Overview
Swift County is located in Minnesota with a population of approximately 9,700. The Swift County District Court (8th Judicial District) 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 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.
Simplified Procedures: Minnesota offers an Affidavit for Collection of Personal Property for small estates where the value of the probate estate (personal property only) does not exceed $75,000. There is also a Summary Assignment procedure for certain estates.
Fees: Minnesota law sets standard filing fees, but counties may add law library or technology fees. Attorneys generally charge hourly rates, though some may work on a flat fee basis for simple estates.
This guide provides an informational overview of the Swift 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
Swift County District Court
Probate matters in Swift County are handled at the Swift County Courthouse.
Address: 301 14th Street North, Benson, MN 56215
Phone: (320) 843-2744 (Court Administration)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (closed 12:00 PM to 1:00 PM for lunch)
The District Court is located within the historic Swift County Courthouse in Benson. Court Administration handles filings for probate, civil, and criminal matters.
Parking and Access
Free public parking is available in the lot adjacent to the courthouse and on surrounding streets. Security screening may be required 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: For estates valued at $75,000 or less (personal property only), you may be able to skip court by presenting a sworn affidavit to asset holders after a 30-day waiting period.
- Summary Assignment: For estates where assets are exempt from creditor claims or insufficient to pay claims.
- 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 similar) with the Swift County District Court. Include:
- Petition for Probate of Will and/or Appointment of Personal Representative
- 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. Pro se (self-represented) litigants may file in paper or use the e-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 Swift County (e.g., Swift County Monitor-News) for two consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of General Administration. In informal probate (uncontested), a registrar may approve the petition without a hearing.
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 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
Swift County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional for self-represented litigants.
- Newspaper: The Swift County Monitor-News is frequently used for legal publications in the county.
- Remote Hearings: Some hearings may be conducted remotely via Zoom. Check the hearing notice or contact Court Administration for specific instructions.
- Forms: Swift County utilizes the standard Minnesota Judicial Branch probate forms.
Always check with the Court Administrator for the most up-to-date local rules regarding scheduling and document submission.
Timeline & Fees
Filing Fees (Swift County)
- Probate Petition: approximately $325 (Base fee + Law Library/Tech fees)
- Certified Copies of Letters: approximately $14 per copy
- Publication costs: approximately $150-$300 depending on the newspaper and length of notice
- Will Deposit: approximately $27 (for safekeeping before death)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees apply for cards).
Estimated Timelines
- Small Estate Affidavit: 30-day waiting period after death; no court time.
- Informal Probate (Uncontested): 4-6 months minimum (due to creditor period).
- Formal/Complex Estates: 9-12 months or longer.
The 4-month creditor claim period begins after the first publication of notice.
Local Resources
Swift County Court Resources
- Court Website: mncourts.gov/Find-Courts/Swift.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
- Minnesota State Bar Association: mnbar.org
- LawHelpMN: lawhelpmn.org — Legal information and referrals for low-income residents.
Publication
- Swift County Monitor-News: (320) 843-4111 — swiftcountymonitor.com