Overview
Todd County is located in Minnesota with a population of approximately 25,955. The Todd 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 of Will and Appointment of Personal Representative (Form PRO1202) for testate estates or Petition for Formal Probate and Appointment of Personal Representative (Form PRO1102) for intestate estates 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 (net of liens and encumbrances). This procedure can be used 30 days after death without court supervision.
Minnesota does not have a statutory percentage fee for attorneys or personal representatives; fees must be "reasonable" based on services provided, time spent, and the complexity of the estate.
This guide provides an informational overview of the Todd 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
Todd County District Court
Probate matters in Todd County are handled at the Todd County Courthouse.
Address: 221 First Avenue S, Long Prairie, MN 56347
Phone: (320) 357-5005 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The District Court is located in the historic courthouse on the hill overlooking Long Prairie.
Parking and Access
Free public surface lot and free on-street parking are available near the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Collection of Personal Property by Affidavit: If the estate's personal property is valued at $75,000 or less (net of liens and encumbrances), you may use a small estate affidavit 30 days after death.
- Transfer on Death (TOD): Real estate with a recorded Transfer on Death Deed passes directly to beneficiaries without probate.
- 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 a will or Form PRO1102 without a will) with the Todd County District Court. Include:
- Petition for Formal Probate (Form PRO1202 or PRO1102)
- Original Will and codicils (if any)
- Certified Death Certificate
- $370 filing fee
- Certificate of Representation
E-filing is mandatory for attorneys and available for self-represented litigants via the Minnesota Court Records Online (MCRO) 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 Todd County for two consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 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:
- Notify creditors — creditors have 4 months from the date of notice to file claims
- 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
Todd County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional for pro se filers.
- Bond requirements: May be required unless waived by the will or the court.
- Remote Hearings: Many probate hearings are conducted remotely via Zoom; check with court administration.
- Publication: Notice must be published in a newspaper of general circulation in Todd County for two consecutive weeks.
The 7th Judicial District may require remote attendance for initial hearings.
Timeline & Fees
Filing Fees (Todd County)
- Probate Petition: approximately $370
- Objection to Probate: approximately $370
- Certified copies of Letters: approximately $14 per certified copy
- Publication costs: approximately $100-$300 depending on the newspaper
- Law Library fees: Included in the base filing fee
Fees are based on reasonable compensation for time and effort, not a fixed percentage.
Payment Methods
The court accepts cash, checks, credit cards (service fee applies).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Creditor claim period is 4 months, which sets a minimum duration for most formal probates.
Local Resources
Todd County Court Resources
- Court Website: mncourts.gov
- Probate Self-Help: Minnesota Judicial Branch Probate Help Topic
- Minnesota Probate Forms: Minnesota Judicial Branch 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 qualifying low-income residents
- Minnesota Lawyer Referral: mnbars.org/findalawyer
Publication
- Long Prairie Leader: (320) 732-2151 — Official legal newspaper
- Staples World: (218) 894-1112 — Official legal newspaper