What is Probate?Probate is the legal process required to validate and administer one’s will and remaining estate upon their death. Probate is the final ruling in determining how to distribute one’s remaining assets. Typically, the probate process is much quicker when one has a clear written will. In this case, the will only needs to be evaluated to ensure it is valid and filled out appropriately. Without a will, the process usually drags on longer, as the probate court must figure out how to distribute remaining assets and make decisions that a will would otherwise determine. However, even with a will, probate is often still required.
Probate in MinnesotaIn Minnesota, probate is required if one’s remaining estate is over $75,000 in value and/or they were the sole owner of real estate property. In addition, the person must have resided in Minnesota at the time of their death. If they were not a Minnesota resident, probate could still be filed as long as they had owned property within the state. Typically, the probate proceeding application must be filled out within three years of death. After the probate is initiated, it may be continued either formally or informally.
Formal vs. Informal ProbateIn an informal probate, the application is not taken by a judge. Instead, it is overseen by a probate registrar that either accepts or rejects the probate application. In formal probate, the process can take a bit longer. The probate application is filed with the District Court, and a judge makes final determinations regarding one’s remaining estate. Formal probate is necessary when there are more complications regarding a will. For example, when there is a disagreement between heirs or beneficiaries, when minors are set to receive an inheritance, or when a will is particularly unclear. The probate is then, taken to court in a formal probate proceeding. These proceedings may be supervised or unsupervised by a court that would approve decisions regarding the probate. It is best to have an experienced and trusted attorney to help you through the process.
How can we help?
Regardless of the type of probate that will be held, it is recommended to work with an experienced attorney to ensure everything goes smoothly. Probate applications must be filled out carefully and accurately, so an attorney can help ensure you don’t miss a step. Likewise, when taking a probate filing to court, it’s beneficial to have an attorney’s trusted advice when convincing a judge to make decisions in your best interest. With over 40 years of experience in law, Paul Jeddeloh can help with any of your probate needs.
Experienced, Trusted, and Compassionate Attorney
Attorney Paul Jeddeloh is dedicated to your case. He is an attorney that has provided compassionate and trusted estate representation for over three decades. Paul has the experience to protect your loved ones in their time of need. Contact Paul Jeddeloh, a top-rated estate planning and elder law attorney to help in your future plans.