Whitlock ReyesAttorneys at Law
Free Consultation

Probate And Estates

Probate Attorney In Minneapolis, MN

Home · Probate · (555) 014-2200

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.

A city skyline over a river at golden hour

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

Portrait of Marguerite Whitlock, a woman in a navy blazer

Practice Areas

Probate Options

Three Routes,One Attorney.

A dining table at golden hour with a folder of papers, house keys and reading glasses

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 Details
An empty county courtroom with wood benches and morning light through tall windows

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.

See Details

Who It Is For

Who Does ThisHelp?

Related pages

A dining table at golden hour with a folder, keys and reading glasses, autumn maples beyond the porch

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

A stone courthouse colonnade in early light
01

Open the estate

The will, if there is one, is filed with the court and a personal representative is appointed.

02

Notify and collect

Creditors are located and notified, and the assets are gathered: real estate, accounts, vehicles and personal property.

03

Protect the home

The family home often follows its own rules on who inherits and on creditors, so it is identified and handled separately.

04

Pay and resolve

Valid debts, expenses and taxes are paid, and any IRS issues are dealt with.

05

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.

A meeting table in a law office with folders and daylight from a tall window

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.

A quiet law office waiting room with two armchairs

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.

A lamplit desk with law books beside a window onto a snowy street

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.

Two people talking across a bright office table in daylight

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.

A desk with paperwork spread out, a legal pad, a pen and a mug by a window

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) 014-2200

Do 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
Portrait of Marguerite Whitlock, a woman in a navy blazer Marguerite Whitlock Name Partner, Minneapolis (555) 014-2200 See the practice areas

Sending this form does not create an attorney-client relationship.

Thank you. This is a demonstration site, so nothing was sent and no one will call.

Free Consultation

Start With OneStraight Answer.

Fifteen minutes on the phone is usually enough to know where you stand, and the first consultation is free.