Skip to main content

Hennepin Probate / Mental Health Court

Probate Court handles cases involving the property of deceased persons, wills, trusts, guardianships and conservatorships.

Mental Health Court handles the legal process involving the civil commitment of people to treatment centers based on allegations of mental illness, developmental disability, chemical dependency, and referrals from Criminal Court.

Wills

Deposit of Wills with the Court During Testator’s Lifetime ("safekeeping" purpose):

Pursuant to Minn. Stat. § 524.2-515, a testator or his agent may deposit the testator’s will with any court for safekeeping. This is similar to placing the will in a safe deposit box at a bank. The statute provides the following safeguards:
  • the will must be sealed;
  • the will must be kept confidential;
  • once deposited with court, the original will may only be delivered to the testator or a person authorized in writing signed by the testator to receive the will;
  • a conservator or guardian may be allowed to examine the will of a protected person under court procedures designed to maintain confidentiality;
  • upon receiving a certified death certificate for the testator, the court may deliver the will to the appropriate court.
Currently, there is a fee for depositing a will with the court. A testator may deposit a will, codicil(s) and separate writing(s) all for the same fee. If the documents are deposited separately, there will be separate fees.

If a testator dies while living in the county where the will is deposited, an "interested party" may get a copy of testator/decedent’s will by filing a Petition for Copy of Will for Safekeeping and a certified death certificate for the testator.
 

Deposit of Wills after Testator’s Death ("custodial" purpose):

The law in Minn. Stat. § 524.2-516 says that upon the “death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court.” If the custodian of a will does not deliver it to the court, the consequences could include:
  • the person who fails to deliver the will is liable to the aggrieved party for damages resulting from the failure;
  • the willful refusal after being ordered by a court in a proceeding to compel delivery of the will makes the person subject to the penalty for contempt of court.
Currently, there is no fee for depositing a will for custodial purposes.

Need Help?

Self-Help Centers

A Self-Help Center is a place where you can find helpful information, services and resources about your legal problem if you are not represented by a lawyer.

Self-Help Center Locations

Get Legal Help

Find a Lawyer

State Law Library

Room G25
Minnesota Judicial Center
25 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155

(651) 297-7651

mn.gov/law-library