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Today is : Wednesday, 10 March 2010
Minnesota Probate Attorney | Minnesota Probate Lawyer | Lawyer for Death of Loved One | Wills in Minnesota | Virginia, Cook, Hibbing, Ely, Grand Rapids, Bemidji, Cloquet, International Falls, and Duluth PDF Print E-mail

 

What is Probate?

Probate is the legal process of settling your estate in court after you pass away.  If you have a will, your personal representative, which is often a family member will be responsible for settling your estate. Your property will be gathered and inventoried, your debts will be paid, and everything left over is divided pursuant to your wishes.   However, if you do not have will or do not name a personal representative, the court will appoint one for you and will then divide your assets according to state law. 

Having a will does not avoid probate, however it does expedite the process and assures you that your loved ones given the gifts you wish them to receive.  At Klun Law Firm, our attorneys will help you plan your estate and when the time comes we will be here to guide your loved ones through their duties as your representative as compassionately and inexpensively as possible. From our home in Ely, our  Probate Lawyers provide legal services throughout the state of Minnesota.This includes the Minneapolis and St. Paul metro area, along with northeastern Minnesota: the communities of Virginia, Hibbing, Ely, Grand Rapids, Bemidji, Cloquet, International Falls, and Duluth.  Contact our office to speak with an experienced lawyer today.
 
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The need for probate depends on what property you own and whether you own it alone or with others.  Your personal representative starts a probate proceeding by filing an application or petition with the probate court in the county where you lived at the time of your death. 
 
Probate proceedings in Minnesota can either be informal or formal, and generally must be initiated within three years after the decedent's death.  In the informal process, the personal representative may pay debts and inheritance and may otherwise administer the estate without the court's supervision.  However, the probate registrar has discretion to either accept or reject an application for informal probate.  If the application is reject, the will can be probated under a formal probate proceeding.   
 
What do you do if your loved one’s estate is in probate?
 
The probate process can be drawn out and confusing and perhaps the only way to assure that your loved one’s estate ends up in the right hands is by hiring a Probate Lawyer to help with the process. At Klun Law Firm, our attorneys will guide an executor or administrator of an estate through their duties as compassionately and inexpensively as possible.  We provide probate services throughout Minnesota, however, our primary service area includes northern Minnesota and the communities of Virginia, Hibbing, Ely, Grand Rapids, Bemidji, Cloquet, International Falls, and Duluth. Contact our office to speak with an experienced lawyer today.
 
If your loved one died with a valid will, the probate process should not be too difficult. The court will need to validate the will and then make certain the property is passed on in accordance with the will owner’s wishes. 
If your loved one died without a will, the probate process will most likely be longer and perhaps a bit more difficult than if your loved one died with a will or trust. The probate court will need to determine how the estate is divided among descendants according to the laws established in that particular state.
 
Hiring a probate lawyer in this situation is strongly recommended to make certain, again, that your loved one’s estate is appropriately divided among descendants.