Minneapolis Business Lawyer

Probate Administration

Probate is the process of proving the validity of a will in court, transferring the deceased person’s property, and settling the final affairs. Probate property is the property titled in the deceased person’s name alone. Property that is not considered probate, and is therefore not part of a probate proceeding, includes property held in the deceased’s name along with a surviving party, assets held in a trust, accounts that are payable on death or will transfer on death, and insurance or retirement benefits.

The probate process should be begun as soon as possible following the person’s death. Probate hearings are a necessary step to give the executor legal authority to deal with all final loose ends after a person’s death, including paying necessary bills and safeguarding their assets. Once granted legal jurisdiction over the property, an executor can legally care for all property, receive payments, collect debts, determine any heirs and beneficiaries, pay federal and state taxes, and carry out distribution of the possessions and assets to all heirs.

It is strongly recommended to speak with an attorney before beginning the probate administration process. Although it can be done alone, complicating factors such as the right of survivorship can complicate the process. Additionally, if the deceased party had no will, distribution of assets after administrator status is established can be even more confusing.

If you need assistance with probate administration, the experienced Minneapolis business lawyers at Skjold Barthel can facilitate the process. Contact them today at 612.746.2560 to learn more about your situation and the probate administration process.