Probate & Estate Planning Attorney In The Twin Cities

Wills and Intestate Succession: A will is a legal document that allows individuals to specify how their assets should be distributed after their death. In Minnesota, for a will to be valid, it must be in writing, signed by the testator (the person making the will), and witnessed by at least two people. If a person dies without a valid will (intestate), Minnesota’s intestate succession laws determine how their assets will be distributed among their heirs.

Probate Process: Probate in Minnesota is a court-supervised process that involves validating the will (if one exists), appointing a personal representative (executor), and overseeing the administration and distribution of the estate. The probate process generally follows these steps:

a. Filing Petition: A petition is filed with the district court in the county where the deceased person resided at the time of their death. The court examines the will and appoints a personal representative to handle the estate.

b. Notice to Interested Parties: Notice of the probate proceeding is provided to the heirs, beneficiaries, and creditors. Interested parties have the opportunity to raise objections or make claims against the estate.

c. Inventory and Appraisal: The personal representative prepares an inventory of the deceased person’s assets and obtains appraisals of the assets, if necessary.

d. Debts and Taxes: The personal representative identifies and pays the estate’s debts, taxes, and administrative expenses using estate assets.

e. Asset Distribution: Once debts and taxes are settled, the remaining assets are distributed to the beneficiaries according to the terms of the will or the laws of intestacy.

Small Estate Administration: Minnesota provides a simplified probate process for small estates. If the total value of the estate is $75,000 or less, excluding the value of the homestead, the estate may qualify for a simplified procedure called “informal probate” or “small estate administration.” This process is typically faster and less formal than regular probate.

Homestead Rights: Minnesota law protects the rights of surviving spouses and children regarding the homestead property (the primary residence of the deceased person). Special provisions apply to homestead property, which may impact its distribution and sale.

Non-Probate Transfers: Certain assets are not subject to probate and can be transferred directly to beneficiaries without court involvement. Examples include assets held in joint tenancy with rights of survivorship, payable-on-death (POD) accounts, and assets held in living trusts.