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Probate In Minnesota

Probate is the legal process of transferring property from the estate of a deceased person to their heirs. Even when there is a will, probate is required in Minnesota unless the total value of the deceased’s assets is less than $75,000 and the deceased did not own any real estate as the sole title holder. Probate usually takes between six months and a year but can drag on much longer if there are disputes among the heirs or if a business is part of the estate. Most people try to avoid probate when possible, but in Minnesota, most estates, who have properly engaged in estate planning will be able to avoid probate.

The Role Of A Personal Representative

When a probate case is filed, the court will name a personal representative responsible for managing the process. The basic responsibilities of a personal representative include:

  • Collecting and making an inventory of the deceased’s assets
  • Completing and filing paperwork with the court
  • Paying taxes and debts owed by the deceased
  • Distributing the remaining assets according to the deceased’s will or as provided by law
  • Preparing a final account of all transactions and distributions and closing the estate

Serving as a personal representative can be very time consuming and complicated. At Evenson Decker, P.A., we help personal representatives fulfill their obligations. We help collect information and ensure that papers are filed correctly. At the end of the process, we make sure that all assets are distributed according to law and the final account is filed with the court.

Formal Versus Informal Probate

Depending on the complexity of the deceased’s estate, probate cases can be filed either as formal or informal. Informal probate is used for estates that have an uncontested will with clear, specific provisions and meet the following requirements:

  • The estate must be solvent (the value of the assets must be greater than the total debt).
  • There can be no vulnerable parties (such as minors) mentioned in the will.
  • The location of all heirs or devisees must be known.
  • There must be no disagreement among the heirs or devisees.

Informal probate is filed with the probate registrar rather than the District Court. At the end of the process, an Unsupervised Personal Representative’s Statement to Close Estate is filed with the Probate Court.

Formal probate is more suitable than informal probate for most estates. When formal probate is chosen, the next decision is whether to file a supervised or unsupervised petition. This decision is generally based on whether the personal representative believes their actions administering the will are likely to be challenged by any of the heirs. In a supervised probate, the court is directly involved in administering the will. A supervised probate typically takes longer and involves more fees and expenses than an unsupervised probate.

Minnesota Probate FAQs

At Evenson Decker, P.A., we can answer any questions about probate you may have. Here are some common concerns we frequently address.

Who is responsible for handling probate?

Typically, the testator names someone to manage their estate upon death. Known as the estate executor, this person is responsible for initiating probate and helping to ensure the testator’s final wishes are carried out.

A family member, friend or professional (lawyer, etc.) can serve as the executor. They have a fiduciary duty to prioritize the best interests of the estate and its beneficiaries throughout probate proceedings in Minnesota.

What are the steps involved in the probate process?

Before an estate can be settled, the executor has several important duties to fulfill as a part of the probate process. These responsibilities can vary depending on each unique situation, but here are some common examples of the steps involved:

  • Locating the will
  • Obtaining copies of the death certificate
  • Locating assets and insurance policies
  • Settling bills, debts and taxes
  • Contacting banks, creditors and other interested parties
  • Contacting beneficiaries
  • Distributing assets

These steps should be done in a timely manner. Failing to fulfill them could lead to a breach of fiduciary duty. An attorney can help executors successfully accomplish their duties.

How long does the probate process take?

On average, Minnesota probate can take anywhere from 12 to 18 months. However, there are certain factors that can prolong or quicken the process.

For example, if assets are placed into a trust, the probate process may be bypassed, speeding up the overall process. Alternatively, the size of an estate, number of beneficiaries, location of assets and family dynamics can lengthen the probate process in complex situations.

What happens if there is no will?

Many people die without a will, which means they have died intestate. Intestacy can mean that the state is responsible for managing the estate and distributing assets. An executor chosen by the state will likely be responsible for completing the probate process and settling the estate. This can be costly for an estate and may not fulfill the testator’s last wishes.

For More Information On Probate, Contact Evenson Decker, P.A.

If you have questions about probate or estate planning in Minnesota, contact our attorneys to schedule a consultation by calling 320-253-7130 or filling out our online contact form.