Probate / Estate Administration in Minnesota

The period after a family member or close friend dies is always difficult.  When your loved one passes away, his or her estate may be required to go through a court-managed process called probate administration where the assets of the deceased are distributed.    If your loved one owned all of his or her assets through a fully funded trust, a probate administration may not be necessary.

If the will names you as the personal representative (frequently known as the “executor”), you have legal obligations to manage.   Without skilled legal counsel to guide you, the probate process can be confusing to navigate.  The process may also be difficult to handle if the named personal representative lives out of the area where the will must be probated.

The length of time needed to complete a probate of an estate depends upon the local procedures, rules and schedule of the probate court as well as the size and complexity of the estate.

Probate and Estate Administration Services

As an experienced Minnesota probate lawyer, Swanson Law Office represents personal representatives and can assist you during all phases of estate administration.  Each probate is unique, but most involve the following steps:

  • Filing documents with probate court to commence the administration of the probate
  • Identifying and contacting heirs, beneficiaries and other interested parties
  • Sending notice of the probate to heirs, beneficiaries and other interested parties
  • Obtaining tax identification for the estate
  • Opening a bank account for the estate
  • Conducting an inventory and appraisal of the estate assets
  • Sale of the estate assets (including the home, if necessary)
  • Filing of decedent’s last personal income tax return
  • Preparing federal estate tax and state inheritance tax returns
  • Preparing fiduciary accounting
  • Final distribution of assets
  • Filing documentation with probate court to finalize the probate administration

Probate administration can be a very difficult and personal matter.    Clients are often still in a state of shock over the loss while making decisions regarding their families’ futures.  Swanson Law Office helps clients make well informed choices.

Call (651) 295-8762 or email Swanson Law Office to arrange a consultation.  We welcome calls from out-of-state parties with probate matters in Hennepin County, Ramsey County, Washington County, Dakota County, Carver County, Scott County, Anoka County, McLeod County and the surrounding areas.

Non-Probate Administration

Under Minnesota Law, a probate may not be necessary for a small estate (less than $50,000 in probate assets) provided certain conditions are met.   Contact Swanson Law Office at (651) 295-8762 to arrange for a consultation to discuss the required procedure for distribution of assets in a small estate.

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