The
probate process in Minnesota is the legal court
process for paying a person's debts and expenses and distributing a
person's property after that person’s death. In a Minnesota probate
matter the person who has died is called the “
decedent”
and his or her property is called the “
estate”.
Intestate vs. Testate
Usually, a decedent's debts are paid from the estate and any
property remaining is divided among heirs or beneficiaries, according to
a Will (died
testate), the (Minnesota)
Uniform Probate Code, or the laws of
intestate
succession. If the decedent did not leave a Will (died
intestate), the heirs to the estate will
be determined according to the Uniform Probate Code and/or the laws of
intestate succession.
The Personal RepresentativeThe "
personal
representative" (sometimes referred to as the now antiquated
terms: executor [masculine] or executrix [feminine]) of the estate is a fiduciary of the decedent's
estate who will administer the estate for the benefit of all
beneficiaries,
heirs,
devisees (devise, or
disposition, of real
property), and/or
legatees (bequest of
personal property). The personal representative is typically
nominated by the valid Will of the
decedent and
appointed by the District
Court in the Minnesota county where the decedent was domiciled (resided)
at death.
Should no valid Will exist or if a valid Will
does not nominate a personal representative, Minnesota Statutes Section
524.3-203 defines who has
priority among
those seeking appointment as personal representative of the decedent's
estate. Generally, first in line as personal representative is the
decedent's surviving spouse,
if the
spouse is also a devisee. If there is no surviving spouse who
is also a devisee, then priority is as follows (higher to lower):
Other
devisees, a
surviving spouse (who is not a devisee),
heirs,
any creditor, and
any non-discharged conservator of the
decedent. No person is qualified to serve as personal
representative if they are under the age of 18 or are found "unsuitable"
by a court.
Once appointed by the court, a personal
representative nominated in a Will receives "
Letters
Testamentary" and a personal representative
not
nominated in a Will receives "
Letters of
General Administration". These "Letters" authorize a person
to act on behalf of the decedent's estate as the estate's personal
representative.
Duties of the
Personal RepresentativeDuties of the personal representative may
include: (1)
collecting income from the estate
property, (2)
paying any and all debts,
claims, and expenses of administering the estate, (3)
filing all necessary estate and income tax
returns and reports, and (4)
preserving,
distributing and settling the estate in accordance with
decedent's Will, the Uniform Probate Code, or the laws of intestate
succession. The personal representative is usually represented by a
Minnesota probate lawyer, who can assist with these duties and
responsibilities.
Minnesota's Probate
LawsThe (Minnesota)
Uniform
Probate Code can be found generally in sections
524.1-101 to
524.8-103 of the Minnesota Statutes. These sections also contain
information on
spousal and elective shares.
Information and laws on
guardianships and
conservatorships can generally be found
in
chapter 524 of the Minnesota Statutes.
Is It Always Necessary to Probate a Minnesota Estate?
Minnesota probate law applies to people who lived in Minnesota when they
died and to residents of other states who owned real estate in Minnesota
(
ancillary administration). Whether a
matter is "probated" depends on a number of factors, including the type
of property and the nature of the ownership of that property. For
example, unless
real estate (a home, a
cabin, a farm, etc.) was transferred into a trust or was owned in
joint tenancy with a right of
survivorship, it usually is subject to the probate process. If you are
considering a Will, you should consult with an attorney about the
ownership of any real estate and whether there are advantages to certain
types of ownership. For
personal property,
probate is required if the value of the estate
exceeds $50,000. If the decedent’s
estate is worth $50,000 or less, the decedent's legal heirs or certain
interested parties, as defined by Minnesota Statutes, may be able
to collect the property by utilizing an
Affidavit for Collection of Personal Property, which does not
require probate court involvement. This allows for a small estate to
keep its costs of administering the estate low.
How Long Does It Take to Probate an Estate?
The infamous response: It all depends.
