Overview
Washington County is located in Minnesota with a population of approximately 283,960. The Washington County District Court (Probate Division) 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 (or Informal Probate) 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.
Small Estate Procedures: Minnesota offers a simplified process for small estates. If the value of the probate estate (personal property) does not exceed $75,000, successors may use an Affidavit for Collection of Personal Property after a 30-day waiting period, avoiding full probate court proceedings.
Fees: Minnesota District Courts charge a standard filing fee, currently approximately $322 for opening a probate case. This fee includes the base filing fee and applicable surcharges.
This guide provides an informational overview of the Washington 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
Washington County District Court
Probate matters in Washington County are handled at the Washington County Government Center.
Address: 14949 62nd Street North, Stillwater, MN 55082
Phone: (651) 413-8030 (Court Administration)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the Civil Division of the District Court. It is located within the main Government Center complex in Stillwater.
Parking and Access
Free public parking is available in the large surface lots surrounding the Washington County Government Center. The facility is fully accessible, with security screening required at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Collection by Affidavit: If the estate's personal property is valued at $75,000 or less, you may be able to collect assets using an affidavit 30 days after death without court involvement.
- Transfer on Death (TOD): Real estate with a recorded Transfer on Death Deed or accounts with beneficiary designations bypass 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 for Probate (Form PRO201 or similar) with the Washington County District Court. Include:
- Petition for Probate (Formal or Informal)
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing fee (approximately $322)
- 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 (or notice of informal probate) to all heirs, beneficiaries, and known creditors.
- Publish notice in a legal newspaper of general circulation in Washington County (e.g., Stillwater Gazette or Forest Lake Times) once a week 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 (or registrar for informal proceedings) reviews the petition and issues Letters Testamentary or Letters of General Administration.
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.
- Close the estate by filing a Final Account and Petition for Discharge (or a Sworn Statement to Close for informal estates).
Local Requirements
Washington County-Specific Procedures
- E-Filing: Attorneys are required to e-file documents. Pro se petitioners are encouraged to use the Minnesota Court Records Online (MCRO) system or e-file but may file paper documents.
- Publication: Notice must be published in an approved legal newspaper in Washington County, such as the Stillwater Gazette, for two consecutive weeks.
- Forms: Washington County uses the standard Minnesota Judicial Branch probate forms.
- Hearings: Many probate hearings are currently held remotely via Zoom; check the hearing notice for specific instructions.
Timeline & Fees
Filing Fees (Washington County)
- Probate Petition (Formal or Informal): approximately $322
- Certified Copies of Letters: $14 per copy
- Publication costs: approximately $150-$300 (paid directly to the newspaper)
- Will Deposit (for safekeeping): $27
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa, MasterCard, Discover). A convenience fee applies to card payments.
Estimated Timelines
- Simple estates (Informal, no disputes): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
The creditor claim period in Minnesota is 4 months from the date of notice, which sets a minimum duration for the estate administration.
Local Resources
Washington County Court Resources
- Court Website: mncourts.gov/find-courts/washington
- Probate Self-Help: mncourts.gov/Help-Topics/Probate-Wills-and-Estates
- Minnesota Probate Forms: mncourts.gov/GetForms
Legal Aid and Attorney Referrals
- Washington County Law Library: (651) 430-6330 — Located in the Government Center, provides legal research assistance.
- Southern Minnesota Regional Legal Services (SMRLS): (651) 222-4731 — Legal aid for low-income residents.
- Minnesota State Bar Association Referral: mnbars.org/findalawyer
Publication
- Stillwater Gazette: (651) 439-3130 — Common legal newspaper.
- Forest Lake Times: (651) 464-4601 — Approved for publication.