Understanding Minnesota Probate: An Introductory Guide
When a loved one passes, the days and weeks that follow can bring a lot of questions. Along with taking care of your own family, personal matters, and work, you may find yourself wondering what happens to a home, bank accounts, bills, or other property that was seemingly left behind.
For many Minnesota families, this process may seem overwhelming, but it becomes much more manageable when taken one step at a time.
What Is Probate?
Probate is the legal process used to settle an estate through the court system. It may include identifying and collecting property, addressing debts and expenses, and ultimately distributing assets to the appropriate beneficiaries or heirs.
Not every estate needs to go through probate. Some assets may pass directly to another person through a beneficiary designation, joint ownership, or a trust.
Whether probate is necessary depends largely on what the person owned and how those assets were titled at the time of death.
Where Should You Start?
When you are ready, a good “first step” is to locate the last estate plan that was prepared. During this time, a common question that many people have is what happens if there is no estate plan or the estate plan in question cannot be found. My response is straightforward - don’t spin your gears determining what-if scenarios on your own (and don’t try to solve it solo on the internet either).
So, If There Is a Will?
A will provides instructions for how certain property should be distributed and often names an individual to handle the estate. In Minnesota, that person is called the personal representative of an estate.
Having a will does not necessarily mean probate can be avoided. The need for probate again depends on the assets involved and how they were owned. If someone dies without a will, Minnesota law provides rules for determining who inherits the estate.
What Does a Personal Representative Do?
The personal representative is responsible for guiding the estate pursuant to Minnesota law.
Depending on the estate, the personal representative may be required to gather and protect assets, respond to notices, address bills and creditor claims, keep financial records, distribute assets, and eventually close the estate.
If you have been named personal representative and are unsure what to do, that is understandable! Most people have never administered an estate before.
How Long Does Probate Take?
There is no single timeline for probate in Minnesota, but realistically, it may take several months to over a year.
If you are wondering how that can ever be possible, it is because Minnesota law has strict timing requirements for court filings, real estate distribution, debt and expense resolution, and resolving family disagreements.
The important thing is to approach the estate carefully rather than feeling pressure to resolve everything all at once.
Finding the Right Next Step
Start with what you know and do your best to not get caught up in the what-ifs… which is way easier said than done. I would encourage you to call and schedule an appointment with me when you are ready - I’m here to listen and help for each step along the way.
Sincerely,
-Nate Kennedy, JD, MBA
About the Author
Nate is the founder of NK Law PLLC, and proudly serves clients in Rochester and throughout Minnesota.
NOTE: This blog post is for informational purposes only and does not constitute, nor is it intended to provide, legal advice. Reading this content does not create an attorney-client relationship.
For advice specific to your situation, please call to make an appointment with Nate.