The term “estate” refers to the property that a deceased individual left behind.  The assignment and transfer to named devisees in a Will, or heirs when there is no Will, heirs, may necessitate a probate court application and appointment of an Executor (Personal Representative). 

Small estates, under $75,000.00, can often be handled outside of the Probate Court.  Title to real estate, held jointly, can be clarified with formal filings in the Office of the County Recorder.  Minnesota Statutes control the processing of estates and obligate the Executor (a Personal Representative) to give notice to the public and interested parties and then administer the estate in accordance with the law. 

When a ruling is needed, a matter may be set for a hearing before a Judge of the Court.  Typically, an estate can be processed from start to finish in approximately six (6) months.

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Probate is a court process by which assets of a deceased individual are distributed after creditors are paid.  A “Probate” court proceeding is often necessary when the deceased held real estate, stocks, bonds, or bank accounts in their name alone. 

Probate takes time to ensure interested people are given notice and creditors have a chance to come forward.  An Executor appointed by the Court may sell property, pay creditors’ claims and distribute property to heirs.  Probate expenses can be reduced by electing to use an informal process which avoids presenting matters to a judge unless necessary.

Contact Kelly Law for experienced help with your probate process.

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Elder Law encompasses not only estate planning, including Wills and the Probate Process, but also pre-death legal issues including medical assistance qualification, long-term care planning, and the appointment of present decision-makers through Powers of Attorney and Healthcare Directive.

An Elder Law attorney, such as Mr. Kelly, will work with your CPA to address potential estate tax liabilities, tax minimization and avoidance strategies. If your loved one or spouse is facing the likelihood of entering a long-term care facility, the income and assets of the healthy “community” spouse will need to be segregated from those of the to be “institutionalized” spouse.

Mr. Kelly can assist in that transition and advise on the income and assets that may be retained and what will need to be applied towards care.

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