2000 Minnesota Statutes

     525.091 Destruction and reproduction of probate records. 

    Subdivision 1.  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 five years after the file in such proceeding has 
 been closed provided the original or a Minnesota state archives 
 commission approved photographic, photostatic, 
 microphotographic, microfilmed, or similarly reproduced copy of 
 the original of the following enumerated documents in the 
 proceeding are on file in the office. 

    Enumerated original documents:  

    (a) 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 clause (d) 
 of this subdivision, the enumerated documents shall include all 
 claims of creditors.  

    (b) 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.  

    (c) 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.  

    (d) Except for the enumerated documents described in this 
 subdivision, the court administrator may destroy all other 
 original 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.  The court administrator of any county upon order 
 of the judge may destroy the original record books as enumerated 
 in this subdivision provided a Minnesota state archives 
 commission approved photographic, photostatic, 
 microphotographic, microfilmed, or similarly reproduced copy of 
 the original record book is on file in the office.  

    Enumerated original record books:  

    All record books kept for recording in compliance with 
 section 525.03, clauses (3), (4), (5) and (6).  

    Subd. 3.  A photographic, photostatic, microphotographic, 
 microfilmed, 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.  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.  

    HIST: 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