What steps do I need to take when the original estate administrator has died before completing the probate (MN)
When the original estate administrator dies before completing probate: Step‑by‑step guide under Minnesota law This FAQ explains what generally happens and what steps an interested person should take when the original estate administrator (personal representative) dies before closing probate in Minnesota. This is an educational overview based on Minnesota probate practice. It is not legal […]
Read article →How long does it usually take to get an out-of-state will approved in Minnesota probate?
Detailed Answer Short answer: under Minnesota law, an out-of-state will can often be admitted to probate relatively quickly if the original will is available and no one contests it — commonly within a few weeks to a few months. If the will is missing, unclear, or contested, admission can take many more months or longer. […]
Read article →What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? – MN
Detailed Answer Short answer: If a recent survey and title search show the property was conveyed out of your mother’s estate decades ago and there is a recorded deed transferring title to another party, you most likely no longer have a legal ownership interest in that parcel under Minnesota law. However, there are limited circumstances […]
Read article →How do I get the probate court’s permission to sell the property in MN when the clerk’s office won’t explain the filing requirements?
Detailed Answer Short answer: In Minnesota you usually get the probate court’s permission to sell estate real property by filing a written petition (or motion) asking the court to authorize the sale, serving notice on the required interested persons, and obtaining a signed court order. If you are the personal representative (executor/administrator) and your letters […]
Read article →What steps do I need to follow as executor to sell real property to pay estate debts? (MN)
FAQ: Selling Estate Real Property as Executor in Minnesota Detailed answer — step‑by‑step guide for Minnesota executors As the personal representative (executor) in Minnesota, you may need to sell real property owned by the estate to pay debts, taxes, and expenses. Minnesota law (the Minnesota Probate Code, chapter 524) gives the personal representative certain powers, […]
Read article →Can I recover personal items that heirs removed from the house before I took possession and enforce the court’s order? (MN)
Detailed Answer Short answer: Yes — in many situations you can recover personal items that heirs removed from a decedent’s home before you took possession, and you can ask the probate court or a civil court to enforce its orders. Which route is appropriate depends on whether the probate court has already made a distribution, […]
Read article →Can heirs of a deceased sibling be included in the partition action, and how do I add them? (MN)
Including Heirs of a Deceased Co‑owner in a Minnesota Partition Action: FAQ‑Style Guide Short answer Yes. Under Minnesota law, anyone who has or claims an interest in the property must be made a party to a partition action. That includes a deceased co‑owner’s personal representative, devisees, or heirs. To add them you must identify who […]
Read article →What Happens to a Safe Deposit Box After Someone Dies in MN?
What happens to a deceased person’s safe deposit box in Minnesota? A clear, practical FAQ Disclaimer: This is educational information only and not legal advice. Consult a licensed Minnesota attorney for advice about a specific situation. Detailed answer — how Minnesota law and common banking practice handle safe deposit boxes after someone dies When a […]
Read article →When Can an Executor Be Removed in MN?
When can an executor (personal representative) be removed under Minnesota law? Short answer: Under Minnesota law, an executor (called a "personal representative" in the statutes) can be removed whenever the court finds cause — for example, incapacity, misconduct, breach of fiduciary duty, refusal or failure to perform duties, wasting estate assets, or a conflict of […]
Read article →What Is “Probate in Common Form” in Minnesota?
Understanding informal probate (often called "common form") under Minnesota law Detailed Answer This article explains how a simplified, court-light probate process — often called "probate in common form" in other states — works in Minnesota. Minnesota’s laws do not commonly use the exact phrase "probate in common form." Instead, Minnesota provides informal probate proceedings and […]
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