Probate 

After the loss of a loved one, distributing the assets and taking care of any debts of the deceased can often be an overwhelming procedure for many people. We are here to help. We can handle all aspects of estate administration and probate so you can properly grieve and focus on more important tasks.

 

What is Probate?

Probate is the legal proceeding where the court oversees the administration of a decedent’s estate, the payment of estate taxes and creditors’ claims, and the distribution of the remaining assets. If there is a will, the assets will pass to those named therein. If there is not a will, the assets will pass to one’s legal heirs as determined by Minnesota state law.

 

What is the Probate Process?

The probate process begins with the executor of a will filing a petition with the court to “open” the probate. If there is no will, anyone with an interest in the estate may petition the court to become the personal representative. If more than one person seeks to become the personal representative, a court hearing will be held to determine who should do it. Once the probate is opened, the court provides documentation that the personal representative/executor has authority to act on behalf of the estate to open accounts, locate assets, transfer them to the probate estate, and in some cases, sell assets.

 

How Long Does the Process Take?

Due to state laws that determine how long assets must be held, hearings and a congested court system, probate in Minnesota usually takes between 12 to 16 months. However, not all probate actions are exactly identical. More often than not, the larger the estate, the more involved the process.