Legal Help, Resources & Frequently Asked Questions

Self-Help Center (Hennepin) – people representing themselves in the Hennepin courts can visit the Center to get help with court forms and procedures. The Center also hosts a free legal advice clinic staffed with volunteer attorneys.

MN Courts Self-Help Center (statewide) – staff can respond to questions by phone or email on court forms and procedures, and give referrals for legal advice.

Help Topics on the MN Courts website include information on guardianship, conservatorship, probate, estates, and more.

Hennepin County Law Library – open to the public

This is a manual published by the Minnesota Judicial Branch and written especially for non-lawyers. The manual only addresses guardianship and conservatorship of adults, but not minors. The law on guardianship and conservatorship is very complex. We encourage you to talk with a lawyer to get legal advice about your situation.

Hennepin Court Forms
MN Court Forms (statewide)

4th District (Hennepin) Court Fees »

What is the filing fee to open a case?
The filing fee is $322.00 for all Estates, Trusts, Guardianships and Conservatorships.

How much are certified copies of Letters?
Certified letters are $14.00 per copy of a document.

How much are certified copies?
Certified copies are $14.00 per copy of a document.

How much are plain copies?
There is no fee for plain copies of filed or un-filed documents and correspondence.

How much are exemplified copies?
Exemplified copies are $14.00 per copy of a document.

How much are certified copies of "sale papers" for property?
Estates: Sale papers consist of the Will, Order Admitting or Informal Statement, and Letters - $14.00 per copy of a document.

Guardianship / Conservatorships: Sale papers consist of the Order Directing Sale, Order Confirming Sale, and Letters - $14.00 per copy of a document.

How and where can I get copies of court documents?
Please visit our Court Records Center.

How do I contact the court with scheduling concerns?
Call the Probate Scheduling Clerk at (612) 348-6000.

What is the difference between a guardian and a conservator?

A guardian is appointed to make the personal decisions for the person subject to guardianship. The guardian has authority to make decisions on behalf of the person subject to guardianship about such things as where to live, medical decisions, training and education, etc. A conservator is appointed to make financial decisions for the person subject to conservatorship. The conservator typically has the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the person subject to conservatorship.

Who is the person subject to guardianship or person subject to conservatorship?

A person subject to guardianship is a minor or incapacitated adult who has a court-appointed guardian, lacks sufficient understanding or capacity to make or communicate responsible personal decisions, and who has an inability to meet person needs for medical care, nutrition, clothing, shelter, or safety. A person subject to conservatorship is an individual who has had a conservator appointed for them because they lack similar capacity and have demonstrated an inability to make decisions regarding their financial affairs or estate.

What is a court visitor?

The Court Visitor (CV) is appointed by the Court to meet with the person subject to guardianship/conservatorship (PSG) and to provide them with a copy of the Notice and Petition. Court Visitors will provide the Court with information about the respondents appearance, ability to answer basic questions, respondents position on the petition and whether they want an attorney appointed. They will gather the respondent's views about the proposed guardian, the proposed guardian's powers and duties, and the scope and duration of the proposed guardianship. In addition to the CV’s duties, the CV shall make any other investigation the court directs. The CV files a report in writing with the court, making a recommendation regarding the appropriateness of guardianship, whether less restrictive means of intervention are available, the type of guardianship, and, if a limited guardianship, the powers to be granted to the limited guardian and a statement as to whether the respondent approves or disapproves of the proposed guardian

I have been appointed by the court to be a guardian and/or conservator. What do I do now?

The guardian or conservator is accountable to the court for decisions made on behalf of the person subject to guardianship or person subject to conservatorship. A guardian’s or conservator’s actions are subject to review and direction by the court.
Go to Annual Reporting Duties for Guardians
Go to Annual Reporting Duties for Conservators

What is my anniversary date (also known as reporting date)?
The anniversary date is the date the Letters of Guardianship or Letters of Conservatorship are filed.

What happens after the hearing?

The court may grant conservatorship or guardianship as requested in the petition, and then issue an Order stating that fact.
The court may decide that the person needs less assistance than what was requested in the petition and issue an Order granting more limited powers to the conservator or guardian.
The court may determine that the individual does not need a conservator or guardian and dismiss the petition.

Can a guardianship or conservatorship terminate?
Yes. A guardianship or conservatorship terminates upon the death of the person subject to guardianship or person subject to conservatorship; upon a determination of incapacity of the guardian or conservator; upon removal or resignation of the guardian or conservator; or upon restoration of capacity of the person subject to guardianship or person subject to conservatorship. You should talk with a lawyer to find out which specific forms to use in your situation and the procedures involved.

To terminate a guardianship or conservatorship, you should talk with a lawyer to find out which forms to use in your situation and the required procedures.

What if a guardianship or conservatorship was established in Hennepin County and the person subject to guardianship/conservatorship moves out of Hennepin County or Minnesota?
You should notify the court right away if the person subject to guardianship or person subject to conservatorship has moved out of Hennepin County’s jurisdiction. You should talk with a lawyer to find out which forms to use in your situation and the required procedures.

Learn more in the Guardianship Help Topic and Conservatorship Help Topic.

To get details on how to store a will at the Hennepin Court, click the Wills tab on this page.

What is Probate?

Probate is the action or process of:

proving the validity of the decedent's will,
determining heirs,
appointing a personal representative, and
handling conservatorships or guardianships of minor or incapacitated persons, all before a competent judicial body.

