Sharing Some Of The Most Common Questions About The Probate Process
At rb LEGAL, LLC, we have helped our clients through emotional times and answered the most difficult legal questions after a loved one has passed. Below, we share other questions we have addressed at our Golden Valley office.
My deceased loved one had a will. What should I do next?
A will should go through the probate process. To start the process, you or your legal representative needs to fill out an application before the Minnesota county’s probate court where the decedent resided. The probate process may be informal or formal. The latter applies to complex probate cases that require a judge’s supervision and decision-making or where real estate is involved. We recommend having an attorney guide you through the process to represent your best interests.
What exactly is probate?
Probate is the process through which a probate court validates a will and authorizes and oversees property distribution among the named beneficiaries. However, not all wills may go through probate. If assets typically subject to probate do not surpass $75,000 in value, then probate might not be necessary.
I was named a personal representative in a will. What are my duties?
Your duties include collecting and gathering the testator’s property, paying relevant taxes and debts, appraising property if required, and distributing property among the beneficiaries named in a will. These tasks can be overwhelming, so working with a knowledgeable attorney to guide you through the entire process is a good idea.
I want to draft an estate plan, but can I avoid probate?
Yes. You may transfer ownership of your assets through a living trust. An experienced estate planning lawyer can help you develop a strategy and explain what assets you may transfer through a trust. Your attorney can also explain circumstances where you might need a will.