Why probate? The main purpose of probate is to transfer ownership of property from the person who owned it, but has died (the decedent), to his or her heirs and beneficiaries. If there is no property to transfer, there is usually no need for probate.

Probate also allows any taxes and debts that are owed by the decedent to be paid, and it sets a deadline for creditors to file claims (this prevents old or unpaid creditors from haunting the decedent’s heirs or beneficiaries) and for the distribution of the remainder of the decedent’s property to the rightful heirs.

If the decedent’s property included land in another state, the laws of the other state govern who inherits it unless there is a will. If there is a will, after it is admitted to probate in the home state of the property, it usually must be submitted to probate in the other state. This other probate procedure is formally referred to as “ancillary probate.”

If there is no will, probate is usually required in each state where the property is situated, in addition to the home state. Contact us to learn more about Minnesota probate law.

Common Issues During Probate

Before we cover how our team of Minnesota probate attorneys here at Johnson/Turner Legal handles probate, it’s important to first establish common issues that arise during the process.

During probate, you can expect to deal with the following issues:

• Asset management. During probate, the Personal Representative (the individual responsible for overseeing funeral arrangements, notifying creditors and beneficiaries of probate, determining the value of assets, etc.) plays a key role in asset management. Asset management involves keeping up with insurance payments, maintaining property, and evaluating assets.
• Debt management. The decedent’s assets may be used to pay off any outstanding debts, which may change how the beneficiaries proceed with the will.
• Taxes. Depending on the value of assets, the Personal Representative may need to file an estate tax return.
• Real estate management. Certain property may have to be sold, which can take a significant amount of time.
• Heirs. Heirs must receive a notice of the probate, as well as various documents like an asset inventory.
• Advances to the Estate. The Personal Representative may have to loan money to the estate while assets are sold, which will be repaid prior to the distribution of assets to beneficiaries.
• Family dynamics. It often falls to the Personal Representative to make sure all family members are on board with the will and/or trust established by the decedent. The Personal Representative will also need to keep family members consistently updated and try to quell any discontent.

There are four different types of assets commonly involved in probates:

1. Real Estate
2. Financial assets (bank account, etc.)
3. Personal possessions (jewelry, etc.)
4. Vehicles

During probate, the Personal Representative and court work together to determine how assets are liquidated to repay creditors (if necessary), as well as take the necessary steps to make sure the decedent’s will is followed to the letter and beneficiaries receive the assets left to them in the will or trust.

To determine whether probate is necessary in your case, we recommend scheduling a consultation with one of our probate lawyers in Minnesota here at Johnson/Turner Legal.

What If There’s a Will?

A will cannot transfer property, so probate is generally necessary even with a will, though it depends on the value and the nature of the property. For smaller estates, there is a less formal procedure that must be followed before the deceased’s property can be legally distributed. But even that is still under the general supervision of the probate court.

How to Probate a Will

If a person dies with a will, a court generally has to provide an opportunity for others to object to the will and, if there are any objections, determine if the will is valid. Some things that can invalidate a will:

• A more recent will (which, if valid, replaces the older will).
• The will was made at a time the deceased was not mentally competent to make a will.
• The will was the result of fraud, mistake, or “undue influence.”
• The will was not properly executed.
• The will is a forgery.
• For some other reason (such as a pre-existing contract) the will is not fully valid.
• There are other claims against the deceased’s estate that impact what the beneficiaries would receive under the will.