Probate
If you have a Will, there will be a court proceeding that determines whether the Will is authentic, determine who the personal administrator will be, handle your debts and taxes, identify your heirs, and distribute the property according to your wishes. Remember, a Will only covers probate property. It does not cover the disposition of non probate property. People are often confused when they hear that there is formal and informal probate.
Formal probate is before a judge. A petition is filed with the court and notice is provided to all the heirs, devisees and possible creditors. The judge will then have a hearing on the petition and the court determines the validity of the Will, appoints the personal representative, determines testacy, and issues letters. Formal probate usually requires an inventory, final accounting, petition for order of settling the estate, and order from the court. Formal probate can be either supervised or unsupervised.
Informal probate is a similar process, however it is not before a judge. Here, an application is filed with the County Probate Registrar, and the registrar then appoints the personal representative and informally probates the Will. You still must put creditors on notice and issue letters. You also still need to prepare an inventory and file a closing statement.
If you would like a free consultation, please contact us today. We offer free in-home visits. Simply complete the free legal consultation form online or call the office nearest you.
Minneapolis – 612-767-2009
St. Paul – 651-789-0059
Southern Suburbs – 952-767-0121
Northern Suburbs – 763-231-0383
Outstate – Call Toll Free – 1-866-777-2557
Vanderhyde & Associates
Scott County Probate Attorney
What is Probate? Generally speaking, it is a court procedure used to determine whether or not a will is valid and how an estate shall be administered. It typically involves gathering together the decedent’s assets, eliminating the decedent’s liabilities, paying the taxes which are owed, and finally distributing the remaining property and [...]
Sherburne County Probate Attorney
What is Probate? Generally speaking, it is a court procedure used to determine whether or not a will is valid and how an estate shall be administered. It typically involves gathering together the decedent’s assets, eliminating the decedent’s liabilities, paying the taxes which are owed, and finally distributing the remaining property and [...]
Stearns County Probate Attorney
What is Probate? Generally speaking, it is a court procedure used to determine whether or not a will is valid and how an estate shall be administered. It typically involves gathering together the decedent’s assets, eliminating the decedent’s liabilities, paying the taxes which are owed, and finally distributing the remaining property and [...]
Wright County Probate Attorney
What is Probate? Generally speaking, it is a court procedure used to determine whether or not a will is valid and how an estate shall be administered. It typically involves gathering together the decedent’s assets, eliminating the decedent’s liabilities, paying the taxes which are owed, and finally distributing the remaining property and [...]
Washington County Probate Attorney
What is Probate? Generally speaking, it is a court procedure used to determine whether or not a will is valid and how an estate shall be administered. It typically involves gathering together the decedent’s assets, eliminating the decedent’s liabilities, paying the taxes which are owed, and finally distributing the remaining property and [...]
St. Louis County Probate Attorney
What is Probate? Generally speaking, it is a court procedure used to determine whether or not a will is valid and how an estate shall be administered. It typically involves gathering together the decedent’s assets, eliminating the decedent’s liabilities, paying the taxes which are owed, and finally distributing the remaining property [...]
Crow Wing County Probate Attorney
What is Probate? Generally speaking, it is a court procedure used to determine whether or not a will is valid and how an estate shall be administered. It typically involves gathering together the decedent’s assets, eliminating the decedent’s liabilities, paying the taxes which are owed, and finally distributing the remaining property [...]
