Minnesota

At a Glance

Filing Requirements

In Minnesota, a death must be registered with the state registrar of vital statistics within five days after the death and before the body is buried or cremated. The funeral director or another person in charge of the body is responsible for completing and filing the death certificate. Medical professionals provide the cause of death information.

• -**Who Files:** The mortician, funeral director, or other person lawfully in charge of final disposition (Minn. Stat. § 149A.90).
• -**When to File:** Within five days of death and before burial or cremation (Minn. Stat. § 144.221).
• -**Medical Information:** Provided by a physician present at death, a treating physician or associate, a physician with direct knowledge and access to the medical record, or the coroner or medical examiner (Minnesota Rules 4601.1800).

Obtaining a Death Certificate

Certified copies of death certificates can be obtained from the Minnesota Department of Health or any Minnesota county vital records office. The cost for a certified copy is $13, with additional fees for online orders. All Minnesota death records are public, meaning anyone can purchase a noncertified (informational only) record.

• -**Cost:** $13 for a certified copy, a $9 fee plus a $4 surcharge (Minn. Stat. § 144.226), with additional convenience fees for online orders.
• -**Eligibility:** Certified copies can be ordered by the deceased's spouse, child, parent, grandparent, grandchild, sibling, legal custodian, guardian, conservator, health care agent, personal representative, trustee, successor, or anyone who can prove the record is needed to protect a personal or property right (Minn. Stat. § 144.225, subd. 7).
• -**Public Records:** All Minnesota death records are public, allowing anyone to obtain a noncertified informational copy.

How do I get a death certificate in Minnesota?

Order certified copies from Minnesota's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

How much does a death certificate cost in Minnesota?

$13 per certified copy in Minnesota, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When Probate is Necessary

Probate is the legal process of settling an estate in court after someone dies. In Minnesota, probate is generally required if the decedent's personal property exceeds $75,000 or if they owned real estate solely in their name. Probate proceedings must typically be initiated within three years of the decedent's death.

• -**Threshold:** Required if personal property exceeds $75,000 or if real estate is owned in the decedent's name alone (Minn. Stat. § 524.3-1201).
• -**Time Limit:** Generally must be initiated within three years after the decedent's death (Minn. Stat. § 524.3-108).

Small Estate Affidavit

For estates valued at $75,000 or less, heirs may be able to collect personal property without formal probate by using an Affidavit for Collection of Personal Property. This affidavit can be used 30 days after the decedent's death and must be sworn, signed before a notary public or other officer authorized to administer oaths.

• -**Eligibility:** Estates with personal property valued at $75,000 or less (Minn. Stat. § 524.3-1201).
• -**Waiting Period:** Must wait 30 days after the decedent's death (Minn. Stat. § 524.3-1201).
• -**Procedure:** The successor presents a certified death record and the sworn affidavit, signed before a notary public or other officer authorized to administer oaths.

Types of Probate

Minnesota probate proceedings can be either informal or formal. Informal probate is initiated by filing an application with the probate court, and if complete, a personal representative is appointed to administer the estate without court supervision. Formal probate typically involves more complex estates where a judge is needed to make determinations and is commenced by filing a petition with the court.

• -**Informal Probate:** Initiated by application; personal representative administers estate without court supervision.
• -**Formal Probate:** Involves complex estates requiring judicial determination; initiated by petition and court hearing.

How long does probate take in Minnesota?

A straightforward Minnesota probate typically runs 3 years, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Minnesota?

$75,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Minnesota?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Minnesota allow transfer-on-death deeds?

Yes. Minnesota authorizes the transfer on death deed under Minn. Stat. § 507.071. Record it while you’re alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Minnesota's TOD deed must be recorded before the owner's death, and beneficiaries later record a clearance certificate confirming no medical-assistance claim before selling.

Source: Minn. Stat. § 507.071 ↗

Time off work after a death in Minnesota

Minnesota is one of nine states that require a private employer to give bereavement leave. The limits matter as much as the entitlement.

