Understanding Probate Requirements in Minnesota: Do I Need to Probate a Will?

Posted on January 15, 2024 by jlawyer

Title: Understanding Probate Requirements in Minnesota: Do I Need to Probate a Will?

Introduction: The passing of a loved one is undoubtedly a challenging time, and navigating the legalities that follow can be overwhelming. One common question that arises is whether it is necessary to probate a will in Minnesota.

Probate is the legal process through which a deceased person’s estate is administered, debts are settled, and assets are distributed. Let’s explore the factors that determine whether you need to probate a will in the state of Minnesota.

Size of the Estate:

One key factor in determining the need for probate in Minnesota is the size of the deceased person’s estate. If the estate is considered “small” under Minnesota law, it may qualify for simplified probate procedures or even exemption from probate altogether. The definition of a small estate can vary, but it typically involves assets falling below a certain threshold. Understanding the value of the estate is crucial in assessing whether probate is necessary.

Types of Assets:

The nature and types of assets left by the deceased also play a significant role in determining whether probate is required. Certain assets, such as those held in joint tenancy, assets with designated beneficiaries (like life insurance policies or retirement accounts), and assets held in trust, may bypass the probate process. Assets that do not require probate can be transferred directly to beneficiaries, simplifying the administration process.

Real Estate Ownership:

Real estate ownership is another critical factor in the probate decision. If the deceased person owned real estate solely in their name, it will likely need to go through the probate process. However, if the property is jointly owned, held in a trust, or has a designated beneficiary, it may avoid probate. Understanding the specific circumstances surrounding real estate ownership is essential in determining the need for probate.

Debts and Creditors:

Probate provides a structured framework for addressing the deceased person’s debts and settling outstanding obligations. If there are significant debts or creditors seeking repayment, the probate process allows for a systematic resolution of these financial matters. The publication of probate notices also serves to notify creditors and interested parties, providing them with an opportunity to make claims against the estate.

Validity of the Will:

Ensuring the validity of the will is crucial in determining whether probate is necessary. If the deceased person left a valid will, it typically needs to be submitted to the probate court for approval. The court will oversee the administration of the estate in accordance with the terms outlined in the will. If there is no valid will or if the will is contested, the probate court will follow the intestate succession laws of Minnesota.

Conclusion: Whether or not to probate a will in Minnesota depends on various factors, including the size of the estate, types of assets, real estate ownership, debts, and the validity of the will.

Minnesota Probate Lawyers

It is advisable to seek legal guidance to navigate the complexities of the probate process and ensure compliance with Minnesota probate laws. Understanding these factors will help individuals make informed decisions and take appropriate steps in administering the estate of a deceased loved one.

Contact the office today for a free initial consultation at: 612.424.0398.

MN Probate Law | What Can Slow Down the Probate Process

Posted on June 19, 2019 by jlawyer

What Can Slow Down the Probate Process

Expect the Unexpected

You’ve probably heard that you should expect the unexpected in some way, shape, or form before. This is also true when it comes to the probate process. When you work with a probate attorney, they might be able to predict what will slow down the process.

However, that doesn’t mean that you should expect that everything will go fast as possible. Roadblocks can come up on a whim. For best results, consider starting or at least preparing for the probate process early on, before stuff has time to come up. An attorney might even end up helping the process to go faster, saving you valuable time.

The Will to Problem

Just because a will exists doesn’t mean that everything will go easily. Issues can normally be avoided preemptively by getting the will professionally written. Nonetheless, there are still cases in which the will is not properly prepared, leaving for issues to potentially arise. If you’re still just preparing for the probate process and the owner of the will is still alive, there’s always the chance that you could help them rewrite the will.

However, if the owner of the will is no longer able to rewrite the will, you might end up getting stuck with the will in its current state. One of the best things that you can do is have a professional look at the will to assess it. When in doubt, assume that issues surrounding the will shall come about.

Lots of Benefactors

Being liked by many people and having lots of family are not themselves bad things. But as far as speeding through the probate process, having multiple beneficiaries isn’t going to make things go any faster. If anything, having lots of beneficiaries is going to cause things to take more time.

