Probate & Estate Administration

Probate and trust administration can be difficult and time-consuming. Minnesota law dictates that 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, P.A., we 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.

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 their death. In most cases, a will must be probated.

Probate is a court process that transfers assets from a deceased party to their heirs and beneficiaries 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 their death. However, if the deceased party dies without a valid will, then the distribution of their 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 their estate to their designated heirs.

At Davis Law Firm, P.A., we have extensive experience with both probate 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.

If you have not yet created an estate plan, or if you need to update your estate plan, contact Davis Law Firm, P.A. We will assist you with estate planning, including how to avoid probate. To schedule your consultation with our Rochester firm, call 507-424-6330 or send us an email.