submission preferences.
Timeline & Fees
Filing Fees (Rice County)
- Probate Petition (Formal or Informal): approximately $325
- Deposit of Will (Safekeeping): approximately $27
- Certified copies of Letters: approximately $14 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Exemplified Copies: approximately $25
Minnesota does not have a statutory percentage fee for attorneys or executors; fees must be reasonable based on time and complexity.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa/Mastercard). A convenience fee applies to card payments.
Estimated Timelines
- Simple estates (Informal): 4-6 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Minnesota is 4 months from the date of publication, which sets a minimum duration for the process.
Local Resources
Rice County Court Resources
- Court Website: mncourts.gov/Find-Courts/Rice.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
- Rice County Law Library: (507) 333-3761 — Located in the courthouse
- Southern Minnesota Regional Legal Services: (888) 575-2954 — smrls.org
- Minnesota State Bar Lawyer Referral: mnbars.org/findalawyer
Publication
- Faribault Daily News: (507) 333-3100 — Legal Notices
- Northfield News: (507) 645-5615 — Legal Notices