What is probate?

Probate is the court process of appointing a legal representative (called the Personal Representative) to administer a deceased person's estate, validating their will if there is one, and distributing assets to the beneficiaries.

What is the role of the Personal Representative?

The Personal Representative is responsible for collecting and protecting the estate assets, making sure all legitimate expenses and debts are paid, filing taxes, and ultimately distributing the assets to the beneficiaries of the estate.

Do all estates have to go through probate?

Not all estates require probate. In Minnesota, if all the assets in the deceased person’s estate is less than $75,000, then the successors may be able to use an Affidavit for Collection of Personal Property (also known as a small estate affidavit) to collect and distribute the assets (read more about small estate affidavits below).

How long does the probate process take?

The duration can vary widely, typically ranging from several months to a few years, depending on the complexity of the estate.

What are the costs associated with probate?

Costs can vary depending on the complexity of the estate. Typical uncontested probate costs range between $3,000-$6,000, which includes court fees, attorney fees, and administrative expenses.

What happens if there is no will?

If the deceased person did not have a will, Minnesota’s laws provide how their estate will be distributed. This set of laws is called the laws of intestate succession. 

Are probate records public?

Yes, most probate records are public, including the general nature of the assets and the beneficiaries and their addresses. The lack of privacy is one of the reasons why many people want to avoid probate. 

Can probate be avoided?

Yes, with proper estate planning and follow through, probate can be avoided. 

What assets are included in the probate?

Any assets that were in the deceased person’s name alone and did not have a beneficiary are part of the probate. If an asset was jointly owned or if the asset was in the deceased person’s name but had a beneficiary designation, then those assets are not part of the probate. 

What else should I know about probate?

You are not required to have an attorney to go through probate in Minnesota. However, an attorney would be able to guide you along the process and help make the administration go more smoothly and make sure you are fulfilling your responsibilities as the personal representative (or if you are a beneficiary of an estate, your attorney can help explain the process to you and make sure to keep the personal representative on task).

If you found this information helpful and would like to discuss additional questions with attorney Mai Yang, please contact us to schedule a call today.