Starting and Informal Probate?

Rule number one is that you need to draft documents that will assist the probate court in its determination of whether to grant the contents of those documents.  For example, the court wants to know exactly what you are requesting and why you are requesting it. 

The Minnesota probate lawyers at the firm have had many interactions with the probate court clerks throughout the years.  Rule number one?  Be nice to the clerks.  Give them what they ask for.  Make sure the legal documents are concise and clear.

What needs to be in a Petition for an Informal Probate?

Foremost, if you are not an attorney, you need to read Minnesota Statutes 524.3-301.  This law contains all of the information that needs to be in the petition.  If you do not understand the statute, you should consult with a lawyer who does.

The statute is clear that there a number of required things that must be in an informal probate petition:

1.  A case caption
2. The Petitioner’s name and address
3. Why the Petitioner is filing the Petition
4. The name and address of the deceased person
5. The deceased’s persons birth-date and birthplace.
6. The deceased person’s date and place of death
7. Where the decedent lived, permanently, at the time of his/her death
8. The names and addresses of the heirs, devisees, and interested persons
9. Any intentionally omitted heirs
10. The Statement of Familial Relationship or interest of these people to the deceased
11. The age of each person
12. Any information about surviving heirs or spouses
13. A listing of the deceased person’s assets and debts
14. A statement that there is no other “acting” personal representative
15. A statement that the petitioner is not aware of any demands for notice from other third-parties or creditors
16. Whether the deceased person had a Will or not
17. A statement of what “priority” the petition has under Minnesota probate law
18. Whether a bond should be posted
19. Whether the estate should be supervised or unsupervised
20. Signatures of the Petitioner(s)

Exhaustive enough for you?  Again, if you don’t understand the above – or perhaps don’t know all the legal terms above – you should consult with a probate attorney.

Assuming I fill-out the Petition appropriately what happens next?

Once the proper petition has been drafted with the proper information, the Petitioner (who is also the proposed personal representative) will need to file the documents with the court.  Lawyers are required to use the court “e-filing” system, but non-lawyers will need to go directly to the county courthouse.

There are a number of other documents which will be required with the initial probate petition.  These documents can include:

1. A proposed Order
2. A notarized Acceptance of Appointment and Oath of the personal representative
3. Proposed Letters Testamentary or Letters of General Administration
4. A Notice of Hearing / Notice to Creditors Document
5. A Certificate of Representation if represented by a lawyer
6. A Confidential Information Form, Form 11.1
7. A payment of state-mandated court-filing fees.

What happens after the Probate Petition is Filed?

Once the court filing fees are paid and the proper legal documents are filed with the proper court, the court will give the Petitioner a new case number and a new case will have been started in the court system.

Each county will have different rules about how the probate process moves-forward.  A hearing date will likely be set.  The Petitioner will need to be present at the hearing to give testimony about the contents of the Petition to a judge.  It is important to note that the personal representative has no power to act on behalf of the estate until appointed by the court.  Yes, this can cause significant delay as bills need to be paid, etc.  For questions on how to deal with this problem, consult with a lawyer.

Minnesota Probate Lawyers

An experienced Minnesota probate lawyer can help walk you through the probate process, answering questions along the way. For more information on estate planning in Minnesota, along with a variety of other topics, contact Joseph M. Flanders of Flanders Law Firm at (612) 424-0398.