Questions about the Minnesota requirements to probate a Will?
Read on for an article of what exactly this Minnesota “probate” process is, what it entails, and what the requirements are.
Minnesota, like many other states, relies upon it’s own particular version of The Uniform Probate Code. What is this code? Basically, it is a uniform, “model”, code that lawyers and professors use throughout the United States to regulate how the administration of a persons estate moves through the legal system upon that person’s death.
Minnesota’s code is, generally, codified under Minnesota Statute, chapters 524 and 525. There are other probate code laws in Minnesota, but this set of statutes follows many of the dictates of the Uniform Probate Code.
What is the probate code for?
As stated in the statute, the purpose of the Minnesota probate code is to:
- Make simple and add clarity to probate law as it concerns the affairs of a deceased person, missing persons, minor (underage) persons, and other “incapacitated” persons
- A process to find-out the intent of a deceased persons as it relates to the distribution of their property
- A legal system to encourage the speedy and efficient liquidation of the deceased persons estate – including all assetsand debts
- Have a codified legal system that makes sense across multiple jurisdictions (states in the United States)
Minnesota Probate Law
Minnesota has an interest in ensuring that its citizens have a fair, just, and efficient system that enables people to move through the legal system when a loved-one dies. Some people may take issue with how long the probate system takes, but the system has been around for centuries.
In particular, similar to the general goals above, Minnesota wants to ensure that:
- the estate is probated to assure the payment of taxes which may become due
- the estate is probated to ensure payment to creditors of money owed by the decedent
- the estate is probated to protect the surviving spouse and certain members of the decedent’s family
- the estate is probate to ensure the compliance with the decedent’s last known wishes as contained in his/her Minnesota Will
- the estate is probate to uphold the laws related to “intestate” administration or when someone dies without a Will.
Requirements to Probating a Will
With the above information out of the way, it is important to know that a Minnesota court will need to approve a person’s “petition” to probate the deceased person’s Will.
Below are the general requirements of probating a Will in Minnesota:
- make sure the Will is valid
- discover the decedent’s debts and assets
- ascertain the decedent’s last known residence and “domicile” in Minnesota
- draft the required Petition to be appointed “personal representative”
- file the Petition and other required legal documents in the appropriate court of jurisdiction
- give written notice to all known and discoverable creditors and publish notice in a newspaper in the decedent’s county of residence
- hold a hearing to appoint a personal representative
- file the correct notice pleadings and affidavits with the court to show that the law has been followed
- pay the correct court filing fees and costs
The above is only the general process. There are many other requirements of the law which must be followed. It is difficult to give a full synopsis of the “probate process” requirements other than those listed above. For further detailed information, a probate attorney should be consulted.
Trying to go through the probate process without an attorney can be very dangerous. Personal liability can attach to the personal representative’s personal assets if the law is not followed.
Minnesota Probate Attorneys
Joseph M. Flanders and Flanders Law Firm LLC have years of experience working on all requirements of probate a Will in Minnesota. The Minnesota probate attorneys at the firm have worked with all kinds of estate – both big and small. The attorneys also have experience working with people of all different levels of knowledge. The process isn’t simple and it should be done correctly.
Call today for your free initial consultation at612-424-0398.
Isn’t it the lawyer’s job to make sure the children of the deceased are notified of the probate hearing and to make sure they all get a copy of everything that was paid from the estate?
A married couple owned a home and land together in Rush City, MN. The each had a couple kids each from different relationships. Both passed way within the same year. There was no Will, nor any documentation stating what should go to who, and most especially, the house and property. The Bank does not know they are both dead. Taxes are behind two years, and bills are not getting paid or the kids are arguing who is going to pay them. The kids have agreed to let their sister be Administrator. I wonder how we initiate that process. It’s a very small estate, the house is a wreck, but the land is worth the marketable price. There was a mobile home that one of the kids sold. The title was in the decedent’s name. Cars, jewelery, and other items have been stolen, etc. Thank you for helping me. I am a paralegal and trying to help my friend.