Probate in Minnesota | MN Legal Resources | FastCounsel

Challenging an Administrator’s Claim to Inherited Real Property in Minnesota

How to challenge an administrator’s claim of ownership in real property under Minnesota law Detailed Answer When someone dies and an administrator (also called a personal representative) is appointed by the probate court, that administrator manages the decedent’s estate. The administrator has powers to preserve, collect, and sometimes sell estate property, but those powers are […]

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Minnesota: Who Receives Surplus Proceeds When an Owner Dies Intestate (Siblings and Inheritance)

Detailed Answer Short answer: When a property owner in Minnesota dies without a will, any surplus proceeds from a sale of that property become part of the owner’s estate. Those proceeds are collected and administered through the estate process and distributed to the decedent’s heirs under Minnesota’s intestacy rules. If there is no surviving spouse, […]

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Claiming Surplus Sale Proceeds After a Foreclosure in Minnesota

FAQ — Answer Short overview: If a foreclosed property generated money after the sale (a “surplus” or “overage”), a court must determine who is entitled to that money. The steps below explain how someone claiming on behalf of a deceased owner can ask a Minnesota district court to determine and release surplus funds. This explains […]

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Minnesota: How to Document a Repossessed Vehicle When Settling a Loved One’s Estate

Detailed answer When you settle a loved one’s estate in Minnesota, documenting a vehicle that was repossessed requires clear records, the right legal steps, and awareness of whether the repossession happened before or after death. This answer explains what to collect, how to record it in the probate files, how repossession affects estate claims, and […]

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How to Claim Surplus Funds After a Tax-Forfeiture Sale in Minnesota

Claiming Surplus Funds After a Tax-Forfeiture Sale in Minnesota: What to Do Disclaimer: I am not a lawyer. This article is educational only and is not legal advice. If you need legal advice about a specific situation, consult a licensed Minnesota attorney. Short answer If a county sold your mother’s home because of unpaid property […]

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Minnesota: Transferring a Deceased Parent’s Car Title to the Surviving Parent When the Original Title Is Missing

How to transfer a deceased parent’s vehicle title to the surviving parent in Minnesota when you don’t have the original title Short answer: In Minnesota you can usually transfer a deceased owner’s vehicle to a surviving spouse without full probate using a combination of the Minnesota small‑estate/affidavit procedures and the Minnesota Driver and Vehicle Services […]

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Minnesota: How to Challenge or Dismiss a Probate Petition for Possession and Control of Estate Property

Disclaimer: This is general information, not legal advice. For advice about a specific situation, consult a licensed Minnesota attorney. Detailed Answer Overview: what the court is being asked to do When someone files a probate petition asking the court for possession and control of estate property, they ask the probate court to authorize a person […]

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Challenging a Sibling's Final Estate Accounting in Minnesota: What to Do If You Got No Notice

What to do if you received no notice of a final estate accounting in Minnesota Short answer: Act quickly. Ask the probate court for the estate file and proof of service, then file a written objection or a motion to vacate or reopen the accounting asking the court to stop distributions and require a full […]

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Challenging an Approved Estate Accounting After One Year in Minnesota

Challenging a Previously Approved Estate Accounting in Minnesota: What to Know Short answer: In Minnesota you can sometimes challenge an accounting even after the court approved it, but relief becomes harder the longer you wait. Courts will consider the reason you delayed (for example, fraud, mistake, newly discovered evidence, or lack of proper notice) and […]

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Minnesota Guide: Where to Open Probate When a Parent Dies in Another State

Short answer Under Minnesota principles, the primary probate usually occurs where the decedent was domiciled at death. If your parent died in Virginia but their legal domicile (their permanent home) was in North Carolina, you would generally open the main probate in North Carolina. If they were domiciled in Virginia, you would open it in […]

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