Get a Secure Inheritance Loan, usually within 72 Hrs if you’re an Heir or Beneficiary of an Estate in Minnesota, in Probate or Trust
If you are currently dealing with, or about to deal with, the Minnesota state court system with respect to a probate or estate issue – the following information should be helpful to you.
Probate law governs estate matters when someone who, such as a family member or other loved one, passes away. These laws insure that creditors are paid properly and that assets are distributed correctly to the “heirs,” or the descendant(s) of the estate.
What is the purpose of Probate? Probate is the legal process that deals with estate assets and property, with regard to heirs and creditors. Probate begins with a “petition” to open the estate and name a personal representative who is responsible for the administration of the deceased’s property.
The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
Minnesota Probate Law
Probate in the state of Minnesota requires that the people managing your estate and inheritance matters are well aware of exactly how probate should be conducted, with regard to state probate regulations, deadlines and written executions.
In Minnesota it is essential to have a good grasp of all issues associated with descendents of any decedent.
This becomes especially critical if you, or anyone in your family, is scheduled to receive an inheritance, as a share of the [your] estate in probate; which can involve a variety of assets or real property. In the state of Minnesota the surviving spouse of the decedent is allowed “the right to election”. Your probate attorney will of course understand all the details associated with this issue.
All parties dealing with the probate process in the state of Minnesota must be very familiar with the manner in which wills should be written, always in strict compliance with Minnesota state probate law and formal state statutes. Honoring strict deadlines for filing probate court documents and scheduling appointments with essential probate parties are some of the critical duties falling on the shoulders of the estate’s personal representative. Minnesota enforces many time-frame and deadline limitations on the personal representative and other parties involved in the probate process, such as creditors, surviving spouses, and claimants.
Another important inheritance issue to understand, when undergoing Minnesota probate, is that the descendents of the decedent are all permitted to a share of the estate that is equal to the share of the other living descendents of the decedent. In other words, all of the children of the decedent get an equal share, as an inheritance, of the estate in probate. Obviously, this is quite important when there are many children, or siblings, involved.
The surviving spouse of a decedent, under Minnesota probate law, has “right of election”, meaning he or she can claim their share of the estate left by the decedent – only, however, as long as he or she remains alive, as stipulated by the will. This is very important, as the inheritance of the spouse is usually the lion’s share of the estate.
Wills, under Minnesota probate law, have to have been executed in written form, and must be signed by the testator, or another person who can attest to the signing and to the fact that the testator fully agreed to the particular will execution in question. All wills written and executed in the state of Minnesota, in order to be deemed valid during probate, must be signed by parties who have witnessed the testator’s signing of the will document. These parties can be either “interested” parties, or “disinterested” parties. Appraisers of the estate and its’ various assets must also sign off on their involvement.
Hiring a probate lawyer who is familiar with Minnesota probate law will be invaluable to you. Your probate attorney should, in fact, be there through the entire probate process to insure the inheritance process is being handled properly. We do not advise going through Minnesota probate alone!
Minnesota Probate Resources
Minnesota has no separate probate court. The District Court has jurisdiction over estate, juvenile & mental health issues.