We have offices centrally located in Apple Valley, Minnesota at 15050 Cedar Ave. Ste. 116 Apple Valley, MN 55124.
The firm’s Apple Valley office serves clients in Dakota County to handle their probate and estate administration needs. The firm’s probate attorneys have experience working with people to answer their questions on whether a probate is necessary and, if so, how to go about administering a deceased person’s estate.
Typical questions about the probate process in Apple Valley include:
- How long does probate take?
- What are the attorney fees for probate?
- What are the first steps that a personal representative should take?
The first question that the probate attorneys at the firm often ask client is whether the estate has a value of over $50,000. If a deceased person’s estate is not worth over $50,000 then a probate will not be necessary. Instead, a small estate affidavit may be used to transfer money to an “interested persons” – traditionally a surviving spouse or child of the deceased person. Once the small estate affidavit is used, then the money can be transferred, the debts (if any) can be paid, and the deceased person’s estate can be closed. Again, all of this can be done without utilizing the Dakota County probate court.
Probate Law Firm in Apple Valley, Minnesota
If an estate is valued at more than $50,000, then a probate will likely need to be commenced in the Dakota County probate court. The law firm has experienced and approachable attorneys who will help you with your probate and estate administration questions.
If the person who passed away was a resident of Apple Valley, then their estate will most likely need to be probated in Dakota County, Minnesota. The Dakota County probate court is the proper court of jurisdiction because a deceased persons’ estate is governed by their “domicile” or residence at the time of death. However, if the deceased person had other assets or an interest in real estate in another county in Minnesota or in another state, then an ancillary probate administration may need to be commenced.
Assuming Dakota County probate court has jurisdiction, the first step is choosing a personal representative. If a deceased person had a Will or Trust, they will be deemed to have died “testate”. If a deceased person did not have a Will, they will be deemed to have died “intestate”. This difference is significant as the law treats people who died with a Will very differently to those who died without a Will.
Presuming an Apple Valley resident died with a Will, or “testate”, the Will likely has nominated a personal representative. This is most often a surviving spouse or child. When a personal representative is “nominated” in the Will, then that nominated person will need to petition the Dakota County probate court to serve as the personal representative and administered the deceased person estate.
The probate petition in Apple Valley, Minnesota
As we stated, the nominated personal representative will petition the court to serve. Here, the probate lawyers at the firm will counsel this person on whether to start a “formal” or “informal” probate. The difference between formal and informal probate can be significant. In the main, the majority of cases will be administered as “informal” and “unsupervised” estates. This is because, in many instances, there is very little need for court supervision of the actions of a personal representative.
Once the probate petition is filed and approved by the court, a hearing may or may not need to be held before the probate judge. Again, whether a hearing is necessary is something that is outlined under Minnesota probate law. A person who has questions about when a hearing is necessary should consult with a probate attorney first.
Assuming the probate petition is accepted, the case will then be “officially” commenced in the Dakota County probate court. From here, the personal representative will need to administer the estate properly. Assets will need to be identified and collected and debts will need to be paid.
The probate “administration” process can be just as complicated as getting into the probate court. A probate attorney should be consulted about how to administer the estate and what should be done throughout the process.
Further information on the probate process in Apple Valley, Minnesota:
- Intestate versus Testate
- Personal Representative Duties
- Creditors of a Probate Estate
- Minnesota Probate Laws
- MN Probate Rules
- Does this estate need to be probated?
- How long does a probate take?
- What is the cost of a probate?
Minnesota, North Dakota, Indiana Probate Attorneys & Lawyers
Joseph M. Flanders is licensed to practice probate law in Minnesota, North Dakota, and Indiana. He has experience probating estates – both large and small – in all three states. At times, it is also necessary to probate assets or debts in multiple states.
Apple Valley, MINNESOTA PROBATE ATTORNEYS AND ESTATE LAWYERS
For more information on an Apple Valley, Minnesota probate, the law firm provides estate administration services to individuals and families (55124, 55125) and the surrounding townships and locations.
City of Apple Valley
7100 147th St. W.
Apple Valley, Minnesota 55124
Free Initial Probate Consultations
For further information or advice on your particular Minnesota probate case, contact law firm at 612-424-0398
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