Stearns County Probate Attorney – Stearns County Probate Lawyer MN
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 assets to the heirs. The person in charge of these duties is called the Personal Representative (other terms for this position are Executor or Administrator). The Personal Representative is typically under the supervision of the probate court or some other official body.
In Minnesota, there are several different forms of probate, each with unique characteristics. For example, if someone has a small estate, they might want to consider an Affidavit for Collection of Personal Property (this allows the assets to be collected without a probate proceeding). Another option could be a Summary Assignment – this can be used if the homestead is the only probate asset (making the appointment of a personal representative unnecessary). What if the decedent has been dead for more than three years? If that is the case, and the assets remain in the decedent’s name, then a Decree of Descent must be used in order to transfer title. This is a relatively quick process, there is only one hearing and the estate is decreed in about 40 days. As mentioned previously, every situation is different.
If you need Probate Assistance, please contact us today for a free, no obligation consultation.
We are dedicated to protecting your interests and providing professional and compassionate service. We proudly provide assistance throughout the State of Minnesota, and offer free in-home visits.
Call the office nearest you or simply fill out our Free Legal Consultation Form online.
Minneapolis Area – 612-767-2009
St. Paul Area – 651-789-0059
Northern Suburbs – 763-231-0383
Southern Suburbs – 952-767-0121
Outstate – Call Toll Free 1-866-777-2557
Frequently Asked Questions
What District is Stearns County in?
The Stearns County Probate Court is part of the 7th Judicial District for Minnesota and is located at:
Stearns County Court Administration
725 Courthouse Square – Service Center
815 Courthouse Square – Case Intake/Payment Center
St. Cloud, MN 56303
Phone: (320) 656-3620
Fax: (320) 656-3626
Where can I request a copy of the Death Certificate?
To request a Death Certificate, contact the Minnesota Department of Health.
Minnesota Department of Health
Attention: Office of the State Registrar/ Death Certificates
P.O. Box 64882
St. Paul, Minnesota 55164-0882
Phone 651-201-5970
Fax # 651-291-0101
What are the differences between Informal and Formal Probate?
Informal Probate
-Before County Registrar (not a Judge) who appoints the Personal Representative
-Notice to the heirs and devisees is after the fact
-Still requires notice to creditors
-County Registrar will issue Letters of General Administration and Letters Testamentary
-Preparation of Inventory is still required, one page closing statement is filed with the court when process has been completed
Formal Probate
-Petition is filed with the court and Judge is involved
-Can elect to have the Probate supervised or unsupervised
-Notice to all devisees and heirs is required
-Published notice to creditors
-Hearing where court decides whether or not the will is valid
-Court appoints the Personal Representative and issues Letters of Administration and Testamentary
-Must prepare an inventory, a final accounting, petition for Order of Settling Estate, and Order from the Court
What are the advantages and disadvantages of Probate?
Advantages
-Probate Court can be supervised
-Personal Representative can rely on Court to help solve problems that arise
-Administration of the estate is part of the public record – accessible to anyone (some consider this to be a disadvantage instead of an advantage)
Disadvantages
-Probate can be a lengthy process and take a long time
It is important for you to understand that we recognize that each person and each case is unique, and that you may have special needs or expectations. One size does not fit all. If you need probate assistance, please contact us today.
Fill out the Free Legal Consultation Form online or call the office nearest you.
Minneapolis Area – 612-767-2009
St. Paul Area – 651-789-0059
Northern Suburbs – 763-231-0383
Southern Suburbs – 952-767-0121
Outstate – Call Toll Free 1-866-777-2557
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