The death of a loved one can cause many emotions, including the confusion about how to settle the estate. In many cases, probate is necessary in order to determine how the property and assets will be divided. Although most people want this process to be as quick and painless as possible, there are often factors that require probate to be a very structured procedure. In the event of a complicated estate, formal probate is typically the best option for handling the settlement. If you live in Minnesota and are faced with formal probate, then our attorneys are here to help you through the process.
Need for Formal Probate
When formal probate is necessary, some level of court involvement will be present. In cases of formal probate in Minnesota, a District Court Judge will need to be involved, either in a supervised or unsupervised manner. During formal probate, the Personal Representative is appointed by the courts. The judge’s involvement will often depend on the complexity of the estate and the amount of direction the deceased has left for the Personal Representative.
Formal probate is necessary in cases where there is disagreement about how the estate should be settled. If there are any problems during the process of settlement, then the judge will need to step in to make the determination. While this can make the settlement take longer, it ultimately will make sure that the best interests of the deceased and the heirs are maintained.
When Formal Probate is the Best Option
Not every estate needs to be settled with formal probate. However, when there are disagreements or complexities, then formal probate typically is the best option. There are many instances where informal probate cannot be considered at all. Formal probate should be filed if any of the following is true:
- The parties involved (including heirs and devisees) have a disagreement regarding any property or assets;
- Any of the provisions written in the Will are confusing, ambiguous, or not possible to carry out;
- Any of the heirs or devisees are minors;
- The Will’s validity needs to be verified;
- There are complex administrative procedures involved in the estate; and
- The estate must be divided in a way that is contrary to the Will
There are many other circumstances where formal probate may be better than informal probate. If you are uncertain which type of probate is best, contact our experienced probate attorneys. We can help you understand all of your options, and we can determine whether or not you need formal probate.
Are you facing probate and question whether to proceed formally or informally? No matter how complex the estate or how big a disagreement, we can help you through the process and make sure everything is resolved properly and promptly. Contact the Brown Law Offices, P.A. at 763-323-6555 for free consultation.