Probate



Minnesota Probate Lawyer

The word “probate” scares some individuals because they know it is a process that can lengthen the distribution of assets and it can also be rather confusing. This is a time when it is very important to have a Minnesota probate attorney working with you. This helps relieve a great deal of the confusion and helps the process move along as smoothly as possible.

The Probate Process

When an estate goes into probate, it is a way that the court or registrar makes specific legal decisions and finding about the estate. These findings include:

  • When the decedent died
  • Whether or not the decedent lived in Minnesota or owned property within the state
  • Whether or not the decedent had a last will and testament in place
  • Whether or not the will named a specific person to act as the personal representative of the estate
  • The identifiable heirs of the estate

Probate may proceed formally or informally. When proceeding formally, the judge will make the aforementioned determinations. If it is to proceed informally, the then country registrar has the ability to probate the estate. Your Minnesota lawyer can help you decide whether or not the estate needs to be probated informally or formally.

Personal Representative

The personal representative is appointed by the court to administer the estate. The personal representative is usually a relative who can pay bills of the estate and collect any debts that are owed to the estate.

There are times when the will will designate the representative. This can make things easier, but it is not required. If there is no will, then the spouse, heirs, and devisees have the right to claim priority as representative of the estate or they can nominate someone to take the responsibility.

Nonetheless, the court can decline the appointment of a nominated individual. This is rare, but the court can overturn the decision if it is found the designated representative is not fit to perform the duties of the estate.

Estate Inventory

An inventory of the estate must be taken. This means that all liabilities and property must be accounted for. The inventory is a very important document and it is also easy for you to become overwhelmed with it. Your attorney can assist you through the inventory process, which is well worth the cost. This is because the inventory must include all real estate owned by the decedent in Minnesota, stocks, mutual funds, treasury bills, bonds, notes, savings, municipal bonds, corporate investments, and any other investments. It also includes mortgages, bank accounts, promissory notes or other notes, liens, etc. Even household goods need to be accounted for. With the help of your attorney, this process can be more organized so it is not as overwhelming.

Contact A Minnesota Probate Attorney

Probate can be a complicated and confusing process. Fortunately, when planning your estate, you can take measures to keep your estate out of probate. If you are someone who has to face the probate process, Kyle Bailey and his staff can help you. To get started or find out more about how your specific situation can benefit from legal assistance, call 763-541-0320 for a free consultation.