Who it covers. Every employer with one or more employees in Minnesota. No size threshold. Any employee the employer anticipates will work at least 80 hours in a year in Minnesota (sec. 181.9445), including part-time and temporary workers. Hours are usable as accrued, so there is no separate tenure hurdle.

How much. No separate bereavement bank. The employee draws accrued earned sick and safe time: 1 hour per 30 hours worked, at least 48 hours accrued per year, which is about 6 days for a full-time worker.

Paid or unpaid. Paid, at the same base rate the employee earns from employment.

Minnesota's bereavement right rides on the sick and safe time bank, so no time is reserved for a death. Someone who spent the year's hours on flu and doctor visits has nothing left for a funeral, and the employer only owes the hours actually accrued. The covered uses are wider than the service itself: making arrangements, attending the funeral or memorial, and handling financial or legal matters that come up after the death, which covers bank and probate errands. "Family member" in sec. 181.9445 reaches past the household to grandparents, siblings, in-laws, nieces and nephews, anyone related by blood or whose close association with the employee is the equivalent of a family relationship, plus one additional person the employee designates each year. The statute doesn't name pregnancy loss or stillbirth. Minneapolis, St. Paul, Duluth and Bloomington have their own sick and safe time ordinances that predate the state law; this research didn't check whether their permitted uses include a death in the family, so an employee in those cities should compare the city rule against the state one.

Source: Minn. Stat. sec. 181.9447, subd. 1(1)(iv) (earned sick and safe time, eligible use); definitions at sec. 181.9445; accrual at sec. 181.9446 ↗

Can I leave money to care for my pet in Minnesota?

Yes. Minnesota enforces pet trusts under Minn. Stat. § 501C.0408, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one, and Minnesota adds an outer limit of 90 years that no pet trust can run past. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about your animal can also ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if it holds more than your animal's care requires. Whatever is left at the end, or whatever the judge calls excess, goes where your trust says it goes; if your trust says nothing, Minnesota hands it to your legal heirs as though you'd died without a will here on the day it's paid out. Write into the trust who gets the money left over when your animal is gone. Minnesota's fallback sends it to your legal heirs rather than to the person or the rescue you'd have chosen, and one sentence avoids that. Name a caretaker and a backup too; Minnesota won't pick them for you.

Source: Minn. Stat. § 501C.0408 ↗

How to set one up, and what it costs →

Die without a will in Minnesota and this law picks your heirs.

If you die intestate (without a valid will) in Minnesota, Minn. Stat. §§ 524.2-101 to 524.2-123 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted doesn't matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• -Spouse only (no descendants or parents): the entire estate
• -Spouse + parents (no descendants): the entire estate, parents get nothing
• -Spouse + joint descendants: the entire estate
• -Spouse + blended family: first $225,000 plus 1/2 of the balance
• -Source: Minn. Stat. §§ 524.2-101 to 524.2-123

Children's shares.

The descendants take everything by representation: equal shares at the closest surviving generation, with a dead child's share passing down.

No spouse, no children: the line of succession.

With no spouse or descendants, the estate goes to parents, then to parents' descendants, then half to each of the paternal and maternal grandparents' lines, then to the next of kin in equal degree, and with no kin it passes to the state (§ 524.2-105).

At a Glance

What is a Health Care Directive?

A health care directive, also known as an advance directive, is a legal document that allows an individual to communicate their health care wishes and appoint a health care agent to make decisions on their behalf if they become unable to do so. Anyone 18 or older can create one.

• -**Purpose:** Guides health care decisions when an individual can't communicate their wishes (Minn. Stat. § 145C.02).
• -**Agent Appointment:** Allows naming a trusted person (agent) to make health care decisions (Minn. Stat. § 145C.02).

Requirements for Validity

To be legally valid in Minnesota, a health care directive must be in writing, dated, and signed by the individual (or someone authorized to sign for them) when they're capable of understanding and communicating their wishes. The signature must be verified by a notary public or two witnesses.

• -**Format:** Must be in writing and dated (Minn. Stat. § 145C.03).
• -**Signature:** Signed by the individual (or authorized person) when capable (Minn. Stat. § 145C.03).
• -**Verification:** Signature verified by a notary public or two witnesses (Minn. Stat. § 145C.03).