On average, probate takes 10 - 16 months to complete. Still, the length of time
between the date of death of the decedent and closing the estate will depend
upon several factors, for example, the type of probate proceeding that
is chosen (
informal vs.
formal) and how it will be administered (
supervised
vs.
unsupervised). The
number, location, and accessibility of
probate assets
will affect the length of probate. Similarly, the number, location
and availability of the heirs may affect timing. Real estate may
also creates delays, especially if the property needs to be sold.
Although rare, disputes among heirs may arise concerning the validity of
the will or distribution/entitlement of assets. These disputes, if
not settled, typically require court intervention, causing many months
of additional delay.
The advice of an experienced probate attorney can help you
decide the best manner with which to proceed in the event a loved one
passes and leaves an estate for which you are responsible. Legal
representation during the probate process may also help eliminate
unnecessary delays due to noncompliance with Minnesota Statutes, the
Uniform Probate Code and/or local rules of the Probate Court for
specific counties.
Trusted, experienced Minnesota probate attorneys.
Ensure that the probate process is
completed efficiently and smoothly.
Since 1975, our
firm has been committed to
providing the highest level of
legal representation to our
clients.
At Taurinskas Law Firm, we treat
our client's with courtesy and
integrity. We provide
efficient and honest legal
representation that achieves
desirable results.
We offer the experience and resources of a large firm
while at the same time providing our clients with the
convenience,
accessibility and
reasonable fees
typical of a small firm. Our objective is
to work with you to provide the assistance you need to efficiently and
effectively manage your loved one's estate and to ensure compliance with
applicable laws.
More than 95 percent of our clients are the result of
referrals from past or current clients.
We
truly appreciate these referrals and
will make every effort to ensure these positive referrals continue with you.
At Taurinskas Law Firm, you'll find experienced attorneys to assist
you with any probate or trust administration issues or questions you may
have in Minnesota. Taurinskas Law Firm is located in
northern Dakota County in South St. Paul, MN. Our law office offers a
free initial consultation for probate or estate administration matters.
A few matters you may face once it has been determined you are responsible to administer a loved
one's estate may include:
- Probate & Trust
Administration
- Formal Probate (Supervised or Unsupervised)
- Informal Probate (Supervised or Unsupervised)
-
Summary Proceedings
- Probate Property vs.
Nonprobate Property
- Intestate
(no will) vs. Testate (valid will)
- Letters of
General Administration vs. Letters Testamentary
- Personal Representative (Nominated vs. Appointed)
- Creditor's Claims and other Debts of Decedent
-
Liens, including Medical Assistance Claims
- Payment
of Utilities and Collection of Rent
- Funeral
Expenses and Debts of Last Illness
- Real Estate
Sales and Conveyances
- Asset
Identification and Distribution to Heirs and Devisees
- Inventory,
Notices, Publication, Consents, & Final Account
- Affidavit of Personal Property (Small Estate Affidavit for Assets ≤ $50,000)
-
Will Contests (Undue Influence, etc.)
- Lost Original Wills,
Will Copies, & Codicils
- Separate Writing
Identifying Bequest of Tangible Property
- Ancillary Proceedings
MN PROBATE ATTORNEYS
P. James Taurinskas
Brian J. Taurinskas
MINNESOTA PROBATE AND ESTATE ADMINISTRATION ATTORNEYS
At our law office, our lawyers provide probate and trust administration
guidance and representation in all areas of the Twin Cities
(Minneapolis-Saint Paul), western Wisconsin and their surrounding communities.
Please Note: This site contains general information and not legal advice. It is based on Minnesota law in effect at the time of writing. An
experienced probate and estate planning lawyer can advise you about how the law applies to your specific situation.
ADDITIONAL RESOURCES ON MINNESOTA
PROBATEThe following information
is solely for reference and educational purposes. Taurinskas Law Firm,
P.A. is not affiliated with, funded by, or endorsed by the Office of the MN Attorney General or any other State Department of Minnesota.
Additional information
on Minnesota Probate may be found at:bold1.png)
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