St. Cloud Probate Attorneys: Moving Forward With Estate Administration

Last updated on March 5, 2025

When someone dies, their estate has to go through a legal process called probate. During an already emotional time, the probate process can be overwhelming and stressful.

At Evenson Decker, P.A., our estate administration and probate lawyers have extensive experience helping our clients in St. Cloud and the surrounding Minnesota communities manage the probate process after a loved one dies.

Understanding The Probate Process In Minnesota

Probate is the legal process of transferring property from a deceased person’s estate to their heirs. Even when there is a will, probate is usually required in Minnesota. A probate judge will review the will for validity and oversee the process of settling debts and distributing assets. 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.

When Can An Estate Avoid Probate?

An estate has to go through the probate process 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. Most people try to prepare a comprehensive estate plan that transfers assets without having to go through probate whenever possible.

What Is 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.

Informal Versus Formal 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. While informal probate is more efficient, it can be difficult to meet all of the requirements.

Formal Probate: Supervised Versus Unsupervised

Formal probate can be supervised or unsupervised. If the personal representative believes that there will be a challenge by an heir, a supervised probate process includes direct involvement from the probate court. A supervised probate typically takes longer and involves more fees and expenses than an unsupervised probate.

Answering Frequently Asked Questions About Minnesota Probate

In their decades of experience, our probate and estate administration lawyers often find themselves answering the same questions. Here, they have compiled answers to some of these questions. If you have questions about your specific situation, our lawyers at Evenson Decker, P.A., are available for consultation appointments.

Who is responsible for handling probate?

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

A family member, friend or professional (like a lawyer) 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 of 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 completed in a timely manner. Failing to fulfill them could result in a breach of fiduciary duty. An estate administration attorney can help executors successfully accomplish their duties.

How long does the probate process take?

On average, Minnesota probate takes 12 to 18 months. However, certain factors 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. Our estate planning lawyers at Evenson Decker, P.A., can help you evaluate your assets and wealth and prepare a comprehensive estate plan, including a will, so that your estate does not have to pass through intestate and your wishes are carried out.

Contact A Minnesota Probate Lawyer Today

If you have questions about probate or the administration of an estate, our probate attorneys are available by appointment for a consultation. To schedule an appointment, you can call 320-253-7130 or send us a message using our online contact form.