Probate: What It Is, and What It Is Not

Minnesota Probate Representation and Assistance for Executors,
Personal Representatives, and Trustees

Need Help Probating a Will? Contact my Minneapolis law firm now for a free consultation.

Probate is the legal process that an estate goes through after a person has died. During probate, an executor or personal representative will pay any debts of the deceased person's estate, collect any money owed to the estate, file estate tax and, potentially, income tax returns, and distribute remaining money and property to the deceased person's heirs and beneficiaries.

If there is an estate plan in place, the process of probating an estate in Minnesota is not particularly time-consuming or expensive. On the other hand, if there was no will or trust in place, the situation becomes much more complicated.

Why Work with a Minnesota Probate Attorney?

Avoid Mistakes: The best reason to work with a lawyer is to avoid making mistakes in the first place. Probate is very detail-oriented. There are procedures that must be followed in order, and according to a particular time line. If you haven't probated an estate before, you will feel much more comfortable that you have accomplished everything correctly if you are working under the guidance of a probate attorney.

Avoid Lawsuits: Probate is a legal process. If an heir or beneficiary proves the probate has been handled improperly, the executor or personal representative can be held legally and financially accountable.

I'm Twin Cities probate attorney Ann Wilczynski. I provide affordable, convenient estate planning and probate services to families in the eight counties that make up the greater Twin Cities metro area. Contact my law office when you need assistance probating an estate in the Twin Cities area.

If There Is an Estate Plan

Probating an estate when there is an estate plan is a straightforward process that can take as little as four months. It typically does not require any court appearances on your part. As your probate lawyer, I can help you understand the process, the timeline, the documents to be filed with the court, and any shortcuts that can keep the process moving as quickly and inexpensively as possible.

If There Is No Estate Plan

In cases where there is no valid will, it is particularly important to work with a probate attorney, particularly to avoid problems and potential litigation. As your attorney, I will help you locate heirs and investigate whether a valid will was created at some point. If no valid will exists, probate will proceed much the same as if there is a will, but with more court intervention.

When there is no will, communication with the family members and heirs becomes even more important. By explaining the process, the timeline, and what the personal representative can and cannot do, we can manage the beneficiaries' expectations to avoid bad feelings and possible litigation later on.

Even when there is a legal will in place, there may be a great deal of property that is not covered by it. Also, significant issues may remain in regards to the distribution of property to the proper heirs.

Many people who write wills without the benefit of counsel fail to take into account changes to their assets—worse, they may not have updated their wills when they married, divorced, entered into a cohabitation agreement or left one, or had children. The court may have to decide who all of the legitimate heirs are. Similar issues exist when incomplete estate plans were created, or when estate plans were not brought up to date.

Probate can be a daunting prospect for an untrained person, but you can get help. Contact my law office for a free consultation about how I can help you probate an estate in Minnesota.

Law Office of Ann M. Wilczynski, PLLC

Law Office of Ann Wilczynski, PLLC

5775 Wayzata Boulevard, Suite 700
St. Louis Park, MN 55416
Phone 952 525-2276
Fax 952 546-4829
E-Mail Me

Twin Cities, Minnesota estate planning attorney and probate lawyer Ann Wilczynski provides legal services to families throughout the greater Minneapolis - St. Paul metro area in communities in Hennepin County, Ramsey County, Dakota County, Anoka County, Carver County, Scott County, Washington County, and Wright County, including Minneapolis, Saint Paul, Edina, Richfield, Bloomington, St. Louis Park, Hopkins, Eden Prairie, Minnetonka, Golden Valley, Plymouth, and Eagan.