Probate Administration
Probate administration is the work of settling an estate through the court: collecting the assets of the person who died, paying their debts and taxes, and distributing what remains to the beneficiaries.
See DetailsProbate And Estates
Probate Attorney In Minneapolis, MN
Probate is the court process that proves a will, appoints a personal representative, pays the estate's debts and taxes, and passes what is left to the people entitled to it. It is governed by state law and handled by the court in the county where the person lived, which for most of our clients means the Hennepin or Ramsey County courthouse.
How It Works
What Is Probate, AndDo You Need It?
Whitlock Reyes LLP handles probate administration and probate litigation from Minneapolis, and a large share of the work comes from families who live somewhere else. The first call is a free consultation, and it works by phone.
Nobody plans to become an executor. Most people who call have never done it before, and that is exactly what the first conversation is for.
Marguerite Whitlock
Name Partner, Whitlock Reyes LLP
Practice Areas
Probate Options
Three Routes,One Attorney.
Probate Litigation
A court dispute over an estate, most often a challenge to a will. You cannot contest a will because you dislike it, but you can challenge it on legal grounds such as undue influence, fraud or lack of capacity.
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Out-Of-State Families
Settling a parent's estate is hard enough without a string of flights to do it. Much of the work can run through a local attorney, with the family kept informed and signing what needs signing from home.
Read About Out-Of-State EstatesWho It Is For
Who Does ThisHelp?
Out-of-state executors and beneficiaries.
If your loved one lived here and you have been named personal representative but live elsewhere, a local attorney can handle the court filings and the local work while you stay home. Whether a non-resident may serve depends on state law and is checked at the start.
Twin Cities families.
Families in Minneapolis, Saint Paul and the surrounding suburbs with an estate to settle and questions about where to start.
Heirs with a dispute.
If you believe a will is invalid or you were left out, the probate litigation page explains how a challenge works and how quickly the deadlines run.
Step By Step
What To Expect,Step By Step
Open the estate
The will, if there is one, is filed with the court and a personal representative is appointed.
Notify and collect
Creditors are located and notified, and the assets are gathered: real estate, accounts, vehicles and personal property.
Protect the home
The family home often follows its own rules on who inherits and on creditors, so it is identified and handled separately.
Pay and resolve
Valid debts, expenses and taxes are paid, and any IRS issues are dealt with.
Distribute and close
What remains goes to the beneficiaries under the will, or under the state's intestacy law if there is none, and the estate is closed.
In Detail
Probate,Question By Question.
What does probate actually do?
Probate has a reputation for being slow and costly, and people sometimes avoid it for that reason. It also does real work. It puts the whole estate into one supervised process, so the terms of the will are carried out and creditors, heirs and beneficiaries are dealt with in one place instead of one at a time. It gives creditors a set window to make claims, and it gives an heir who was left out, or a family member who suspects undue influence, a place to be heard.
Not everything goes through probate. Property held in a trust, certain jointly held assets, pay-on-death accounts, transfer-on-death deeds, and retirement accounts or life insurance with a named beneficiary usually pass outside it. Part of the first conversation is sorting out which assets need probate at all.
Which court handles the estate?
Probate is filed in the court for the county where the person lived at death. If the person lived in another state but owned real estate here, a shorter ancillary proceeding in the county where the property sits may be needed to pass title.
Whoever holds the original will should get it to the court promptly after the death, and the personal representative takes on formal duties from the day of appointment. Most estates also have a filing to make with the county recorder when real estate changes hands.
Informal or supervised administration?
Many estates can be handled through a simpler, largely administrative process when the will is clear and no one objects, and very small estates can sometimes be collected by affidavit without opening a probate case at all. Formal or supervised administration applies when there is a dispute, a question about the will, or a need for the court to watch each step. The probate administration page covers these routes in detail.
How does the law protect family property?
Several protections carry into probate. A surviving spouse and minor children often have rights to the family home, to certain household goods and to a family allowance during administration, and property a married couple held jointly generally passes to the surviving spouse without probate. Each protection has conditions and exceptions, so how they apply to a particular estate needs a closer look.
What should you bring?
The death certificate, the original will and any codicils or trust documents, a list of the accounts, property and vehicles you know about, recent statements, any bills or creditor letters, and names and addresses for family members and beneficiaries.
Out-of-state families can send copies first and arrange for originals later.
Questions
Questions AboutProbate.
When to call us
The first call is a free consultation, and it works by phone if you are out of state. You will learn which form of administration the estate needs, what your role asks of you, and what can be handled here without you making the trip.
(555) 014-2200Do I have to travel to handle probate here?
Not always. Many out-of-state executors and beneficiaries handle an estate through a local attorney without repeated trips. What your role requires depends on the estate and the court.
Is there a shortcut for small estates?
Often. Very small estates can sometimes be collected by affidavit, and an uncontested estate can usually run through a simpler, largely administrative process. The size and makeup of the estate decide which route applies.
What happens if there is no will?
State intestacy law decides who inherits, starting with a surviving spouse and descendants, and the court appoints a personal representative to administer the estate.
How does the law protect family property from creditors?
State law offers several protections for a surviving spouse and minor children, including rights in the family home and a family allowance. Each has exceptions, so how they apply to a particular estate needs a closer look.
How long does probate take?
It depends on the estate, the creditor claim period and whether anyone objects. An uncontested administration generally moves much faster than a supervised one with disputes.
Will the estate owe estate tax?
Most estates do not. A federal estate tax applies only to very large estates, and some states, Minnesota among them, have their own estate tax with a separate threshold. A final income tax return for the person who died may still be due.
Free Consultation
Tell Us What Is Going On.The First Call Is Free.
- A plain answer on the first call
- You speak with a partner, not an intake line
- Open weekdays, 8:00 to 6:00, or leave a message
Marguerite Whitlock