Probate Attorney Anoka, MN

Probate is a court supervised legal process including the following:

• Determining the validity of your will.
• Gathering all of your assets.
• Paying your debts.
• Paying your taxes.
• Paying expenses of will administration.
• Distributing all remaining assets to the appropriate persons entitled (beneficiary).

Bring your Probate case to Field Law, P.A. and we can handle the legalities from beginning to end. Here are some quick steps that go into Probate. Many people believe that if a person has a Will in effect when they died they then avoid probate. In and of itself, this is not true. A person with a Will will have to go through probate unless a) Their probatable estate is worth less than $50K; or b) they have a trust with all assets in the trust (estate is $50K). However, having a Will greatly simplifies and reduces the cost of probate.

Probate with a will: If a person has a Will at the time of their death the process is fairly methodical. The executor named in the Will will generally be appointed.

Executor Duties: It is up to the executor to collect and inventory assets of the estate, pay all debts, pay all expenses of estate and follow all directions in the Will. In short, the executor’s responsibilities include many things so you want to be sure it is someone you trust, when you appoint an executor in the Will.

Closing the Estate: After all distributions are made to the beneficiaries, a final report must be filed with the probate court summarizing all receipts and disbursements of the estate and summarizes all acts taken by the executor. The court typically approves the closing of the estate, the beneficiaries will sign receipts stating they have received their distributions, the executor files these receipts, and the court will discharge the executor from duty.

Probate without a will (intestacy laws):  If you do not leave a Will, the courts will take over the distribution of your property. The probate court appoints an administrator, whose duties will include the same as an executor would do.  The big issue is: who are the beneficiaries?

Call Field Law, P.A. today at 763-427-9066 for any questions regarding Probate or to set up an appointment!