Jeddeloh Snyder PA Attorneys at Law can assist you with the following estate planning and elder law issues
- Estate Planning
- Probate of Estates
- Testate Estates
- Intestate Estates
- Special Needs Trusts
- Supplemental Needs Trusts
- Revocable Living Trusts
- Irrevocable Trusts
- Charitable Trusts
- Living Trusts
- Living Will
- Health Care Directives
- Asset Protection
- Medicaid Laws
- Gifts to Minors
- Elder Law
- Probate Litigation
- Power of Attorney
- Will Contests
- Family Business Succession Planning
Probate – What is it?
Probate is the legal process that administers one’s remaining assets and estate to the appropriate heirs upon one’s death. Typically assisted by an existing will, probate serves as the ultimate determination of how to distribute any remaining property. For this reason, it is beneficial to have a clear written and up-to-date will already in place to speed up the process. If there is not an existing will, the probate process will take longer, as decisions that would normally be determined by a will would have to be made by a probate court.
Probate in Minnesota
Most procedures can vary from state to state and in Minnesota, probate can be required with or without the existence of a will. Probate is absolutely necessary when one’s estate is worth over $75,000 and/or the person was the sole owner of real estate property. Typically, there is not a need for probate if the deceased person was a joint tenant, in which the remaining estate would go to the other person(s) already holding the estate.
A probate proceeding may take place in Minnesota as long as the deceased person was a Minnesota resident at the time of their death. Even if one wasn’t a resident in Minnesota, probate may still be filed as long as the person had owned property within the state. Generally, the application for the probate proceeding should be filed within three years of one’s death.
The informal probate process is typically a lot quicker as it doesn’t go through the entire court process. The application is looked over by a probate registrar rather than a judge. The registrar then chooses to accept or reject the application as an appropriate distribution of assets.
In formal probate, the process can drag on a bit longer. A District Court will oversee the probate process, and a judge will determine all final estate distribution decisions. Although the process can take longer, it’s necessary when dealing with more complicated cases. Formal probates are appropriate for situations such as; anytime there is a significant disagreement between heirs and beneficiaries, anytime a minor is mentioned within the will, or when there is confusion on administering one’s remaining estate. These disputes may be settled in a court during a formal probate proceeding. Probate proceedings may be either supervised or unsupervised. If supervised, a court will be present to make a final determination regarding one’s remaining estate. If unsupervised, a decision will be made without the presence of a full court. A judge can grant a request for unsupervised probate if supervised probate is unnecessary.
Regardless of the type of probate (formal/informal, supervised/unsupervised), it’s exceptionally helpful to work with an experienced elder law and estate planning attorney to help you through the process.
How can we help with probate?
The attorneys at Jeddeloh & Snyder have a combined 100+ years of legal experience to help guide you through your elder law and estate planning needs. If you require probate, speak with one of our trusted attorneys to learn your next steps. You must fill out probate applications extremely accurately, so an attorney can help with any legal questions you have along the way. If the case must go to court, having an attorney will make a huge difference in ensuring your interests are heard in court. Allow our experienced elder law attorneys at Jeddeloh & Snyder to assist you through any type of probate process.
Experienced, Compassionate Attorneys
Our attorneys are dedicated to your case. We have been providing compassionate and trusted estate representation for over three decades. We have the experience to protect your loved ones in this time of need. Contact one of our top-rated estate planning attorneys or elder law attorneys to help in your future plans.