The probate courts fill an important role during the estate administration process. They help ensure that the personal representative of an estate abides by the instructions provided in an estate plan. They help determine what should happen in an intestate succession...
Probate
Factors that can delay probate
Probate is the legal process where the courts assess the validity of a will and oversee the administration of an estate. Typically, this process should take between six and 12 months but there can be delays. What are some of the main factors that can delay probate? ...
Be informed: Ask questions before becoming an estate executor
After losing a close loved one, you’ll want to review their will. If executed properly, it should outline their final wishes and may name a trusted friend or family member to settle their affairs. Being chosen for this role is a true honor, a testament to the respect...
How do you locate missing heirs and beneficiaries?
Nothing can slow the probate process down quite like a missing heir or beneficiary that you need to notify. Whether they’re likely to receive anything or not, their “status unknown” can create a lot of headaches for the executor of an estate. Since you cannot proceed...
What can invalidate a living trust?
A living trust is an estate planning tool that allows you to designate another person or entity (trustee) to manage specific assets on behalf of your loved ones. And if you get it right, a living trust can offer a myriad of benefits such as bypassing probate and...
3 common questions and answers about probate
When establishing an estate plan, there’s one subject important for all testators and grantors to know about -- and that's probate. Probate is the process of certifying someone's will as valid and distributing property or funds after someone passes away in the proper...
What to do when you inherit a business you don’t want
Maybe your father always dreamed of you taking over the family business when he retired. You really had no interest in doing that, but you put off having that conversation. Then he unexpectedly died, and you find out that he left the business to you. This is just one...
Considerations when selling assets on behalf of an estate
As the executor handling the administration of an estate, you have a lot of responsibilities. One of the most important things you may possibly have can involve selling some of the assets from the estate. There are two circumstances where asset liquidation may be...
Under Minnesota law, most estates must go through probate
For many people, estate planning has the primary goal of helping a family avoid probate court. In some states, adequate planning can be enough for even large estates to stay out of probate court, which people may view as expensive or an unnecessary delay to the...
What happens if you die without a will in Minnesota?
Drafting a will is the least complicated and thoughtful way to make sure your possessions are passed along according to your wishes. Dying without a valid will in place means the Minnesota court system will decide who inherits your assets. The state’s intestate...