Decree of Descent | Minnesota Probate

Decree of Descent Minnesota Probate LawMany people are unaware that there are different types of probates in Minnesota.  Not every probate is the same. For this post, I will be discussing Decree of Descent and Summary Administration proceedings as they relate to Minnesota probate law.

What is a Minnesota probate?

The first question that people should ask is what is probate?

The probate proceeding is a construction of Minnesota law which outlines the steps and procedures which need to be taken to administer a deceased person’s estate. All probate , money, belonging to a deceased person, needs to be probated in some fashion. Generally, people with estates worth under $50,000 can proceed with a small estate and no probate administration is required.

What if the deceased person’s assets are worth more than $50,000? Once the threshold level of $50,000 is reached, the probate attorney will begin to think about how to properly administer persons estate in a court of law. The first thing that I go through, as an attorney is whether a formal or informal probate is necessary, whether Decree of Descent proceeding is available, or whether a Summary Administration maybe available.

Decree of Descent

Again, remember that a probate proceeding is the legal proceeding to deal with the deceased person’s assets and that upon their death.

Minnesota law tells us that a separate proceeding may be commenced if the deceased died over three years ago but they’re still probate assets. In my experience, it is common that people do not know what they’re supposed to do legally after a person’s death. Often, people do not want to do anything and do not understand that the lawyer may need to get involved. Because of this, probate assets can lie dormant for many years but they still need to be probated.

A Decree of Descent proceeding is a legal vehicle whereby a personal representative or interested party of a deceased person’s estate can petition the court for an order instructing the heris and other interested parties how to convey the deceased person’s assets. This is normally a quicker proceeding because the creditor claims period is different.  The law takes viewpoint that creditors should have tried to collect against a person’s estate within three years.  If they did not, too bad.

If a creditor has not made an attempt to collect a debt, the law considers that that, in most instances,the probate court will not require the creditor claim period.  That is the main purpose of a Decree of Descent proceeding. As I stated previously, it is a quicker and less expensive.

Minnesota probate and summary administration’s

Much like a Decree of Descent proceeding, a Summary Administration maybe be available if the deceased person’s assets, and home, are exempt from creditor claims.

There are certain exempt assets in every Minnesota estate. The deceased person may have had probate assets belonging to him or her; however, much like a tax return, the deceased person’s estate has exemptions which are not subject to creditor claims. For example, a the homestead of the deceased is exempt from all creditor claims in most instances. Therefore, the home will not need to be sold to pay creditor claims, medical bills, and other debts.

Like a Decree of Descent proceeding, this process is generally quicker and less expensive for the deceased because it takes less time and attorney work.

Minnesota Decree of Descent and Summary Administration lawyers

Please contact Joseph M Flanders at Flanders Law Firm LLC to discuss whether your loved ones the state may qualify for a Decree of Descent or Summary Administration proceeding. There are specific facts which apply to every case and an experienced probate attorney should be consulted. Please call the firm today at 612-424-0398 for your free initial consultation.

Related posts:

Previous post:

Next post: