2007 Minnesota Statutes

525.091 DESTRUCTION AND REPRODUCTION OF PROBATE RECORDS.
    Subdivision 1. Original documents. 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. Record books. 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. Effect of copies. 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. 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.
History: 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