Goodhue County, MN Probate

Goodhue County, MN ProbateProbate in Goodhue County, Minnesota

There are many good resources for learning about the probate process in Goodhue County.  In particular, a review of Minnesota law on the issue is important.

The probate court is located at:

Goodhue County Justice Center

454 W 6th St.

Red Wing, MN 55066

All court actions are heard in Red Wing at the Goodhue County courthouse.  Click on this link to the Goodhue County Judicial website.

Minnesota probate law

Goodhue County judges will be following the Minnesota Probate Code. Therefore, the probate process will be similar to most other counties in the state. The same rules will apply for the probate of Wills and estates where the deceased died without a Will. The county may have points that are slightly different and that is why it is important to consult with an experienced probate lawyer.

Intestate and Testate

The first term to analyze in any probate estate are “testate” and “intestate”.

Basically, “testate” can be defined as an estate where a person had a valid Will at the time of death.

Conversely, “intestate” can be defined as an estate where a person did not have a Will at the time of death. Different laws apply to an intestate or a testate estate.

The “executor” or personal representative

In either a testate or intesate administration, a personal representative must be appointed. (Many people refer to this person as an “executor” of the estate).

The personal representative is required to petition the court to start a probate administration. The personal representative is usually the person appointed by the Will or is an heir of the estate. Often, the personal representative will be a child of the deceased, but does not have to be.  The personal representative is also nominated by other interested parties or heirs. Minnesota law defines the term “interested parties” as other heirs, devisees or beneficiaries of the estate. Minnesota law requires the personal representative to be nominated, so that there is an understanding that the most appropriate person is representing the estate.

Duties of the purse representative and Goodhue County

Duties of the personal representative include such things as:

  • Collecting the assets of the estate
  • Paying the debts and claims of the estate
  • Drafting all of the necessary court paperwork and submitting it to court
  • Filing all of the necessary state and/or income taxes

Preserving the estate and, eventually, distributing the estate to the heirs, beneficiaries, or devisees.

The personal representative should be sure to contact a qualified probate attorney to ensure that the law is followed correctly.

Minnesota laws and Goodhue County probate court

The Minnesota Uniform Probate Code can be found at chapter 524.1 or the Minnesota statutes. The probate code includes laws that only on the administration of probate estate but also on guardianships in conservatorships. Also, as discussed above, each county Minnesota may generate their own particular rules and regulations that the parties must follow. This can become very complicated and an attorney who has knowledge of the local rules should be consulted.

Is always necessary to probate and estate?

No, it is not always necessary probate an estate in Minnesota. If an estate has assets less than $75,000 in state of Minnesota, the estate does not have to be sumitted to the probate court. There are some exceptions to this, such as when there are excessive debts or when real property is involved. One, example that often arises is when a deceased has one asset that is a home. The total value of the home may be worth less than $75,000; however title may not pass from the estate to a buyer without the necessity of a probate.

Small estate

If the estate is worth under $75,000, and there is no real property, the estate may be transferred to by an affidavit called an “Affidavit for Collection of Personal Property”, which does not require probate court involvement. This allows for small states to be ministered quickly and efficiently rather than following the typical probate law.

How long does a probate administration take?

The length of time for any probate administration varies depending on the complexities and size of the estate. A typical process may take anywhere from eight months to two years. Most probates are completed within 8 to 10 months.

Some factors that may lengthen the time to probate the estate include:

  • informal or formal or if the estate is supervised or unsupervised will likely change the amount of time it takes to state.

Furthermore, complicated probate assets or estate taxes or income taxes will usually lengthen the estate. The issue of taxes tends to lengthen the estate because the estate often has to wait for the Internal Revenue Service IRS) or the Minnesota Department of Revenue for clearance on tax issues. Finally, disputes between heirs can significantly delay an estate.

Attorney fees in probate

The cost of the probate state and attorney fees also has many factors. The recommended choice for administration, supervisor unsupervised or formal or informal, will all change the fees.

There are also court filing fees and publication fees which will need to be paid by the estate. Smaller estates with relatively non-complex assets are often cheaper in terms of attorney fees.

Larger or more complex estates may include will contests, missing or unavailable heirs, fighting between heirs, out-of-state assets or other complicated real property matters may raise the cost of the estate.

Speaking with experienced and qualified probate attorney in Goodhue County, Minnesota should be the first step. The attorney should be able to guide you through the process and discuss what steps may be best for the estate and your family. It is important to know the local rules, the uniform probate code, and any other rules associated Goodhue County probate.

Friendly and knowledgeable Minnesota Lawyers

Joseph M. Flanders has years of experience working with clients from all walks of life. The firm has experience working with small and large estates and is happy to advise clients what is best for them and their family based on the situation.

The firm offers reasonable fees, accessibility and friendly attitudes. The firm is also interested in ensuring that the entire family is on the same page, receives notice of what is going on, and feels that they’re being treated fairly. We understand that the loss of a loved-one is a difficult time for many families and that dealing with probate issues can be confusing, at best.

The firm has experienced attorneys available to assist you with your Goodhue County probate issues or questions. The firm offers offers free consultations for all probate and estate administrations.

Some common examples of probate questions are

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 ≤ $75,000)

  • Will Contests (Undue Influence, etc.)

  • Lost Original Wills, Will Copies, & Codicils

  • Separate Writing Identifying Bequest of Tangible Property

  • Ancillary Proceedings

Minnesota probate lawyers

Joseph M Flanders and Flanders Law Firm LLC serves Goodhue County Minnesota for all probate issues.

At the law office, the probate lawyers provide guidance and representation in all counties in the greater Twin Cities area, and Goodhue County. The firm has experience with working with clients from all counties and all walks-of-life. For a free initial consultation, please call the law firm at 612-424-0398.