Minnesota Probate Law Firm
Minnesota Probate and Estate Administration
The probate process in Minnesota is a legal system whereby a deceased person’s estate is administered through the court system. There are many different kinds of probate processes in Minnesota and each have their own particular legal structures. It is important to note that a person’s estate will only need to be probated if that persons assets were worth over $50,000.00 at their death.
If the assets were worth less than $50,000.00, in most cases, probate will not be necessary. If a person had a Will, then they died “testate”. If a person did not have a Will when they died, then they died “intestate”. Minnesota law has different procedures for the estate administration depending on whether a person died with a Will or without one.
There is no federal law of probate. Probate is a system whereby states like Minnesota, will administer the assets and debts of a deceased person’s estate. However, there is something called a “uniform probate code” that Minnesota – like many other states – follows. The statutory authority for probate administrations in Minnesota is found under Minnesota Statutes Chapter 524. According to chapter 524 of the probate code, the purpose of the code is to:
(1) Simplify and clarify the law concerning the affairs of decedents (deceased persons), missing persons, protected persons, minors, and incapacitated persons;
(2) Discover and make effective the intent of a decedent in distribution of property;
(3) Promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to successors (heirs); and
(4) Make uniform the law among various jurisdictions.
The state of Minnesota takes an interest in the proper administration of an estate for a number of reasons, including: assuring the payment of taxes which may be due, to ensure payment to creditors who the deceased person may have owed money to, to protect a surviving spouse and/or the children of the deceased person, and to ensure compliance with the deceased person’s Will. As the Minnesota probate law shows: the state is interested in making sure that a deceased person’s last wishes are followed and that any money owed to various people or businesses is paid, if possible, by the deceased person’s estate.
The personal representative or “executor” of the estate will ultimately be responsible for achieving the above-listed goals of the probate process. There are many exceptions to the general rules of probate; however, the personal representative needs to be aware of his or her obligations to creditors, heirs, surviving spouses, and other “interested parties”.
Minnesota Probate Procedures
The choice of probate procedures includes: decree of descent, summary administration, informal, and formal estates. Informal and formal probate estate are the most common form. Furthermore, an informal “unsupervised” administration is likely the most recommend form of probate administration by lawyers. The differences between each procedure are complicated and a probate attorney should be consulted.
The above information is intended to be informative and is not a substitute for qualified legal advice from a experienced probate attorney. Proper legal representation throughout the probate process will help eliminate errors, delays, and possible non-compliance with Minnesota law. Seeking a probate lawyer who knows Minnesota probate law, the rules of probate procedure, and the various clerks and county judges can be invaluable.
FLANDERS LAW FIRM LLC
Experienced MN Probate Lawyers
The law firm has many years of experience working with many different kinds of probate cases. The lawyers at the firm have worked on probate estates worth millions of dollars and probate estates worth less than $10,000. The firm also has experience working with people and families from all walks of life. The firm is more than happy to discuss the facts of your particular case with you and your loved ones.
Trusted, Minnesota Probate Attorneys
The probate process can be intimidating and the firm tries to make it easy on the personal representative. The attorneys at the firm strive to make the MN PROBATE PROCESS AND ESTATE ADMINISTRATION easy to understand. The firm also does its best to take the complex timing and procedural complications and make them simply to navigate.
Minnesota Probate Administration
The probate attorneys at Flanders Law Firm are licensed in Minnesota, North Dakota, and Indiana. The firm also has connections with attorneys who practice law in neighboring states like Wisconsin and the firm is able to work with probate lawyers in snow-bird states like Florida, Arizona, California, and Texas. Joseph M. Flanders and the law firm represent client all over the state of Minnesota and the Twin Cities metro area, including DAKOTA COUNTY, Hennepin County, Ramsey, and the surrounding metro and non-metro counties. The lawyers have experience with many of the local county judges and county recording and medical assistance offices.
Minnesota and North Dakota Probate Attorneys
Joseph M. Flanders is licensed to practice law in Minnesota, North Dakota, and Indiana. Flanders Law Firm LLC is a Minnesota probate law firm. Contact the law firm today at: 612-424-0398
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