Do you have questions about what to expect from a Minnesota probate hearing? Read on for more information.
The basics of a Minnesota probate hearing
After the Petition for a probate estate administration has been filed with the proper county court, an Order for hearing is issued by the court. This Order must be given to all “interested parties” of the estate. Who are the interested parties? The heirs, creditors, personal representative, and any party listed in the deceased’s Will.
Normally, the hearing consists of the swearing in of the proposed personal representative and the taking of his or her testimony. The personal representative will have to swear to all of the information that was contained in the initial, verified probate Petition. This is likely the document that was prepared by the attorney on the behalf of the personal representative. The information in the Petition pertains to who the deceased was, why a probate is necessary, and other appropriate information to give the court the ability to understand what is going on and to issue an order approving of the estate.
At times, each probate court has their own specific “local” rules that govern when, why, where, and how a probate hearing will take place. The probate lawyer will always review these rules prior to a hearing.
If the petition is allowed by the probate judge, the court will issue an Order appointing the proposed personal representative to administer the probate estate. There may be other issues in the Order such as whether a bond is required or naming specific “missing” information. After an Order has been entered, the Letters Testamentary or Letters of General Administration (which means the deceased did not have a Will) can be approved and issued by the court clerk.
Certified copies to the Letters should be obtained by the court. The Letters give the personal representative the “legal authority” to administer the estate. Therefore, these certified document are very important to allow the personal representative to move forward. Normally, after the Letters are issued, the personal representative will have all the powers to administer the estate as outlined by Minnesota Law.
Minnesota Probate Attorneys
Joseph M. Flanders and Flanders Law firm LLC is an experienced Minnesota probate lawyer in Dakota County, Minnesota. Mr. Flanders has worked with personal representatives from many different backgrounds and skill levels to complete a Final Accounting and close out the estate.
For further information, contact the firm at 612-424-0398.