Realize that every beneficiary needs to be notified. Miss one or if you run into trouble finding one, then things will most likely take longer than you originally planned. You might even run into having to get the beneficiaries sign documents and if anyone decides to take their time and be lazy, you’re going to need to push them to move forward.

Wills Galore

Even if the will is legitimate, there’s also the chance that there could be several wills to shift through. Here’s the catch: the court has to sort through each will. In the case that the court is unsure which will is the latest will, they need to figure out which one is the most current. At the same time, there’s another small catch. The court will also need to verify whether or not the will accurately represents deceased’s desires. There can be updates to previous wills, causing updates to be incomplete apart from the will itself. So, even if you have a part of the will, you might not have all the pieces to the puzzle. Don’t assume that there’s only one document.

Strange Assets

The child inside of all of us probably has wanted to be a treasure hunter at some point in time. You’d probably give up trying to win the lottery if you found out a relative was going to pass down a valuable heirloom. At the same time, comprehend that dealing with abnormal or valuable items can slow down the probate process significantly. You’re not talking in terms of mere cash. Items need to be valued. And as each rare asset comes to the forefront, each object has the potential of slowing things down.

You might find that the assets can’t be assessed all at the same time. Don’t focus about having to fight your family over rare items. Prepare yourself for having to deal with assets that aren’t easy to acquire or liquidate.

Speed Up the Process

You probably want as much time as you can get. You don’t need to wait forever to complete the probate process. Simply call a lawyer about probate law, schedule your free consultation, and see if they can speed up the process.

The law firm of Flanders Law Firm LLC might be the best place to help you move forward. Dial 612-424-0398 to get the ball rolling. That way, you can hopefully speed up the probate process without wasting your valuable time. If you have the time now, consider using it to save time later on.

What is a Personal Representative | Minnesota Probate Law

Posted on October 14, 2016 by jlawyer

What is a Personal Representative?

Pursuant to Minnesota probate law, the personal representative is the person who is chosen by the deceased and/or appointed by the court to run the estate. The term “personal representative” is also how Minnesota law refers to this person. The terms “executor” or “executrix” are not used in Minnesota.

This personal representative is also referred to as “the executor, administrator, successor personal representative, [or] special administrator” of a deceased person’s estate.

Duties and Powers of the Personal Representative

The duties and powers of the personal representative are defined in Minnesota Statutes Sections 524.3-701 to 524.3-721. It is the personal representative’s job to settle and distribute the deceased person’s estate. The personal representative must follow the instructions of the Will and/or the Minnesota intestacy laws if the deceased person did not have a Will. The term “intestacy” means that the person died without a Will. Different laws are applied in “intestacy” estates versus estates where the deceased had a Will.

The personal representative is also required to perform his or her duties “expeditiously and efficiently as possible while at all times acting in the best interest of the estate.” It can be a big problem when the personal representative does not properly do his or her job. Except as is differently stated in a Will, every personal representative has the right to take control of the deceased person’s possessions, property, and debts. This will enable the personal representative to administer the deceased’s estate.

Foremost, the personal representative has a serious duty to look out for the best interest of the estate while simultaneously realizing that the estate there for the benefit of the heirs, devisees and any creditors. The estate is not there for the benefit of the personal representative. In fact, in the opinion of the Minnesota probate attorneys at the law firm, the job of the personal representative is often thankless and not much fun at all.

Powers of the Personal Representative

The personal representative must pay taxes on and take all steps necessary for the management, protection, and preservation of the estate. Failure to do so may result in personal liability for the personal representative.

Until the estate is closed and the court allows the estate to terminate, the personal representative has the same power over the title to property belonging to the estate as the deceased would have had. However, it is extremely important to remember that the personal representative is a “fiduciary” for the other heirs, devisees, and creditors of the estate. Please keep reading different articles on this website if you have questions about what those terms mean. Or, please contact the law firm to discuss your case.

Free Initial Consultations

Contact the Flanders Law Firm today. The firm offers free consultations to all potential clients. Call the firm at 612-424-0398.

Decree of Descent | Minnesota Probate

Posted on August 18, 2016 by jlawyer

Many 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.