Probate 2016-11-22T17:21:01+00:00

Probate

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Rochester, MN Probate Lawyer

Probate can often times be time consuming, complex and an emotionally draining process. If you have been named the personal representative or executor under a probate estate – your parent, spouse, friend, or sibling – has died and you have assumed the responsibility of administering their estate. Blog: My Mom, Dad, Friend or Other Loved One Just Died, Now What Do I Do?

If you are the personal representative in a probate estate, you are accountable not only to the beneficiaries but also to the probate court in the presiding jurisdiction.

WHEN IS PROBATE NECESSARY?

Examples of situations where probate is necessary include:

  • An estate must be probated in Minnesota when the decedent (person who died) held title to any real property (a house, land, etc…) in their name alone.
  • An estate must be probated if the decedent had assets in their name alone valued at more than $50,000.00.

WHAT PROPERTY DOES NOT NEED TO BE PROBATED?

Some examples of property that does not need to be probated include:

  • Property held in joint tenancy
  • Jointly held bank accounts
  • Assets held with a beneficiary designation (including life insurance, in certain circumstances).

WHAT WILL I NEED TO DO AS THE PERSONAL REPRESENTATIVE?

In a typical probate our lawyers may assist the personal representative with:

  • Locating original estate planning documents
  • Obtaining Death Certificates
  • Drafting correspondence to family
  • Completing an Inventory of all the assets and debts of the estate
  • Obtaining legal descriptions to all real estate
  • Filing a petition and application with the Probate Court
  • Attending any necessary court hearings
  • Publishing notice to creditors
  • Filing affidavits
  • Mailing notice to beneficiaries and creditors
  • Handling creditor claims
  • Filing any necessary fiduciary or federal estate tax returns
  • Filing gift tax returns
  • Paying final real estate taxes and selling real estate
  • Preparing a final account
  • Distribution of assets

The attorneys at Rochford & Langins, LLC will help alleviate some of the stress associated with the unknown of probate by staying in constant contact with you throughout the entire process. By maintaining open communication and answering your questions quickly, we have found that we are able to ease the anxiety many people experience when acting as the personal representative in a probate estate.