Content and Scope

A health care directive can include specific instructions about desired medical treatments, values, preferences, and end-of-life care. It can also specify preferences regarding mental health treatments and organ donation. The directive becomes effective when a health care provider determines the individual can no longer make health care decisions for themselves.

• -**Instructions:** Can include types of medical treatment desired or not desired, goals, values, and preferences, plus mental health treatment declarations and anatomical gifts (Minn. Stat. § 145C.05).
• -**Effectiveness:** Becomes effective when a health care provider determines the individual is unable to make decisions (Minn. Stat. § 145C.06).

Where do I get Minnesota's advance directive form?

Start with Minn. Stat. ch. 145C · MN Dept. of Health Advance Care Planning, linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

Does Minnesota require a notary or witnesses for an advance directive?

Minnesota requires notarization and 2 adult witnesses, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation Regulations

In Minnesota, a license from the commissioner of health is required to cremate a dead human body. Written authorization from the person with the legal right to control disposition is mandatory before cremation can occur. This authorization must include details such as the deceased's name, date of death, and directions for the disposition of cremated remains.

• -**License:** A license from the commissioner of health is required for cremation (Minn. Stat. § 149A.95, subd. 1).
• -**Authorization:** Written authorization from the person with legal right to control disposition is required (Minn. Stat. § 149A.95, subd. 4).
• -**Identification:** Crematories must maintain identification procedures to ensure proper body cremation and return of remains (Minn. Stat. § 149A.95, subd. 8).

Embalming and Casket Requirements

Embalming is never the only option in Minnesota. A body must be embalmed, refrigerated, or packed in dry ice if it will be transported by public transportation, if final disposition won't happen within 72 hours, if it will be publicly viewed by people outside the family, or if the commissioner of health orders it to control infectious disease. No state law requires a casket for burial or cremation, but cemeteries may have their own rules. Under the Federal Trade Commission's Funeral Rule, funeral homes must tell consumers that alternative containers can be used for cremation.

• -**Embalming:** Not required on its own; embalming, refrigeration, or dry ice is required for public transportation, disposition delayed past 72 hours, public viewing, or a commissioner of health order (Minn. Stat. § 149A.91, subd. 3).
• -**Caskets:** Not legally required for burial or cremation; a crematory can accept a body in a cremation container or wrapped in an impermeable sheet or pouch on a rigid tray (Minn. Stat. § 149A.95, subd. 6). Cemetery rules may still apply.

Scattering Ashes

Minnesota state laws don't control where ashes may be kept or scattered. Ashes can be stored in a crypt, niche, or grave, or scattered on private property with the landowner's permission. For public land, check the rules of the agency that manages it. The one statutory limit: cremated remains may not be scattered where they commingle with another person's remains without written permission (Minn. Stat. § 149A.95, subd. 16).

• -**No State Control:** No state laws govern where ashes can be kept or scattered.
• -**Private Property:** Permitted with the landowner's permission.

Who decides what happens to the body in Minnesota

Minnesota sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. designated agent (person or persons appointed in a dated written instrument signed by the decedent, expressly including a health care directive under Minn. Stat. ch. 145C)
2. spouse
3. adult child, or a majority of the adult children
4. surviving parent or parents, each with equal authority
5. adult sibling, or a majority of the adult siblings
6. adult grandchild, or a majority of the adult grandchildren
7. grandparent or grandparents, each with equal authority
8. adult nieces and nephews, or a majority of them
9. guardian(s) of the person with health care decision authority at the time of death
10. an adult who exhibited special care and concern for the decedent
11. next degree of kinship in the order named by law to inherit the estate
12. appropriate public or court authority (county board of the county where death occurred if the person died without apparent financial means, or the district court in that county)

Naming someone in advance. A dated written instrument signed by the decedent, § 149A.80, subd. 2(1). The statute names the Minnesota health care directive under ch. 145C as one qualifying instrument, but the instrument is not limited to that: any dated, signed writing works, and a witnessed or notarized one beats an unwitnessed one if two exist. A power of attorney does not qualify, because it terminates at death under §§ 523.08 and 523.09. Separately, subd. 1 lets a person direct the preparation, type, and place of disposition by written instructions that are dated, signed, and witnessed, and those directions bind whoever holds the right, to the extent the decedent left resources to carry them out.

