Blaine Probate Lawyer

Blaine Probate Attorney

Losing a loved one is one of the hardest things one goes through in life. In the midst of grief, there are plenty of matters to attend to. The legal process of probate can be an overwhelming prospect that you may not want to deal with. A Blaine probate lawyer can help give you guidance during this trying time, helping you every step of the way so you can focus on your family.

At Trek & Trust Law, we understand how hard this time can be. We have spent years helping the Minneapolis-St. Paul Metro area community with probate, whether you are in the process currently or you wish to plan ahead for your family to avoid it in the future. We care about our neighbors and want to help you make these legal matters as smooth as possible. Schedule a consultation with a Blaine probate lawyer from Trek & Trust Law today.

What Is Probate?

Probate is the legal process of settling an estate that occurs after someone passes, with or without a will. It is the way in which assets are dispersed among the deceased’s loved ones, as either stated in their will or by the order of operations as stated in Minnesota probate laws.

Probate cases for Blaine, Minnesota are handled by the Anoka County District Court, which oversees probate matters including the appointment of personal representatives, asset management, debt payment, and distribution of estates. Probate in Minnesota can be informal, without a court hearing, or formal, requiring a hearing for more complex cases. The process ensures legal authority to transfer property after someone’s death. Estates under $75,000 may avoid probate, but larger estates typically require it.

What Is the Probate Process in Blaine?

Blaine’s probate laws spell out a consistent checklist of actions that must be accomplished in order. The following is a generalized breakdown of most probate cases:

• The first step is to establish whether or not probate is necessary. If the estate is worth under $75,000 or is all jointly owned, then instead you can file an Affidavit For Collection of Personal Property. If the will requires more detailed splitting of inheritance or is worth more than $75,000, then the probate process begins.
• Next, the loved ones will file a Petition for Probate with Anoka County District Court if this is the county in which the deceased lived. Included in this is a request for the court to decide on an executor for the estate.
• The court at this point will officially appoint the executor of the estate. If there is a will, then it will send Letters Testamentary to the designated person. If there is no will, then the person responsible for the estate will receive Letters of General Administration. Due to the fact that only 24% of Americans have a will, this latter option is the most likely. Either way, the personal representative of the deceased has now been chosen.
• The interested parties will be notified. This includes any heirs, creditors, beneficiaries, and anyone who may have a legal stake in part of the deceased’s assets.
• Meanwhile, the court-appointed executor will be doing a full inventory and valuing the estate left behind, and will report their findings to the court. This can be a long, tedious process.
• After all debts, taxes, and expenses are paid, the decedent’s possessions will be dispersed among the loved ones and beneficiaries. This step can be very simple or become complex depending on how those receiving the assets react to the asset division. The courts may be required to settle any disputes.
• Finally, after all creditors and heirs are satisfied, the personal representative will file a Final Account and Petition for Discharge. Their responsibilities will be relinquished, and the whole probate process will be complete.

Confused about probate? Contact a Blaine probate lawyer from Trek & for expert guidance today.

Hire a Blaine Probate Lawyer

Probate may go smoothly, or it can quickly become complicated. Even the simplest probate cases can involve a large amount of paperwork and time-consuming additional work on top of your normal obligations. It can be a good idea to hire a probate lawyer who is well-versed in probate law.

Probate lawyers can be extremely beneficial during every step of the process, from establishing the executor to filing the final account. A skilled Blaine probate lawyer will be there to handle any disputes between beneficiaries or creditors.

During this time of grieving, let a probate attorney handle the legal headaches and paperwork.

FAQs

How Much Does a Probate Lawyer Cost in Minnesota?

There is no set cost for a probate lawyer in Minnesota. Some factors that can affect cost are the complexity of the case, the value of assets, and even where you and your attorney are located. Speak with your probate lawyer about your specific case to get a better idea of what costs and fees may arise in the legal proceedings.

Do You Need a Lawyer for Probate in Minnesota?

While strictly not legally required, a probate attorney can make the distribution of assets a far smoother process. There are many complex state laws to keep in mind that a probate attorney is already proficient in. If there is any dispute between heirs, then a probate lawyer can help settle matters before things escalate. They can also speed up the process, letting you move on from legal matters and focus on your own healing.

When Is Probate Not Required?

If the estate in question is worth $75,000 or less, then you may be able to avoid going through the probate process. If assets are owned jointly, such as property or bank accounts signed with another individual, the other person may be able to assume sole ownership. Finally, if the decedent’s assets were held in a trust, the process would follow Blaine trust laws.

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

The main difference between a Blaine estate planning lawyer and a probate lawyer is who they serve. An estate lawyer focuses on setting up wills, trusts, and other comprehensive plans in the event of their clients’ passing. A probate lawyer, on the other hand, focuses on the legal process that occurs after someone has passed. Simply put, an estate lawyer looks to the future while a probate lawyer helps in the present.

Speak with an Experienced Blaine Probate Lawyer Today

At Trek & Trust Law, we understand how difficult the loss of a loved one can be. Our compassionate legal team treats our clients with the sensitivity they need during this time. Contact us today so we can help you with your case, or schedule a visit to our Elk River offices—located near Oak Savanna Park.