Probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person’s property under a will. In a probate matter, the person who has died is called the “decedent,” and his or her property is called the “estate.” Usually, a decedent’s debts are paid from the estate and any property remaining is divided among heirs or beneficiaries, according to a Will or according to state law.
Your personal representative is responsible for “probating” your will. If you have no will or did not name a personal representative, the court will appoint one for you.
Probating a will begins by filing an application with the probate court. Probate ends when all debts and taxes are paid and all assets are distributed. If there is disagreement over your will, a probate judge will resolve the differences.
Your personal representative starts a probate proceeding by filing an application or petition with the probate court in the county where you lived at the time of your death. Probate proceedings in Minnesota may be either formal or informal, and generally must be initiated within three years after the decedent’s death.
Probate is not always necessary, but in some situations, probate may be required. Probate may be preferable when your estate must pay debts, claims, or taxes, or if you anticipate disagreement over dividing the estate.
Probate is an area of the law that demands a high degree of care. The services of an elder law attorney may be needed in order to correctly probate an estate.
The attorneys of Your Family Guardian are respected estate administration attorneys in Minnesota. They have a reputation for bringing contested estate cases to a satisfactory and timely conclusion. Talk to us.
At Your Family Guardian, our lawyers provide a full range of estate planning, probate administration and contested estate litigation services to clients in the Minneapolis-St. Paul area. Our practice includes the drafting of wills and codicil, the preparation and establishment of both revocable and irrevocable trusts, asset protection, management of estate tax considerations, and a great deal more.
In all cases, whether we are simply revising a will for one of our clients, or representing the legitimate heir to a large estate in litigation, building long-term relationships with our clients is critical to our practice and critical to effective estate planning as well.
For assistance, contact an experienced Minnesota litigation lawyer at Your Family Guardian law firm. We represent clients throughout the Minneapolis-St. Paul metropolitan area including Edina, Plymouth, Bloomington, and St. Louis Park, Minnesota. Contact us at 612-710-2009.