Going Through the Probate Process Step by Step

Going Through the Probate Process Step by Step

Setting the Record Straight

Before diving into how the probate process proceeds, let’s first define the probate process itself. Technically, it’s a process that mainly involves two layers; namely, settling any debts belonging to the decedent and transferring ownership to any benefactors.

Effectually, it’s wrapping up any legal circumstances pertaining to the decedent and ensuring that their will is fully carried out. Most likely, this process will involve working with a lawyer who knows probate law at some point. Moreover, the lawyer who you work with might be the one who has final say.

Do not get on their bad side. For this specific kind of process, the last thing you want is to have the lawyer working against you.

MN Probate | Ask First

To get the probate process in motion, someone needs to inquire about becoming and being designated as the executor or personal representative. Each state is different. Your lawyer might be able to tell you which of the two terms your state uses.

There is, however, a third option. In the circumstance that no will exists, you probably won’t become either an executor or personal representative. Rather, you’ll be classified as an administrator. Most likely, the person who fills one of these three roles needs to have been close to the person whose assets are being distributed.

Nonetheless, being a close friend, a blood relative, or even a spouse does not automatically qualify you. An application process stands before you. Unless the court grants you one of the aforementioned titles following the application process, you won’t have that legal power. Someone may fill that role instead.

MN Probate | Valid Will

Not every will is actually valid. As much as you may want the will that you’re working with to be automatically validated, the court still needs to decide that.

Not only do they decide who can and can’t be the executor, personal representative, or administrator, they also determine whether or not the will itself is actually valid. Note that just as not everything in writing is true or accurate, a will might not be valid as well.

Factors surrounding the will need to be taken into account. When in doubt, get help. Otherwise, you might end up not being able to use the will whatsoever.

MN Probate | Necessary Documents

Getting back to applying to be an administrator or whatever it’s called in your state, you must have all of the necessary and valid documents. You need the will and then some. Thankfully, one of the documents is the application itself.

So, as long as that’s successfully completed and in your possession, you should just need the will and a death certificate. If you don’t have those already, you’ll need to obtain a copy of both. Without them, nothing can move forward.

Concerning the death certificate, the court must have solid evidence to ensure that the deceased has actually passed on. As a side note, double check where you apply to. Your application shouldn’t go to just any probate court. Find the probate court that presides over the country of where the deceased lived during the time of their passing. That’s where you send your application to. When in doubt, get your facts straight with the county.

MN Probate | The Property Itself

Once the actual process has begun, it’s about time to deal with the deceased’s assets and property. This stage is threefold, starting with identifying the property and assets, followed by classifying them, and appraising them.

The actual distribution happens at a later point in time. For now, what the deceased owned must be gathered and organized. Until everything is properly accounted for, no one can get anything. Then, once the property has been all rounded up, an appraisal needs to happen. The goal of the appraisal is to find out the cash value of non-cash assets. The process will not affect or apply to any bank accounts.

MN Probate | Debt Begone

It would be nice to leave behind all your assets to your heirs. However, debt is what might be standing in your way. This is why the appraisal process occurs, to see how much money the property is worth when debt remains. Remember, you can’t take your property or your debt with you.

The debt must be dealt with somehow. And if your house is what fills in the debt hole, your heirs might not get the home. This should go without saying, but if you can, get rid of your debt while you’re still on the Earth.

That means if you take a loan out on a car, but it’s not paid off, your heirs might not see it anyway. Debt doesn’t let you keep everything. Debt must be paid off in some manner. The biggest blessing to your offspring might not be a new house but one that doesn’t cost a cent.

MN Probate | Added Assistance

Let’s not make the probate process anymore difficult. Instead, take a step that makes things easier by consulting the law firm of Flanders Law Firm LLC for some assistance.

You need lawyers who can help walk you through probate law.

All you have to do to start the process is ask for a free initial consultation by calling 612-424-0398. Whether you have more questions concerning the above questions or you just want general help, they should be right beside you to assist you on your journey.