When the same tier disagrees. Subd. 5: parties in dispute, or the mortician or funeral director, may petition the district court in the county of the decedent's residence. Where the right falls to several people of the same degree and they cannot decide by majority vote, the court weighs four factors: the reasonableness, practicality, and resources available for payment; the degree of personal relationship between the decedent and each person; the decedent's expressed wishes and the resources the decedent left to carry them out; and the degree to which the arrangements let everyone who wishes to pay respects take part.

Estrangement can knock a person out, but only in a narrow case: subd. 3 applies where a single person occupies the tier and a district court finds that person and the decedent were estranged at the time of death, defined as mutual enmity, hostility, or indifference. Cost falls on the estate and its distributees under subd. 8, on the county under § 261.035 where the decedent had no apparent means, and holding a body for a debt or refusing to release it on proper authorization is a misdemeanor under subd. 9.

Source: Minn. Stat. § 149A.80, subds. 1-9 (2025) ↗

If you can't afford the funeral in Minnesota

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. County burial assistance (statute title: "Cremation, burial, and funerals at expense of county"). Minnesota runs nothing statewide. Every county administers its own program under Minn. Stat. 261.035, so a family calls the human services or financial assistance office of the county where the person died or lived; the county names it "burial assistance," "county burial," or "funeral funds." The county board, through county human services (example read: Hennepin County Human Services, burial@hennepin.us, 612-348-7984). Legal duty sits with the county board under Minn. Stat. 261.035.

What it pays. The statute names no figure. Hennepin County publishes: "All assets must be applied to the county maximum payment of $3,000. Total costs of burial/cremation must not exceed $5,000." Other counties set their own amounts, so the figure changes county to county.

What disqualifies you. Minn. Stat. 261.035: the county acts "When a person dies in any county without apparent means to provide for that person's funeral or final disposition," and pays "If it is determined that the person did not leave sufficient means to defray the necessary expenses of a funeral and final disposition, nor any spouse of sufficient ability to procure the burial." The county board must first investigate whether the person had prepaid funeral arrangements, and if so must implement them per the decedent's instructions. Hennepin adds that all of the decedent's assets go toward the county maximum, and total cost can't exceed $5,000.

The official page ↗

2. If the death was caused by a crime. "Funeral services/burial - $7,500 cap"; "Transportation and lodging to attend funeral - $1,000 cap (included in the $7,500 cap)"; "Headstone/marker - $1,000 cap (not included in $7,500 cap)". Also for family of a deceased victim: "Loss of support for dependents (spouse and children under 18) - $400/month per dependent." Minnesota Rules 3050.3750 confirms the board resets the funeral maximum each fiscal year: "Within 30 days of the beginning of each fiscal year, the board shall determine the maximum amount allowable for funeral, burial, or cremation." The official brochure states the overall claim maximum is $50,000 per victim.

Minnesota crime victim compensation ↗

3. Money the person was already owed. Search Minnesota's unclaimed property before you borrow anything. Searching and claiming are free.

Minnesota unclaimed property ↗

The clock is 14 days in Hennepin County: "Applications must be submitted within 14 days of the date of death; the county will not reimburse payments already made." Pay the funeral home first and the county pays nothing. The statute also defaults to cremation: the county board "shall pay for cremation of the person's remains" unless cremation conflicts with the decedent's personal preferences or the known practices of their faith tradition, or the preferences of a spouse or next of kin. The program was renamed the Minnesota Crime Victims Reimbursement Program in 2023 (formerly Reparations), so older references use the old name.

At a Glance

Minnesota Estate Tax Threshold

Minnesota imposes an estate tax on the assets of a decedent's estate. For 2026, the estate tax applies to estates valued at more than $3 million. The executor or personal representative is responsible for filing and paying this tax.

