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    Minnesota guide

    What to do when someone dies in Minnesota

    Minnesota has an estate tax for estates over $3 million, and one of the more comprehensive state retirement systems in the country. MSRS, PERA, and TRA each have their own survivor benefit processes. Probate runs through District Court.

    Content updated: July 2026

    What's unique in Minnesota

    State-specific rules that affect how an estate is handled here.

    Minnesota estate tax at $3 million

    Minnesota has its own estate tax that applies to estates over $3 million — lower than the federal threshold. The tax is progressive. If the estate is near or above this amount, consult a Minnesota estate attorney.

    District Court probate

    Minnesota probate runs through District Court in the county where the deceased lived. A small estate affidavit is available for estates under $75,000 in personal property.

    Elective share rights

    A surviving spouse in Minnesota has elective share rights to a portion of the augmented estate. The share increases with the length of the marriage.

    MSRS, PERA, and TRA pensions

    Minnesota has multiple public pension systems: MSRS (state), PERA (local), and TRA (teachers). Identifying which system the deceased belonged to is the first step in claiming survivor benefits. Note: Minnesota also taxes Social Security income for most income levels — a surviving spouse receiving SSA survivor benefits should factor this into their state tax filing.

    Recomposition is a legal disposition option

    Minnesota law allows natural organic reduction (recomposition), which converts remains into nutrient-rich soil over several weeks. Families can choose it as an alternative to burial or cremation. Contact a licensed provider to learn about the process, costs, and logistics.

    A glimpse at what Order covers in Minnesota

    These are just a few of the Minnesota-specific tasks Order surfaces automatically when you select your state.

    File for Minnesota probate in District CourtLegal & Estate

    Small estate affidavit for personal property under $75,000 — real property requires formal District Court probate. A single dispute can automatically convert informal probate into full formal proceedings.

    Review Minnesota estate tax obligationsFinancial Affairs

    Minnesota estate tax applies to estates over $3 million — one of the lower thresholds in the country. File a separate MN estate tax return with the Department of Revenue; it is distinct from the federal return.

    Claim Minnesota public pension survivor benefits (MSRS, PERA, or TRA)Financial Affairs

    Minnesota has three major public pension systems: MSRS (state), PERA (local government), and TRA (teachers). Identify which the deceased belonged to — each has its own survivor claim process and deadlines.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    Official resources for Minnesota

    Minnesota Courts (probate forms)Find probate forms and file in the correct District CourtMinnesota Dept. of RevenueFile the state estate tax return and final state income tax returnMinnesota DVS (vehicle titles)Transfer vehicle titles to heirs through Driver and Vehicle ServicesMinnesota State Retirement System (MSRS)Notify the pension and confirm what survivor benefit, if any, continuesMinnesota Dept. of Military Affairs (veterans)Apply for the Special Homestead Classification for surviving spouses of veterans rated 70%+ disabled and burial eligibility at Minnesota State Veterans Cemetery in Little Falls

    What families commonly miss in Minnesota

    • Many Minnesota families assume that if no federal estate tax applies, they owe nothing at the state level — but Minnesota has its own estate tax with a lower threshold, and the state return must be filed separately with the Department of Revenue.
    • Families often assume Minnesota public pension assets will come through the estate — but MSRS, PERA, and TRA benefits pass directly to the named beneficiary outside probate, and the survivor election made at retirement was irrevocable, so if the member chose a single-life option, payments stop at death.
    • Families who start the informal probate process in Minnesota often don't realize that a single heir dispute or challenge to the will automatically requires formal proceedings with a judge — and by the time they find out, they may have already missed key deadlines.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Minnesota.

    Military families in Minnesota

    Minnesota has additional veteran & survivor benefits

    • Apply for Minnesota Special Homestead Classification (surviving spouse of disabled veteran)
    • Contact Minnesota State Veterans Cemetery

    Minnesota-specific

    Start these Minnesota-specific tasks in Order

    These tasks appear automatically in your checklist when you select Minnesota as your state.

    File for Minnesota probate in District CourtLegal & Estate

    File in District Court.

    Review Minnesota elective share and homestead rightsLegal & Estate

    Surviving spouse entitled to elective share and homestead exemption

    Transfer vehicle at Minnesota DVSLegal & Estate

    Submit title transfer to Driver and Vehicle Services

    Plus dozens more tasks added automatically for Minnesota families.

    Order walks your family through every step, for Minnesota and beyond.

    One-time purchase. Lifetime access. Unlimited family members. Everything your family needs, organized in one place.

    Covers all 50 states + DC · Jurisdiction-specific tasks added automatically

    See guides for other states

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