To get a copy of a will in Minnesota, search Minnesota Court Records Online (MCRO) for the probate case in the county where the person died, then view or download the will for free. If you need an official version for a bank, title company, or another court, request a certified copy from that district court for $14 per document.
Is the Will Actually Public?
Only wills that have entered a probate proceeding are open to the public. Once a will is admitted to probate, it becomes part of the district court case file and anyone can request a copy.
A will that was deposited with a court for safekeeping during the person’s lifetime is a different matter. Minnesota law keeps deposited wills confidential, and the court may deliver one only to the testator or someone the testator authorized in writing.1Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 524.2-515 – Deposit of Will With Court in Testator’s Lifetime The existence of a deposited will cannot even be disclosed publicly until proof of death is provided.2Minnesota Office of the Revisor of Statutes. Rule 4 – Accessibility to Case Records
If someone you know is holding a will and refusing to produce it after the person has died, Minnesota law obligates the custodian to deliver it to the appropriate court with reasonable promptness once an interested person asks. Willfully refusing exposes the custodian to liability for damages and possible contempt penalties.3Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 524.2-516 – Duty of Custodian of Will; Liability
Find the Case on Minnesota Court Records Online
Probate cases are filed in the district court of the county where the person lived at the time of death. If the person was not a Minnesota resident but owned property in the state, the case may be filed in any county where that property sits.4Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 524.3-201 – Venue for First and Subsequent Estate Proceedings; Location of Property
You do not need to guess the county. Minnesota Court Records Online runs a statewide search across every district court. Set the court location to “Statewide,” choose “Probate or Mental Health” as the case category, and enter the decedent’s name.5Minnesota Judicial Branch. Case Search – Minnesota Court Records Online (MCRO) The results show the county, the case number, and the current status.
Click into the case to see the register of actions and any public documents. If the will has been scanned into the file, you can view and download it at no cost. Minnesota law prohibits any fee for viewing or downloading a publicly available document, or for an uncertified copy.6Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 357.021 – Court Administrator of District Court; Fees You’ll need a PDF viewer to open downloaded files.7Minnesota Judicial Branch. Minnesota Court Records Online (MCRO)
Not everything in a probate file is online. Some documents are restricted from remote access and can only be viewed at a public access terminal inside the courthouse. If the will you’re looking for doesn’t appear in the online results, the physical file may still contain it, and you’ll need to request the copy directly from the court.
Copy Types and What They Cost
Minnesota courts issue three kinds of copies, and the right one depends on what you’re doing with it.
An uncertified, or plain, copy is just a photocopy. It’s free when downloaded through MCRO and free when you ask the court for one. Fine for reading, but most banks, title companies, and courts will not accept it for legal purposes.6Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 357.021 – Court Administrator of District Court; Fees
A certified copy carries the court seal proving the document is an authentic court record. It costs $14 per document and is what you’ll need for transferring real estate, updating financial accounts, or filing in another jurisdiction.8Minnesota Judicial Branch. Copy Requests
An exemplified copy adds signatures from both the judicial officer and the court administrator verifying the document’s validity. It costs $14, or $28 if you need it both exemplified and certified. Some out-of-state courts and foreign jurisdictions require this level of authentication.8Minnesota Judicial Branch. Copy Requests
Requesting the Copy From the Court
You have three ways to get a copy from the county court that holds the file.
By mail. Fill out the statewide copy request form on the Minnesota Judicial Branch website under Copy Request Forms.9Minnesota Judicial Branch. Ways to Request Copies Some counties post their own version. If neither is available, a letter identifying the case number, the specific documents, and the type of copy will do. Mail it to court administration in the county where the case sits. Include a check or money order payable to “District Court Administration.” No cash. A self-addressed stamped envelope helps get the copies back quickly.
Electronically. The same copy request form can be submitted through Minnesota’s eFile and eServe system, which skips postage entirely.9Minnesota Judicial Branch. Ways to Request Copies
In person. Go to the court administration counter in the county holding the case and ask the clerk to pull the file. Uncertified copies are usually printed while you wait. Certified copies can take longer if the authorized official who applies the seal isn’t there. A courthouse visit is also the only way to see records restricted from online viewing, since the public access terminals inside the building sometimes display documents MCRO does not.
If You Can’t Find a Probate Case
If MCRO shows no probate case, the will may not be in the court system at all. A few possibilities are worth checking before you assume the will is lost.
The Will Was Deposited for Safekeeping
After the testator dies, an interested party can request access to a deposited will by filing a written request with a certified death certificate. Use the “Request for Access to Confidential or Sealed Record” form, not the standard copy request form. Your request must explain your relationship to the testator and why you want a copy.10Minnesota Judicial Branch. Frequently Asked Questions – Probate, Wills, and Estates The court decides whether you qualify as an interested party before releasing anything. Start with the district court in the county where the person lived.
The Estate Was Too Small for Probate
If the probate estate totals $75,000 or less after subtracting debts, a successor can collect the decedent’s personal property using a small estate affidavit instead of opening a probate case. The affidavit process requires waiting at least 30 days after death and confirms that no one has applied to be personal representative.11Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 524.3-1201 – Collection of Personal Property by Affidavit When an estate is handled this way, the will may never be filed with any court, and no public record will exist. Contact family members directly, or check whether the will was deposited with a court.
The Will May Be in a Safe Deposit Box
Minnesota law lets an interested person ask a safe deposit company to open a deceased sole lessee’s or last surviving co-lessee’s box for the specific purpose of searching for a will. You’ll need proof of death and a signed affidavit stating that you believe the box may contain a will and that you are an interested person, meaning an heir, someone named in a purported will, or someone named as personal representative.12Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 55.10 – Liability; Exemptions If a will is found, the company must copy it for the box and deliver the original to the clerk of court in the county where the lessee lived. Nothing else may be removed during a will search.
The Will Is Decades Old
The Minnesota Historical Society holds county-level probate files going back well before MCRO existed, including will books from most Minnesota counties generally covering records from before 1982. Early twentieth-century case files have been microfilmed, and pre-1920 records are the most complete. Search the Historical Society’s online library catalog using the county name plus “probate court.” You need to know where the person lived, since the collection is organized by county.