How Long Does Probate Take in Minnesota?

Most of the time, Minnesotans are probably looking at six months to a year or more for a probate action to be completed.

There are various forms of probate in Minnesota. Probate proceedings may be formal or informal. Formal proceedings may be supervised or unsupervised. Formal proceedings are used, for example, when some of the beneficiaries are minors, the heirs are fighting, or the original Will is missing or not executed properly. Insolvent estates are routinely administered “formal, supervised” because the Probate Court needs to supervise the priority given to certain debts under Minnesota law.

A key driver of the duration of a Minnesota probate action is that creditors are given four months to make a claim after receiving official notice of the probate.

(Minnesota also offers a summary administration proceeding, which skips the four-month claim period for creditors. However, this proceeding can only be used when all of the probate assets are exempt from creditors under Minnesota law, and the value of those assets fall below certain limits specified by statute. Thus, the summary proceeding is often not an option.)

Another driver is the speed at which the personal representative is able to perform his or her duties. The personal representative of the estate has multiple duties, including determining the assets and liabilities of the estate, providing for the payment of debts, taxes and expenses, and determining who is entitled to distributions.

Probate is required in Minnesota if the deceased died with more than $50,000 in assets in his or her name alone, or owned real estate in his or her name alone.

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Disclaimer: This Blog is for informational purposes only and is not to be construed as legal advice. If you have questions, please seek the advice of an attorney. An attorney-client relationship is not formed by reading this Blog. If you are interested in Wittenburg Law’s representation of you, you must contact Wittenburg Law for a determination of whether your matter is one for which Wittenburg Law is willing and able to accept representation of you.

Bonnie Wittenburg, Wittenburg Law Office, PLLC, Minnetonka, MN   952-649-9771 www.bwittenburglaw.com   bonnie@bwittenburglaw.com