In Minnesota probate is the legal process for transferring assets from a deceased person (decedent) to heirs and beneficiaries. There are two triggers for probate in Minnesota. One is if you own real estate in your own name alone when you die. The second is if you own assets in your name alone that total more than $75,000 and those assets do not designate a beneficiary or payable on death designee.
If either of those situations pertain to you, or may pertain to you at some point, you should talk to an experienced Minnesota probate attorney to see if there are ways for you to avoid probate in Minnesota. In addition, if a family member or loved one has passed and has named you as a personal representative or executor of the estate, or died without a will, you should contact a probate attorney immediately to discuss the next steps.
A probate in Minnesota usually will take a minimum of six months, but can take as long as several years to complete, depending on the assets and the family dynamics. The typical steps of probate in Minnesota are listed below (this list is not exhaustive):
If you are named as a personal representative (executor) in a Minnesota probate you will have certain duties and obligations to beneficiaries. Some of the duties of an executor in Minnesota are listed below. Please note that this list is not exhaustive of every duty of a personal representative in a Minnesota probate:
Cause for removal of a personal representative exists when removal is in the best interests of the estate, or if it is shown that a personal representative intentionally misrepresented material facts in the proceedings leading to the appointment, or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of office, or has mismanaged the estate or failed to perform any duty pertaining to the office.
When it comes to serving as personal representative in a Minnesota probate, you should consult with a knowledgeable Minnesota probate attorney who has experience dealing with the intricacies of probate. It is not worth risking handling a probate on your own. Contact our office today for a free initial consultation for your probate proceeding.