Subdivision 1. Original documents. (a) The court administrator of any county upon order of the judge exercising probate jurisdiction may destroy all the original documents in any probate proceeding of record in the office provided a Minnesota state archives commission approved photographic, photostatic, microphotographic, microfilmed, digitally imaged, electronic, or similarly reproduced copy of the original are on file in the office. After the file in the proceeding has been closed, only the following enumerated documents need to be retained:
(1) in estates, the jurisdictional petition and proof of publication of the notice of hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders directing and confirming sale, mortgage, lease, or for conveyance of real estate; order setting apart statutory selection; receipts for federal estate taxes and state estate taxes; orders of distribution and general protection; decrees of distribution; federal estate tax closing letter, consent to discharge by commissioner of revenue and order discharging representative; and any amendment of the listed documents. When an estate is deemed closed as provided in paragraph (b), the enumerated documents shall include all claims of creditors;
(2) in guardianships or conservatorships, the jurisdictional petition and order for hearing thereof with proof of service; letters; orders directing and confirming sale, mortgage, lease or for conveyance of real estate; order for restoration to capacity and order discharging guardian; and any amendment of the listed documents; and
(3) in mental, inebriety, and indigent matters, the jurisdictional petition; report of examination; warrant of commitment; notice of discharge from institution, or notice of death and order for restoration to capacity; and any amendment of the listed documents.
(b) Except for the enumerated documents described in this subdivision, the court administrator may destroy all other documents in any probate proceeding without retaining any reproduction of the document. For the purpose of this subdivision, a proceeding is deemed closed if no document has been filed in the proceeding for a period of 15 years, except in the cases of wills filed for safekeeping and those containing wills of decedents not adjudicated upon.
Subd. 2. [Repealed, 2008 c 277 art 1 s 98]
Subd. 3. Effect of copies. A photographic, photostatic, microphotographic, microfilmed, digitally imaged, electronic, or similarly reproduced record is of the same force and effect as the original and may be used as the original document or book of record in all proceedings.
Subd. 4. Exception. This section does not apply to the court of any county until the county board of the county adopts a resolution authorizing the destruction of probate records pursuant to the provisions of this section. When the county board has complied with this subdivision, section 525.092 and any act amendatory thereof shall no longer apply to the probate court of that county.
1965 c 883 s 1; 1971 c 484 s 1; 1973 c 582 s 3; 1975 c 347 s 85-87; 1979 c 303 art 3 s 35,36; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1995 c 189 s 8; 1996 c 277 s 1; 2009 c 83 art 2 s 34; 2011 c 116 art 1 s 9,10
Structure Minnesota Statutes
Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts
Chapter 525 — Probate Proceedings
Section 525.031 — Fees For Copies.
Section 525.033 — Fees For Filing Petitions.
Section 525.041 — Written Decision Shall Be Filed Within 90 Days; Mandatory.
Section 525.05 — Judge Or Referee; Grounds For Disqualification.
Section 525.091 — Destruction And Reproduction Of Probate Records.
Section 525.092 — Court Administrator May Destroy Certain Papers.
Section 525.095 — Court Administrator May Issue Orders Under Direction Of The Court.
Section 525.10 — Referee; Appointment; Bond; Office Abolished.
Section 525.101 — Compensation Of Referee.
Section 525.103 — Delivery Of Books And Records.
Section 525.11 — Reporter; Appointment And Duties.
Section 525.111 — Compensation; Transcript Fees.
Section 525.113 — Additional Employees.
Section 525.12 — Auditor; Appointment.
Section 525.122 — Compensation Of Auditor.
Section 525.14 — Descent Of Cemetery Lot.
Section 525.152 — Award Of Property With Sentimental Value To Children.
Section 525.161 — No Surviving Spouse Or Kindred, Notices To Attorney General.
Section 525.21 — Quantity Of Estate Devised.
Section 525.2221 — Wills Not Affected.
Section 525.242 — Secondary Evidence.
Section 525.253 — Sale Of Devised Property.
Section 525.311 — Contents Of Petition.
Section 525.312 — Decree Of Descent.
Section 525.313 — Clearance For Medical Assistance Claims.
Section 525.37 — Foreclosure Of Mortgages.
Section 525.38 — Realty Acquired.
Section 525.391 — Property Fraudulently Conveyed.
Section 525.392 — Property Converted.
Section 525.393 — Disposal By Coroner.
Section 525.475 — Dormant Estate; Removal Of Representative Or Attorney.
Section 525.48 — Final Account, Attorney Fees And Representative Fees.
Section 525.483 — Recording Decree.
Section 525.486 — Termination Of Trusts; Distribution.
Section 525.491 — Attorney's Lien.
Section 525.515 — Basis For Attorney's Fees.
Section 525.528 — Federal Estate Tax; Marital Deduction.
Section 525.71 — Appealable Orders.
Section 525.714 — Suspension By Appeal.
Section 525.73 — Affirmance; Reversal.
Section 525.731 — Judgment; Execution.
Section 525.80 — Representative.
Section 525.831 — Notice To Attorney General Of Devises For Charitable Purposes.
Section 525.84 — Erroneous Escheat.
Section 525.841 — Escheat Returned.
Section 525.85 — Disclosure Proceedings.
Section 525.88 — State Patents.
Section 525.881 — Federal Patents.
Section 525.91 — Letters, Contents.
Section 525.95 — Fiduciary Powers, Suspension During War Service.