If you’ve recently lost a loved one, the last thing you want to think about is paperwork. Unfortunately, many families in Minneapolis and St. Louis Park find themselves in this exact position with just one question on their mind: “How long does probate take in MN?”
The straight answer is that there is no defined period. It often depends on the type of probate needed and the estate itself. Below, we provide a guide to give you a rough outline of how long probate is likely to take in your situation.
When do you need probate in Minnesota?
Probate usually occurs when the owner of an estate owns the assets directly and doesn’t have any co-owners or named beneficiaries. A typical situation is when a single parent dies without a spouse and doesn’t write a will about who will inherit their assets and debts after they die.
Probate, therefore, is a court-driven process that aims to settle the estate. It is what defines who gets what.
Sometimes elements of an estate can pass outside of the probate process. For example, life insurance or accounts with named beneficiaries don’t need to go through the courts.
Sometimes it is possible for successors to collect small estates under $75,000 without going through probate either. However, they need to sign a sworn affidavit at least 30 days after the death of their relative or loved one.
Informal and formal probate
Minnesota law distinguishes between informal and formal probate. Fortunately, most estates run through informal versions. These processes occur when families agree on how the estate should be handled and when heirs are known. The process runs through a probate registrar instead of a judge, and usually there’s no hearing. Uncontested probate lawyers can help with this type of work by guiding families through the process and assisting with mediation.
Formal probate is the version of probate that goes before a judge. Usually, it occurs when any of the following situations apply:
- The estate requires court supervision.
- Family members disagree on who should get what.
- The will is in question.
- The will was written but is missing.
Formal cases take longer, but the ultimate goal is to ensure everyone is treated fairly.
The role of personal representatives
Personal representatives are agents who assist in settling estates. Every probate needs one, and when there’s no will, Minnesota law determines who serves the estate.
A personal representative in Minnesota has the following responsibilities:
- Discovering the estate’s full assets
- Protecting the estate’s assets
- Notifying any creditors
- Preparing a property inventory with its value
- Paying taxes, final bills, and debt
- Distributing remaining funds to heirs
- Recording how the estate was distributed and closing it
How long does probate usually take?
Probate usually takes several months to a year, depending on the complexity and family situation. There are some milestones along the way that you can tick off your checklist.
For example, registrars need to wait 120 hours from the date of death before they appoint a personal representative. The personal representative can then begin publishing notices to creditors over the following couple of weeks. Creditors then have up to 4 months to present their claim.
Within 6 months of the appointment, or 9 months of the date of death, whichever is later, the inventory is due.
The creditor period means that the estate cannot close in the first few months, even if the family agrees on everything. Family disagreements can push the process out further.
Mistakes families make
Families going through probate often make the following mistakes:
- Dealing out property before the creditor period ends
- Mixing personal funds with estate money
- Not realizing that even a solid will still needs to go through a court process and that deadlines need to be met
Avoiding probate in Minnesota to make life better for the next generation
Fortunately, it is possible to avoid probate in Minnesota, but it requires planning. One option is to establish a revocable living trust. These financial vehicles can hold assets, passing them on to loved ones once the estate owner dies.
Proper beneficiary designations in life insurance plans and retirement accounts can also ease the process. Some of these vehicles are exempt from the probate process. Finally, Minnesota law allows estate owners to use a transfer-on-death deed for homes, so they can pass directly to beneficiaries.
Talk to a probate attorney in St. Louis Park
If you’d like better planning for your wills, trusts, power of attorney, and healthcare directives, speak to us. We have 21 years of experience working in Wells Fargo’s investment and trust division before practicing probate-related law. With us, you don’t have to face it alone.
Call us at 763-354-8709 or schedule a consultation on our website. If you need an affordable probate attorney, a consultation is a good time to ask about fees. You can find our offices at 5775 Wayzata Boulevard, Suite 700, in St. Louis Park.
