How probate costs work in Minnesota
Probate in Minnesota runs through the District Court in the county where the person lived — Hennepin (Minneapolis), Ramsey (St. Paul), Dakota, Anoka, Washington and the state's 87 counties. Minnesota follows the Uniform Probate Code and offers informal probate (via a court registrar, no hearing) and formal probate (before a judge), plus an out-of-court small estate affidavit. Most uncontested estates use the low-cost informal, unsupervised track.
Minnesota's administration costs are moderate — but like Washington and Maryland, it has a state estate tax with a low exemption, so a large estate faces two layers of cost.
1. Personal representative fee — reasonable, no %
On a $500,000 estate, 2.5% is $12,500. Family members who are also heirs often waive the fee, since it is taxable income while an inheritance is not.
2. Attorney fees — just and reasonable
Under Minn. Stat. § 525.515, the attorney's fee must be "just and reasonable," and the value of the estate is not the controlling factor. Fees are typically hourly ($250–$450) or a flat fee; a routine informal estate is moderate, contested estates far higher.
3. Court filing fee — about $310
4. Minnesota estate tax — the big one for large estates
Because the state exemption ($3M) is far below the federal one ($15M in 2026), a middle-to-large Minnesota estate can owe state estate tax while owing no federal tax. Minnesota has no inheritance tax, but pulls back gifts made within 3 years of death.
5. When probate can be skipped in Minnesota
- Affidavit for Collection of Personal Property — for a probate estate of $75,000 or less, 30 days after death (Minn. Stat. § 524.3-1201). No court filing; personal property only.
- Summary assignment — for a gross estate of $150,000 or less (excluding exempt homestead and property).
A revocable living trust, TOD deed (Minnesota authorizes them), joint tenancy, or POD/TOD accounts avoid probate — but do not avoid the estate tax.
| Cost component | Minnesota figure | Source |
|---|---|---|
| Personal representative fee | Reasonable (no statutory %); ~2.2–3.8% | § 524.3-719 |
| Attorney fee | Just & reasonable; estate value not controlling | § 525.515 |
| Court filing fee | ~$310 (+ county law library fee) | § 357.021 |
| Small estate limit | $75,000 (personal property) | § 524.3-1201 |
| State estate tax | Above $3M exemption; 13–16% | § 291.03 |
| State inheritance tax | None | MN DOR |