Public Notice Detail

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Important Notice Regarding Searching for Wills

Posted: Tuesday, October 27, 2015

Wills deposited with the court during a testator’s lifetime under Minn. Stat. § 524.2-515 are confidential, while wills deposited with the court after a testator’s death under Minn. Stat. §§ 55.10 or 524.2-516 are public.  If you are searching for a will for a deceased person, you will need to seek the assistance of court staff to conduct a thorough search. In addition, Rule 4, subd. 1(i), of the Rules of Public Access to Records of the Judicial Branch, requires that you provide to the court proof of the testator’s death before the court can disclose the existence of a will that was deposited during the testator’s lifetime.  Providing proof of death will also conveniently provide the date of death for purposes of determining whether a will was deposited before or after the death.  Obtaining a copy of a will deposited before the testator’s death or transferring an original will to the appropriate court requires a court order.