Petitioning to Become an Executor of an Estate
To try and petition to become an executor over a Minnesota probate law case isn’t unheard of. If you don’t try to fill the role, the court will probably try to find someone else eventually.
Either the probate court will find a candidate or someone will step into the role. This isn’t a position n that you can simply jump into and start filling. There’s petitioning for the role and also getting the court’s approval to start overseeing things.
Be prepared for other people connected to the case may have higher priority than you, save for the chance that you’re the deceased’s spouse. You probably don’t only need to please the court to get their permission, but you may also find that you have to come to terms with your own family. Permission is a huge part of this ordeal.
Minnesota Probate | Priority Check
Someone could want to serve as executor of the estate, but the concern may truly lie in who has priority to serve in this capacity. Family almost always gets top priority to get this role. States can have say in who gets the highest priority, too, making it so that some members have higher priority than others.
Not everyone may be equal in this situation. The general standard throughout these fifty states is that the spouse of the deceased maintains top priority regardless of their residence. From there, the list tends to descend to immediate family, allowing for adult children, parents, brothers, and sisters to have their chance to assist.
Should you want to assist as an executor, you should work hard to figure out who has priority over you. They may or may not allow you to serve, preventing you from moving forward, regardless of your priority.
The issue, moreso, may lie in coming to an agreement of who should serve as executor. This rings true for people with higher and lower priority, as beneficiaries might want to have say in who manages the estate or you might need someone else’s permission before you can officially serve. Working towards harmony may make things easier.
Minnesota Probate Missing Will
There are probate cases where no will exists or no will proves to be valid, and there are cases where the probate court doesn’t approve of who the will named as executor. All three of these circumstances will probably result in the court wanting someone to become the executor in the desired executor’s place. Not naming an executor in the will, to say nothing of not making a will in the first place, leaves the deceased without any real say in the matter. They’ve potentially abandoned their right to make a statement over the issue at hand.
The will can be the whole deciding factor whether or not you can be an executor. Yes, you must get permission from the court, but the will is what everyone should be trying to complete.
Not having a will involved in the case may mean that the role of handling the estate is open to anyone, but if a will exists, you may have to wait and see if the court approves of the executor named in that will. You can see if you can find out who the will names as executor, and in the case it leaves such information out, that might be your opportunity to seek to take care of things.
Minnesota Probate Petition
Assume that the court wants to do less work. So, if you’re planning on being the executor of the estate, get ready to do the petitioning for the position on your own.
You can ask for advice, but you might need to carry out the labor. Don’t attempt anything till you’re certain that you have permission from anyone else who has higher priority than you. For all you know, they could find you at the courthouse the same day that you’re going into petition, and you may learn that they’re seeking the same role as you. Anyone who retains higher priority might take advantage of their priority and prevent you from taking what may belong to them.
Before you go, moreover, make sure you call in advance to find out what kind of things you need to bring. Plan on bringing cash for a filing fee and supply your own paperwork to support your request. That said, you may also need to check your calendar to set up a hearing for this petition. Yes, you may need to have a hearing before you can really start this case.
Though, prior to assuming that might be all of what you need, double check to see if you need to also petition for probate. You might find yourself making two different petitions for one case so that you can become the executor.
May Not Change Things
Your duties and powers will probably be the same regardless of how you were appointed. An executor is still an executor, and even if you were hand-picked by the court, that doesn’t mean that you’ll have complete freedom. The court is hoping that you’ll do the right thing and make the best judgment calls.
You’re still trying to please them, acting out this role because the court has been gracious enough to grant you this freedom. A favor to them this might be, but that doesn’t mean they won’t be willing to find someone to replace you. Plan on pleasing the court, the deceased, the beneficiaries, and the creditors.
You definitely can’t try to do anything that will greatly impact the estate before the court appoints you to become an executor.
Taking out insurance to help cover the home in the owner’s absence is understandable. It’s when you give something away or sell stuff off that things can get troublesome. Assume that even if you have high priority, you’re still waiting for the court to approve your petition. Never forget that the situation may well be that the court didn’t like the executor which the deceased appointed in their will. If their attempt failed, try your best so that you succeed. Realize that your role is probably as replaceable as theirs. That said, don’t be surprised if you face a similar fate should you try to replicate their failures.
Minnesota Probate Lawyers
For you to pursue the role or an Minnesota probate executor or for you to help someone pursue that role, you should make sure that you have every ally that you can get on your side. You should be laboring to work against the opposition. You want to win the metaphorical battle, but you need to assume that you still need to work through the whole of this probate case after this small skirmish has ended.
Ally yourself with a MN probate lawyer from Flanders Law Firm LLC.
You want to have a team to help you with the challenges that lie ahead of you. This might only be the start of dealing with unknown treasures and learning to tackle new difficulties, but here’s to you overcoming the hills in front of you.
Start your jouncy by dialing 612-424-0398.
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