Probate Administration

Probate is a court supervised process that is required to transfer property out of a decedent’s estate. The purpose of the probate process is to make sure that a deceased person’s debts are paid, and assets are distributed to the correct beneficiaries. If a decedent died without a will (“intestate”), the property will be distributed according to Minnesota statutory guidelines.

Under Minnesota law, the person appointed by the court to probate the estate is known as the Personal Representative (frequently referred to as the “PR”). Other states may call this position the “Executor.”

A Personal Representative may hire Swanson Law Office, PLLC to assist with the process of probating an individual’s estate.

The probate process may involve the following:

  • Reviewing the will;
  • Filing documents with the probate court to commence the administration of the probate (formally or informally);
  • Sending notice of the probate to heirs, beneficiaries and other interested parties;
  • Filing the creditor claim notice;
  • Obtaining tax identification for the estate;
  • Opening a bank account for the estate;
  • Conducting an inventory of the estate assets;
  • Handling the estate’s creditors, if applicable;
  • Sale of the estate assets (including the home, if necessary);
  • Coordinating with an attorney in another estate if a secondary/ancillary probate is required;
  • Coordinating with a CPA for the necessary tax returns for the decedent and the estate;
  • Preparing a final accounting for the estate;
  • Overseeing distributions of assets to the estate beneficiaries;
  • Filing documentation with the probate court to finalize and close the probate administration