Do I need to go through Probate?

If the decedent owned real property, in his name alone, of any value on the date of death there will need to be some type of probate proceeding.

If the decedent owned personal property, in his name alone, in excess of $50,000 in total value on the date of death, there will need to be some type of probate proceeding.

What is a probate asset?

Real or personal property owned in the decedent’s name alone.

What is a non-probate asset?

Real or personal property owned by the decedent with a beneficiary designation or held in joint tenancy.

joint tenancy property – non-probate
payable on death “POD”– non-probate
transfer on death “TOD” – non-probate
in trust for – non-probate
named beneficiary – non-probate

If I am named in decedent’s will as personal representative, do I have the authority to act as personal representative?

No. The decedent has merely nominated a personal representative. The court has to "probate" the will; and the nominated personal representative, or an alternate, must qualify for appointment before the party can say they are personal representative of decedent’s estate.

What are “Letters”?

Letters mean either "Letters of General Administration" or "Letters Testamentary," which are the evidence that the personal representative gives to decedent’s asset holders and creditors to show that the personal representative has the authority to act on behalf of the decedent.

Have any claims been filed in an estate?

If you need assistance locating claims, please search court records in Minnesota Court Records Online (MCRO).

If there is an estate, what is the last day to file claims?

The claims period is a four month period that begins after the date of the court administrator's notice. See the law at Minn. Stat. § 524.3-801. All claims questions should be directed to (612) 348-6000.

Can I use a Power of Attorney rather than get appointed as a Personal Representative?

No. The powers granted under a Power of Attorney stop at the moment of the decedent’s death.

Avoiding Probate

Does having a will “avoid” probate?

No.

Do I want to avoid probate?

Not necessarily. You should consult with an attorney and disclose what your assets are, and to whom you wish to have those assets pass on to, upon your death. The attorney can offer you a variety of estate planning tools to achieve your goals such as: changing ownership on your assets, establishing a trust, arranging for a power of attorney, etc.

Is Probate expensive?

In Minnesota, each county court has a set filing fee to open a probate court file. At this time, the fee is $322.00 in Hennepin County. In addition, there will be a publication cost that is around $100.00. The cost of a certified copy of the “Letters” is $14.00.

Attorneys do not charge a percentage of the estate. Minnesota attorneys charge by the hour for probate work.

Wills

What is a will?

A will is a written declaration of how you want your property to pass to others on upon your death.

When does a will take effect?

A will needs to be probated by a court before it takes effect. Under Minnesota law, a will cannot be presented for probate until the decedent has been dead for 5 days.

Do I need a will?

If you do not have a will upon your death, then Minnesota has laws of “intestate succession” to determine where your property goes upon your death. If you have no problem with the way the statute would distribute your property, you do not have to have a will.

Intestate succession laws generally follow your blood line, spouse, children, grandchildren or a version thereof, if you have a blended family. If you choose to give some or all of your property to an entity, or to someone outside this natural flow, you should have a will to make your intentions clear.

In the event that you need to protect the interests of minors or someone with a disability, it may be imperative to have a will to provide for direction of your assets upon your death.

Can I informally probate a "copy" of a will?

No.

Attorneys

Do I need an attorney?

We recommend that you get legal advice from an attorney. The court and its staff need to remain neutral in all cases and we cannot give legal advice.

You can get a list of attorneys familiar with probate by contacting:

"Informal probate" is a proceeding where some people choose to handle their case without hiring an attorney (i.e., pro se). The Probate Registrars who handle the informal probate proceedings cannot give advice, help you complete forms, or transfer assets for you. If you need help with the forms or procedures, we encourage you to get advice from an attorney.

How do I find out when a Mental Health hearing is scheduled, who are the attorneys, and where do I go?
Contact the Calendar Clerk for Mental/Health at (612) 348-6000.

Who can file a petition?
Generally, petitions are submitted by a hospital administrator working with the County Attorney. On rare occasions, a family member of other concerned party may start the petition process.

What happens once a petition is submitted?
The petition and documents are forwarded to a Hennepin County pre-petition screening team, which investigates the situation. If the petition passes the pre-screening process and a review by the County Attorney, the matter may be set on the court calendar for hearing.

Can someone voluntarily commit himself/herself?
Yes. If the commitment process has started, you can discuss this option with your attorney. If there is no case filed in court, there are crisis centers and other resources that you may want to contact.

How long does a commitment last?
The length of an initial commitment is six months. After review by a judicial officer, the initial commitment can be extended up to an additional twelve months. However, if an individual is determined to be dangerous, the length of commitment is indeterminate.

Where do committed individuals go?
Most patients are committed to either a public or private hospital for treatment; the Anoka-Metro Regional Treatment Center serves as a back-up location. Patients determined to be dangerous may go to the Minnesota Security Hospital in St. Peter or Moose Lake.

What is a Jarvis hearing?
A hearing to determine if a person who has been civilly committed to a mental health facility should treated with neuroleptic (antipsychotic) medications without their consent.

Can someone be released from the care facility before their commitment expires?
The treatment center issues provisional discharges when it is determined that the committed person (respondent) can be released under certain guidelines. The respondent is required to follow the guidelines set down by the treatment facility or they will be returned to custody.

Can I expunge a civil commitment court record?
There are court forms to Expunge (Seal) a Civil Commitment Record. We strongly encourage you to get legal advice from a lawyer about this type of case.

Hennepin Probate / Mental Health Court

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