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Ben Kaasa Practices Family Law, Child Custody Law, Divorce Law, and More in Duluth, MN

The probate process can be a confusing but necessary one. It is the process in which an estate is opened and the business regarding the state is conducted by the executor or “personal representative” of that estate. Bills are paid, money owed to the estate is collected, and the assets are distributed accordingly once all of the debts are paid and any money is collected.

Because this process can be confusing and rather overwhelming, it is important to enlist the help of an experienced Duluth probate lawyer to help with the administration of the estate. You can receive the guidance that you need as you need it so the process will move as smoothly for you as possible.

Comprehensive Legal Advice Through Probate

Probate can be a difficult process for you to face on your own in Minnesota. Once the debts are paid from the estate, the remaining property is divided among the beneficiaries. If a will was not left, the heirs to the estate are determined based on the Uniform Probate Code and/or the laws of intestate succession. In other words, the lack of a will can cause the law to kick in and any wishes that the decedent had for their assets may not be carried out the way that they wanted. The personal representative has to distribute the assets according to the law. Your probate lawyer can give you the legal advice and guidance that you need to carry out your duties throughout the probate process.

The probate process is a necessary one when a person who lived in Minnesota died or they owned real estate in Minnesota. There are a number of factors that determine whether or not a matter needs to be probated, such as the type of property, the nature of ownership, and if the estate has a worth of $50,000 or more. Property subject to “joint tenancy” or property that was transferred into a trust is not usually subject to probate.

Helping You Understand Your Duties

When you serve as a personal representative, it is very important that you understand your duties. The following are tasks that may need to be performed:

  • Collecting income from the property in the estate
  • Paying all claims, debts, and the expenses of administering the estate
  • Filing all necessary income tax returns, estate tax returns, and reports
  • Distributing, preserving, and settling the estate in accordance with the will of the decedent, the laws of intestate succession, or the Uniform Probate Code

Probate is not necessary if the decedent’s estate is worth less than $50,000. Heirs can typically collect on the property that is due to them through an affidavit, which means the probate process is not necessary. You can consult with your Duluth probate lawyer regarding affidavits so you can collect any property that you are the beneficiary of through a will or through intestate succession.