• -**Exemption:** $3 million for 2026 (Minn. Stat. § 291.016).
• -**Responsibility:** Executor or personal representative is responsible for filing and paying (Minnesota Department of Revenue).

Tax Rates

The Minnesota estate tax rate ranges from 13% to 16%. The top rate of 16% applies to the amount of the taxable estate over $10.1 million. Taxable gifts made within three years of death are added to the taxable estate.

• -**Rates:** Range from 13% to 16% (Minn. Stat. § 291.03).
• -**Top Rate:** 16% for taxable estates over $10.1 million (Minn. Stat. § 291.03).
• -**Taxable Gifts:** Taxable gifts made within three years of death are added to the taxable estate (Minn. Stat. § 291.016, subd. 2).

No Inheritance Tax

Minnesota doesn't have an inheritance tax. The state only imposes an estate tax, which is levied on the total value of the decedent's estate before distribution to beneficiaries, rather than on the inheritance received by individuals.

• -**Inheritance Tax:** Minnesota doesn't impose an inheritance tax (Minnesota Department of Revenue).

Does Minnesota have an estate tax?

Yes. Minnesota levies its own estate tax, with a state exemption of $3 million and rates of 13%-16%. The federal estate tax can also apply, but only to estates over $15 million per person (2026).

Does Minnesota have an inheritance tax?

No. Minnesota doesn’t tax inheritances. Heirs owe no state tax on what they receive, though the estate itself can owe state estate tax before anything is distributed.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Uniform Anatomical Gift Act (UAGA)

Minnesota has adopted the Revised Uniform Anatomical Gift Act as the Darlene Luther Revised Uniform Anatomical Gift Act, which governs the donation of organs, eyes, and tissues. An anatomical gift is defined as a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education.

• -**Definition:** Donation of all or part of a human body after death for transplantation, therapy, research, or education (Minn. Stat. § 525A.02).
• -**Governing Law:** Minn. Stat. ch. 525A, the Darlene Luther Revised Uniform Anatomical Gift Act.

Who Can Authorize a Gift

Under Minnesota law, an anatomical gift can be made during the donor's life by an adult; by a minor who is emancipated or old enough to apply for a driver's license (at least 16); by the donor's health care agent, unless the health care directive forbids it; by a parent of an unemancipated minor; or by the donor's guardian. The gift can be made through a donor designation on a driver's license or ID card, in a will, by a signed donor card or other record, through the donor registry, or, during a terminal illness or injury, by communicating the decision to at least two adults, at least one of whom is a disinterested witness.

• -**Eligible Donors:** Adults; minors who are emancipated or at least 16; health care agents; parents of unemancipated minors; guardians (Minn. Stat. § 525A.04).
• -**Methods of Authorization:** Driver's license or ID designation, will, signed donor card or record, donor registry, or terminal-illness communication to at least two adults, at least one a disinterested witness (Minn. Stat. § 525A.05).

Scope of Donation

A donor may designate a named individual to receive a specific part. Otherwise the gift passes by law to the appropriate recipient: organs to the organ procurement organization, tissue to the appropriate tissue bank, eyes to the appropriate eye bank. A general designation such as "donor" with no other instructions may be used only for transplantation or therapy.

• -**Default Recipients:** Organs pass to the organ procurement organization, tissue to the appropriate tissue bank, eyes to the appropriate eye bank (Minn. Stat. § 525A.11).
• -**Specific Recipient:** The donor may designate a named individual to receive a part (Minn. Stat. § 525A.11).

Your family can't override an adult donor's decision.

A registered donor's decision is legally binding. Nobody else can make, amend, or revoke the gift after your death, and a gift made on your license, in a will, or in a health care directive and not revoked may not be overridden by any other person (Minn. Stat. § 525A.08(a)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (Minn. Stat. § 525A.08(g)). Organ procurement organizations still consult families in practice, so tell yours what you decided.

Source: Minn. Stat. § 525A.08 (preclusive effect of anatomical gift, amendment, or revocation) ↗