Executor Duties in Minnesota

Notice to creditors is published once a week for two successive weeks after appointment, and creditors must present claims within four months after the notice; within three months after first publication, the personal representative must serve the notice on known creditors. The inventory is due within six months after appointment or nine months after death, whichever is later, and a copy goes to the surviving spouse, residuary distributees and anyone who requests it. An unsupervised estate may be closed by a sworn closing statement filed no earlier than four months after appointment, after all claims, expenses and taxes are handled, the estate is distributed, and an account is given to distributees.

The personal representative is appointed by the district court (probate) in formal proceedings or by the registrar in informal proceedings. Before receiving letters, the representative qualifies by filing any required bond and an oath of office (a corporate representative files a statement of acceptance). Letters of appointment remain in force until one year after a closing statement is filed.

Creditors must present claims within 4 months after the first publication of the notice to creditors (for creditors served directly, the later of 4 months after publication or 1 month after service). Claims not presented are barred 1 year after death, with exceptions for certain state and county medical assistance claims.