Law Outside the Box

Like most states, in Minnesota, the process of probate can seem daunting – especially if you have never served as an executor (personal representative) before. When I work with new clients, I like to provide a general timeline to assist clients understand the process of probate.

Assume your favorite uncle passed away in August. You’ve been nominated as his executor (personal representative) in his will. What do you do now? Here is a simplifed timeline of tasks and events you’ll want to keep in mind.

Minnesota Probate Timeline

August:

1 – Locate original will and any other financial / investment documents.

2 – Determine the total value of his assets and debts as best as you can.

3 – Classify his assets as either probate or nonprobate.

4 – Prepare and file initial probate filings to open estate if it is determined he had sufficient probate assets to warrant opening the estate.

September:

5 – Serve Notice of Probate on interested parties including potential heirs and creditors as well as the Department of Human Services.

6 – Publish Legal Notice

October:

7 – Attend probate hearing to probate will and be appointed personal representative (if required)

8 – Request Letters Testamentary and open estate checking account

9 – Begin the process of handling creditor claims and distributing assets

10 – Hold an estate sale (if necessary)

November and Following:

11 – Prepare and file inventory of all estate assets (if required)

12 – Prepare and file a final accounting (if required)

13 – Finalize distribution of assets to creditors and heirs

14 – Close estate

Again, this is a generalized and somewhat idealized timeline. In my experience however, most of these steps apply in approximately this order.

For most personal representatives that I have represented, I’ve learned that they prefer to handle the primary duties listed above but to have an attorney shadow the process to make sure everything is handled properly.

It saves the estate on legal expenses but also helps the personal representative feel like they are actively involved in the process. If this is your objective, make sure to interview attorneys to choose the one you feel best assists you to accomplish what needs to be completed.

Probate doesn’t need to be a scary process and with an understanding of the process, you can do it!

From our previous post, you recently learned that you were named as executor (personal representative) of your favorite uncle’s estate. As you begin the process of sorting through his affairs, you learn a number of things you didn’t know before about him. Now you have the task of organizing everything coherently so that you can distribute his assets in accordance with his will.

Be bold: seek professional guidance

Generally, the best decision you can make at the outset if you have been named as personal representative, is to talk with a knowledgeable probate attorney about what steps you need to take. In Minnesota, the process of probate can feel like it is overwhelming if you have never gone through it before or even if you have only done it once or twice previously.

In many areas of the law (for example, family law or estate planning), you probably can get away with not hiring an attorney if you do your homework and understand what is involved. Of course, it may not always be the wisest thing to do! However, in my experience, probate can be one of the trickiest areas of the law because there are a myriad of different forms and even various types of probate. Unfortunately, selecting the wrong forms or wrong probate option can cause you to go back to square one. And if you have tried to go it alone, you also may have learned that the court isn’t allowed to assist you in selecting the appropriate forms or process.

If you’ve been named as a personal representative, what has been your experience? 

In our next post in this series, I will lay out a general probate timeline.

Your favorite uncle just passed away. You’re surprised to learn that he had a will and that in his will he named you as executor (otherwise known as personal representative). Now you have the responsibility, should you choose to accept the challenge of course, to serve as personal representative of his estate. Upon learning that you would be personal representative, you reassure yourself by thinking, “Hey, Uncle Donny didn’t have that much. How hard can it be?”

The Probate Problem – Probing Uncle Donny’s Papers

As you begin the process of organizing his final affairs, you already knew that Uncle Donny owned his townhouse in Plymouth. You also knew that he had at least one retirement account. What you didn’t know is that he owned a 40-acre tract of land in Wisconsin as well as an ownership interest in a timeshare in Florida – which you believe he never actually used. While you are going through his papers, you also see that he had a loan obligation for $20,000 to a former business partner and that it appears he still owes this amount plus interest. Suddenly, the process of probate isn’t looking as enticing. What are you going to do?

What would you recommend as a next step if you were responsible for handling Uncle Donny’s affairs?

In upcoming posts, I will be delving into considerations you should take into account if you find yourself named as a personal representative.