Your Probate Records Are Public—Here’s What That Means (and How to Keep Your Estate Private)

When someone passes away in Minnesota, their estate often goes through probate, a legal process that validates a will, identifies heirs, and accounts for assets. One question we regularly receive as estate planning attorneys is: “How can I find out if probate has been filed—or get a copy of the will?”

The answer: probate records in Minnesota are public. That means virtually anyone can access them—even online.

How to Access Probate Records in Minnesota

Thanks to Minnesota’s Public Access System, summarized probate case information is readily available through an online search. With just a name or case number, users can view:

• Whether a probate case has been filed
• The court file number
• The name of the personal representative (executor)
• Key filing dates and case status

If a case exists, full probate documents—including the will, estate asset inventory, and financial accounting—can often be viewed remotely or requested from the court.

Privacy Concerns You Might Not Expect

While this accessibility promotes transparency, it can also feel like a privacy invasion. Sensitive financial information, the contents of a will, the names of heirs, and asset distributions can all become part of the public record—whether you intended them to or not.

In short: if you don’t plan ahead, your family’s business could become everyone’s business.

The Smart Way to Protect Your Legacy

If privacy is a priority, a trust-based estate plan offers a powerful alternative. Unlike a will, a trust:

• Avoids probate, meaning no court filing
• Keeps details confidential, including who inherits what
• Offers greater flexibility for managing and distributing assets

Even close family members typically cannot access trust documents unless specifically authorized.

On the other hand, a will-based plan must be filed with the probate court in Minnesota—making it part of the public record.

Planning for Privacy—and Peace of Mind

At Wagner Oehler, Ltd., estate planning isn’t an afterthought. It’s what we do—every day, for over 50 years. We help individuals and families across Minnesota create customized estate plans that:

• Protect privacy
• Minimize stress for loved ones
• Honor your wishes now—and in the future

Whether you're just getting started or updating an outdated plan, we’re here to guide you.

? Ready to protect your legacy? Let’s talk about your options.

To learn more about estate planning, keep an eye on our Events page located at: https://www.wagnerlegalmn.com/events/.

If you’re ready to keep your estate plan private and avoid probate, contact us to get started.

Want to stay informed? Subscribe to our quarterly newsletter for updates.