Minnesota Probate Lawyers

Probate & Trust Administration

 

Often, people believe that a will avoids probate; however, this is typically not the case. Rather, a will is a document which dictates when, how, and to whom an individual’s assets are distributed after his or her death. In most cases, a will must be probated. Probate is a Court process that transfers assets from a deceased party to his or her heirs and devisees by a will. If the deceased party dies with a valid will, then the will dictates the individuals to inherit from the deceased party’s assets after his or her death. However, if the deceased party dies without a valid will, then the distribution of his or her assets is governed by the state’s intestacy statutes (typically passing to the deceased party’s next-of-kin) through an intestacy proceeding. A personal representative (or executor) is the individual nominated in a will to probate the will and transfer the deceased party’s assets from his or her estate to his or her designated heirs. At Davis Law Firm, we have extensive experience with both probates and intestate proceedings. We assist personal representatives in determining whether a will must be probated, liquidating estate assets, handling estate creditors, filing estate tax returns, and distributing the estate assets to the designated heirs. We also represent beneficiaries in will contests or to ensure that their interests are protected throughout the probate process and that they receive their full inheritance.

We also have worked extensively with the administration of various types of revocable trusts (or living trusts), irrevocable trusts, testamentary trusts, and supplemental needs or special needs trusts. A trust, whether revocable, irrevocable, testamentary, or other, is created by a trust agreement, which dictates when, how, and to whom an individual’s assets are distributed either after his or her death, or at some other chosen time. The trust agreement also appoints a trustee to manage and distribute the assets held within the trust pursuant to the terms of the trust agreement. If an individual’s assets are property funded to his or her trust, those assets do not need to be probated. At Davis Law Firm, we often represent trustees throughout the administration or distribution of the trust assets.

Probates and trust administrations can be difficult and time consuming. Minnesota law dictates that a probate remain open for a minimum of four months and must be commenced within three years of the deceased party's date of death. In reality, most probates are open for at least six to nine months. While trust administrations are not subject to a mandatory timeframe, they often last for several months as well. At Davis Law Firm, we are able to assist our clients in navigating the various laws and Court proceedings and make the process of transferring assets and administering an estate run smoothly and efficiently.

 

Contact Us



Davis Law Firm, P.A.
3006 Allegro Park Lane SW, Suite 3
Rochester, MN 55902

Phone: 507-424-6330
Fax: 507-424-6332