How Long Does Probate Take in Minnesota?

Going through the probate process?

That can feel like a dark pathway of paperwork that never ends...

The American Bar Association puts the average probate process (from start to finish) at about six to nine months. In some cases it can last as long as two years. Other times, it can be much faster.

So how long will your probate take here in Minnesota? Here's a rough idea of how it goes, and some things that can speed it up or slow it down.

How probate usually goes in Minnesota

Every estate is different, but most Minnesota probates follow the same basic steps:

1. Opening the case. Somebody (usually the person named in the will) files with the district court in the county where your loved one lived. In Minnesota you have to wait at least 5 days (120 hours) after the death before you can open an informal probate.
2. Getting appointed. The court appoints the personal representative and issues their Letters. For an informal probate this can happen in a couple of weeks. If it has to go in front of a judge, it'll take longer.
3. Notice to creditors. A notice gets published in a legal newspaper. Creditors generally have 4 months from the first publication to make a claim. This is the big one... most estates can't be wrapped up until those 4 months are over.
4. Inventory, bills and taxes. While that clock is running, the personal representative is tracking down assets, paying bills, and filing final tax returns.
5. Paying out and closing. Once the debts are paid, what's left goes to the heirs and the estate gets closed.

Put that together and a simple Minnesota estate usually takes somewhere around 6 to 12 months. A messy one can take a lot longer.

What can make probate take longer?

Here are some factors to keep in mind...

Size and complexity of the estate. If the estate is small, with only a few assets and a few heirs, it'll probably go pretty quick. If there's a lot of property, a business, or a bunch of beneficiaries, expect it to take longer.

No will (or a will nobody can find). When there's a clear will, there's less for the court to figure out. Without one, Minnesota law decides who gets what, and tracking down all the heirs can take time.

Family disagreements. If someone contests the will or the heirs can't agree on what to do with the house, the case can end up in formal probate in front of a judge. That's where things can stretch out to a year or two.

Property in another state. If your loved one owned a cabin in Wisconsin, for example, that property may need its own probate over there.

The house itself. A house full of 40 years of belongings, needing repairs, sitting vacant through a Minnesota winter... all of that takes time and money to deal with.

Is there a deadline?

Minnesota doesn't make you wrap up probate within a set amount of time, but there is a deadline to get started. In most cases a probate needs to be opened within 3 years of the death. If you've been putting it off, don't wait too long.

What about the house while you wait?

Here's the thing a lot of families don't think about. The whole time the estate is open, the house keeps costing money. Property taxes, insurance, utilities, keeping the heat on, mowing the lawn, shoveling the snow. If there's a mortgage, those payments keep coming too.

The good news is that you usually don't have to wait until the very end to sell. Once the personal representative has been appointed and has their Letters, they can generally sell the house while the estate is still open. The money from the sale just goes into the estate.

If you'd rather not deal with cleaning out the house, making repairs and waiting months for a buyer, selling it as-is to a cash buyer can take a lot of the stress off. At Trademark Properties we buy houses in probate all over the Twin Cities. No repairs, no commissions, and you pick the closing date.

The best way to get an accurate estimate for your situation is to talk with a Minnesota probate attorney. We're not attorneys and this isn't legal advice.

But if you have questions about the house, we're happy to help! Give us a call at Call us or fill out the form. There's never any obligation.