Minneapolis Probate Lawyers
Serving Clients in Minneapolis, St. Paul, and Throughout Minnesota
We have compassionately assisted many families with the probate process.
When a loved one passes away, their estate often goes through a court-managed process called probate, where the deceased's assets are managed and distributed. The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court.
At Guttman Law, PLLC, our attorneys understand how emotionally complex and legally challenging probate can be, and we’re here to help guide you every step of the way.
What is Probate?
Probate is a formal legal process required to transfer the assets of a deceased person to their beneficiaries or heirs. This process is supervised by a probate court, ensuring that the estate is settled correctly, debts are paid off, and remaining assets are distributed appropriately.
If the deceased owned their assets through a well-drafted and properly funded living trust, a formal probate process may not be necessary. Instead, the successor trustee oversees the management and distribution of the trust’s assets.
The timeframe for completing probate varies depending on factors such as the size and complexity of the estate, as well as court scheduling. On average, probate can take anywhere from 9 to 18 months if no litigation or disputes arise.
The Steps of the Probate Process
The probate process is unique to each estate but generally involves the following steps:
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Filing a Petition with the Probate Court: A petition must be filed with the appropriate court to begin the process.
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Providing Notice to Heirs and Beneficiaries: All heirs under the will or statutory heirs (if no will exists) are notified of the proceedings.
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Appointing a Personal Representative: The court appoints a personal representative (executor or administrator) to manage the estate.
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Inventorying and Valuing Estate Assets: A complete inventory of the deceased’s assets is compiled and appraised.
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Paying Estate Debts: Debts and final expenses, such as funeral costs, are paid off using estate funds.
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Selling Assets as Needed: If necessary, estate assets may be sold to cover debts or make distributions.
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Paying Estate Taxes (if applicable): Any applicable estate or inheritance taxes are calculated and paid.
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Distributing Remaining Assets: The remaining estate assets are distributed to the beneficiaries according to the will or state law.
Probate FAQs
Q: What Happens If Someone Objects to the Will?
An objection to a will, also known as a “will contest,” is a fairly common occurrence during probate proceedings. This conflict can be incredibly costly to litigate.
To contest a will, one has to have legal “standing” to raise objections. This usually occurs when, for example, children are to receive disproportionate shares under the will, or when distribution schemes change from a prior will to a later will. In addition to disputes over the tangible distributions, will contests can be a quarrel over the person designated to serve as personal representative.
Q: Does Probate Administer All Property of the Deceased?
Probate is primarily a process through which title is transferred from the name of the deceased to the names of the beneficiaries. However, certain types of assets are "non-probate" assets and do not go through the process.
"Non-probate assets” include:
- Property in which you own title as “joint tenants with right of survivorship.” Such property passes to the co-owners by operation of law and does not go through probate
- Retirement accounts such as IRA and 401(k) accounts where there are designated beneficiaries
- Life insurance policies
- Bank accounts with “pay on death” (POD) designations or “in trust for” designations
- Property owned by a living trust. Legal title to such property passes to successor trustees without having to go through probate
Q: Do I Get Paid for Serving as a Personal Representative?
Personal representatives are reimbursed for all legitimate out-of-pocket expenses incurred in the process of the management and distribution of the deceased’s estate. In addition, you may be entitled to reasonable fees for your services, which vary from location to location and on the size of the probate estate. The personal representative must fulfill their fiduciary duties on behalf of the estate with the highest degree of integrity and can be held liable for mismanagement of estate assets in their care. It is advised that the personal representative retain an attorney and an accountant to advise and assist them with their duties.
Q: How Much Does Probate Cost? How Long Does Probate Take?
The cost and duration of probate can vary substantially depending on a number of factors, such as the value and complexity of the estate, the existence of a will, and the location of real property owned by the estate. Will contests or disputes with alleged creditors over the debts of the estate can also add significant costs and delays. Common expenses of an estate include personal representative fees, attorney fees, accounting fees, court fees, appraisal costs, and surety bonds. These typically add up to 5-7% of the total estate value. Most estates are settled through probate in about 9 to 18 months if no litigation is involved.
Q: How Do I Start Probate?
Probate requires that the person applying to be named as the personal representative (also referred to as the executor) file a probate application with the Probate Registrar. A Probate Registrar is the person(s) who have been designated by the Probate Court to review all probate applications and make certain decisions and recommendations as to whether the application will be accepted or if additional steps need to be taken.
Q: What Is Required to Start the Probate Process?
The Probate Registrar will meet with the person seeking to be appointed as a personal representative and review the required probate paperwork. There are many steps that need to be taken in probate both before and after a meeting with the Probate Registrar.
Q: Do I Need to Use an Attorney to Start Probate?
Having an experienced attorney assist you can help make the probate process move in a more timely and efficient manner. An informal and unsupervised probate may take between 4 and 9 months to complete, while a more complex probate may take years to complete.
Why You Need Legal Assistance for Probate
Navigating probate on your own can be daunting and overwhelming. From filing documents to managing assets, the legal and financial stakes are high. Hiring knowledgeable legal professionals allows you to focus on grieving and supporting your family while we handle the intricacies of estate administration.
At Guttman Law, PLLC, we are committed to providing every client with compassionate, personalized service.
If you would like to discuss your situation, please contact our firm for a free case evaluation.