Probate is the legal court process of transferring assets from the deceased person to their beneficiary or beneficiaries. Probate occurs during one of life’s most difficult times: at the death of a loved one.
Not all assets are probate assets. Probate assets are assets that are in the deceased person’s name only. Non-probate assets are assets that are in both the deceased person’s name and someone else’s name or that have a beneficiary designation. Probate in Minnesota is relatively straightforward. If the deceased person has an estate plan, including a Will, the process is even more clear.
There are two ways to begin the probate process: filing an application for informal probate or filing a petition for formal probate. There are many important factors to consider before starting the probate process. Determining whether to go through probate informally or formally is something to carefully consider with your attorney.
Probate may be avoided altogether, with various estate planning techniques and documents. This may make the process easier for loved ones. Non-probate administration is done privately, rather than through the courts, and can take less time to distribute assets.
Claire understands that this time can be very difficult for the friends and family members of the loved one. After a loved one has passed, the most important tasks to focus on are the funeral or memorial service; once you are ready, Claire can help you begin the probate process in a respectful manner.