Anoka Probate Lawyer

Anoka Probate Attorney

Losing a loved one is an emotionally devastating event. In the aftermath, the last thing you may want to focus on is the many legal issues that arise after someone’s passing. An Anoka probate lawyer can guide you through the process of handling your loved one’s assets, allowing you the proper time to grieve and spend time with your family.

About Us

At Trek & Trust Law, we understand how difficult this period can be. Our team has helped the people of Anoka, Elk River, and the surrounding cities for years in their probate cases. We take a flexible, down-to-earth approach to cases, focusing on clear communication and honesty. With us, you are treated like a real person, not just another client. Schedule your consultation today.

What Is Probate?

Probate is the legal process that a decedent’s estate goes through if there are no estate documents available. Since 24% of Americans have a will, and 59% have no estate plan at all, probate is a common aspect many Minnesotans must contend with.

Not all estates have to go through probate. One common exemption is if the decedent’s property was worth less than $75,000. In such cases, loved ones can file an Affidavit for the Collection of Personal Property instead. Another way to avoid probate is if the deceased had jointly owned property, bank accounts, or other key assets.

If your case is not exempt, the following are the stages of probate in Anoka, Minnesota:

Initial Petition

Probate begins with an initial petition. The submitted petition must include all relevant information, including:

• Any existing will
• Death certificate
• Information for the personal representative, if detailed in the will
• The name and address of all heirs and those named in the will
• Other documents deemed necessary

This petition is filed with the probate court, located at 325 E. Main St., Anoka, MN 55303.

Personal Representative Appointment

Once the petition for probate is submitted, the courts will appoint the personal representative for the probate case. This person will be responsible for carrying out the terms of any existing will and appropriately distributing the decedent’s property. Courts tend to select the person named in the will, but if that is not possible or there is no will, Minnesota has a set hierarchy for who is chosen next.

Estate Management

The personal representative, after confirmation, will proceed to assess the decedent’s estate. This involves finding all property, identifying it, and accurately valuing it. They must provide a detailed and complete inventory of assets within six months of their appointment. Throughout this process, it is important to keep your private assets and estate assets completely separate.

At this stage, the personal representative must also notify all heirs, beneficiaries, and interested parties. This is a crucial step both to allow relevant parties to challenge aspects of the probate, and for creditors to be aware of the decedent’s passing. It is at this step that litigation can often begin.

Distribution of Assets

With a clear inventory, the personal representative starts distributing assets. First, any taxes, fees, and outstanding debts must be paid. Once both expenses are settled, the beneficiaries and heirs receive their share. After all assets have been distributed, the personal representative closes the case with the court’s approval.

Hire a Probate Lawyer — Trek & Trust Law

Probate can be a legally dense process to navigate alone. Hire a probate lawyer who can assist you through your case and provide insight into what mistakes to avoid. An Anoka probate attorney can be by your side for every step of the proceedings, from initial filings to potential litigation and final distribution.

FAQs

Do I Need a Lawyer for Probate in Minnesota?

In Minnesota, you are not required to have a lawyer during probate, but it is highly recommended. Probate law can be a confusing realm of the law, with mistakes costing you money and time away from your family. A probate attorney can manage the difficult parts, break down terms, and guide you through the proceedings using their experience.

How Much Does a Probate Lawyer Cost in Minnesota?

How much a probate lawyer costs depends on the size of the estate, the complexity of the case, and how many work hours it requires. A small estate with all beneficiaries in agreement tends to cost less than a case involving high-value assets and contesting interested parties. Your probate attorney can provide an estimate based on the details of your case for how much the final cost may be.

What Is the Difference Between an Estate Lawyer and a Probate Lawyer in Minnesota?

The main difference between an estate lawyer and a probate lawyer is the scope of focus. A probate lawyer is concerned with the probate process specifically, whereas an estate lawyer covers trusts, wills, and all other types of estate planning.

Another difference is the time at which you contact them. A probate lawyer is useful after someone dies, while estate lawyers can help plan for the inevitable beforehand. There is often a large overlap in knowledge between the two.

How Long Do Probate Cases Take in Minnesota?

How long your probate case will take is affected by the court’s current workload, the complications of your case, and whether it is contested or not. An informal probate, where all parties are in agreement, can be resolved relatively quickly, whereas a formal probate with lengthy litigation can take a considerable amount of time to finalize. Ask your probate attorney for a timeline for how long your specific case may take.

Speak With an Anoka Probate Lawyer Today

At Trek & Trust Law, we aim to assist you with your probate case, and we possess the knowledge and experience to make a positive impact on your situation.

Contact us today for an initial consultation, where we can learn your story and begin helping you during this challenging time. You may also visit our Elk River office by appointment, located on Joplin Street near Sherburne County Fairgrounds and Oak Savanna Park.