Many of the people who contact the law firm have questions about starting a probate in Minnesota. The simple answer is that an attorney must be hired and that certain intake questions must be filled out by the proposed personal representative.
The Personal Representative
The personal representative, often referred to as an “executor” or “executrix”, is the person nominated in the will to serve the estate and the other heirs. If there is no will the law in Minnesota tells us that children have equal priority to serve as personal representatives. This means that the deceased person’s children may each serve or that the children may come to an agreement on who serves as the personal representative
Starting a Probate in Minnesota
As stated above, the personal representative should contact a experienced and qualified probate attorney. The attorney will typically have an intake form asking personal information about the deceased, their heirs, and the creditors of the estate. It is very important to have accurate information gathered because this information will be the building-block for the entire case. The law firm has had many instances in which an heir had the wrong address listed and it was difficult to communicate with them due to this. The personal representative’s job is often difficult, tedious, and not something most people are used to.
The Probate Petition
Once the personal representative and the attorney work together to gather all necessary information, the attorney will begin drafting the necessary paperwork to get into court and have the court issue “letters testamentary” or “letters of general administration” to the personal representative.
The personal representative has to meet certain qualifications and follow certain laws prior to being appointed by the court. The personal representative will not receive the letters testamentary or letters of general administration until the proper legal steps are followed.
The most important provisions of the petition are to identify the deceased, the heirs, and creditors. Next, the personal representative must submit the petition to the proper County District Court. Finally, the personal representative must publish notice in the newspaper and give written notice to all interest interested parties.
What are interested parties? Minnesota law defines interested parties as any person who may have a claim to assets of the estate or debts of the estate. The persons having claims to assets of the estate are often thought of as the “heirs”. The people having claims against the debts of the estate are often referred to as “creditors”. Each of these categories have specific laws and rules that apply and a probate attorney should be consulted to interpret the law.
The initial probate court hearing
Once the proper probate information is gathered, an attorney is hired, and the proper steps are taken in the probate petition, the personal representative will have to attend a court hearing in the County District Court. The County District Court rules pertaining to what happens at a court hearing are different for each county. This can be very frustrating for most people – and many attorneys. The law firm has experience working with the different court rules in each county in the different judges in each county. This experience can be invaluable to quickly and efficiently start and finish a probate estate.
Questions about Starting a Probate in Minnesota?
Contact Flanders law firm LLC for a free initial consultation about starting a probate in Minnesota. The law firm has experienced attorneys who know the ins-and-outs of the probate law and how to commence in the probate and get it done. Call the firm today at 612-424-0398.
