Types of Probate Proceedings
The Minnesota statutes dealing with probate, called the Probate Code, provide several different types of probate proceedings to address the variety of issues and needs which might arise. The complexity of the type of proceeding required will depend upon such issues as determining the decedent’s heirs, the validity of a will, the types of assets in the estate and their value, the potential for disputed claims, and the desire for formal court approval of the acts of the personal representative. When more than one type of proceeding is permissible, it is important to select the one that best fits the specific needs of the decedent’s estate. The five most common types of probate proceedings are listed and described below.
Collection by Affidavit for Small Estates
When the net value of the decedent’s probate assets is $50,000 or less, a simplified procedure is available to collect certain probate property. This is accomplished by means of an affidavit prepared in duplicate and in accordance with the law. The person entitled to receive the property signs a legal form known as an affidavit, which sets forth the required information, including that the person signing the affidavit is legally entitled to receive the decedent’s assets. Under this affidavit procedure, no personal representative is appointed. When the properly executed affidavit is presented to the person in possession of the property, that person is then authorized to deliver the property and be fully discharged of any further responsibility regarding the property. This process can be complicated by the existence of creditors’ claims and therefore should not be done without legal counsel. Some property, such as real estate, cannot be transferred by affidavit, making this procedure unavailable.
Summary Administration
Some probate assets are exempt from the claims of creditors. When all the probate assets of the estate are exempt from creditors and the value of the assets do not exceed certain limits specified by law, summary administration may be available. Summary administration settles the estate without a lengthy administration since creditors do not need to be given an opportunity to make claims. The statutes authorizing summary administration are quite restrictive. Because of this, it is infrequently available for a decedent’s estate.
Determination of Descent
If more than three years have elapsed since the death of the decedent and no probate proceeding has been commenced, a determination of descent proceeding is typically required in order to transfer the decedent’s probate property. No personal representative is appointed. The court issues a decree ordering the property to be transferred according to the decedent’s will or Minnesota’s statutes. This procedure is often used when it is discovered that the decedent is still in title to real property long after his or her death and the property has not been transferred to the appropriate individuals.
Informal Probate Administration
Informal proceedings for the appointment of a personal representative and probate of the estate may be available for certain estates. The court appoints a personal representative to handle the estate in a more informal manner unless court supervision is requested by an interested party. Although informal administration may work well in many estates by minimizing the court’s involvement and supervision of the estate, it may not properly resolve issues better addressed and approved by the court. More information about the process of this type of proceeding is discussed below.
Formal Probate Administration
Formal probate administrations are judicial proceedings commenced by filing a petition with the probate court. Court orders throughout the proceedings are made only after advance notice is given to all interested parties. Formal proceedings can be either court supervised or unsupervised, depending upon the extent to which court involvement is desired or necessary. More information about the process of this type of proceeding is discussed below.
Next Section >> The Probate Process