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Probate, Wills, & Estates

Overview

Probate is the legal process of getting court authority to transfer property of a person after death.  To start a probate case, a petition or application must be filed with the court and a personal representative must be appointed by a court order.  The personal representative is responsible for the following:

  • Collection, inventory, and appraisal of assets of the person who has died.
  • Protection of the estate's assets.
  • Payment of the debts of the person who has died.
  • Distribution of the remaining assets to the proper parties as provided by law.

There are two types of probate – Formal and Informal.
  • Informal probate - An informal application can be filed to ask the court to appoint a personal representative without a hearing in front of a judge in situations that are less complicated.
  • Formal probate - A formal petition can be filed to ask the court to appoint a personal representative with a hearing in front of a judge in situations that may be more complicated.


 

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Room G25
Minnesota Judicial Center
25 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155

(651) 297-7651

mn.gov/law-library