Probate is the term to describe the legal process of administering a person’s estate upon their death. For those persons with a legal will on file, the probate process involves validating the will and carrying out the provisions or instructions it contains. This includes matters like distributing assets, paying debts and taxes and other last wishes.
Segal Duffek Moen PLLC recommends that everyone have a legally documented will on file. This makes the probate process much easier on everyone involved, especially your loved ones. A will deals with the distribution of your assets after your death, but also such important matters as designating a guardian for any minor children you leave behind.
If you die without a legal will on file, the probate court will follow the laws of the State of Minnesota to distribute your assets. Strangers will make important decisions about your assets and other personal matters. Call Segal Duffek Moen PLLC today to discuss crafting a will and other estate planning needs.
Terms to Know When Preparing for Probate
Probate is a legal process that involves certain terminology. The process can be overwhelming, especially when dealing with the loss of a loved one. Knowing the basic legal terms that are involved in probate can help you understand the process and make preparations easier. Common probate terms include:
- Decedent – this is the deceased person whose estate is undergoing probate.
- Executor or personal representative – this is the person charged with carrying out the instructions left in the will by the decedent.
- Administrator – this is the term for a court-appointed executor, for those who die without a legal will on file.
- Intestate – a probate case where the decedent has died without a legal will on file.
- Letters testamentary – this is a legal document from the probate court authorizing the executor to begin carrying out the terms of the will.
Notice of probate and notice to creditors – these notices must be submitted in writing to all interested parties, including creditors, by the executor.
Prepare for Probate in Minnesota
An estate planning attorney from Segal Duffek Moen PLLC can help you prepare for the probate process in Minnesota. We can help you craft and file a legal will to prepare for probate, and we can assist your family with probate matters on the event of your death. Call our Minneapolis office at 952-358-7400 today and schedule a probate or estate planning consultation.