Probate-Law

Probate Administration

Grieving the loss of a loved one is a difficult and challenging process under any circumstance.  Add a need to probate the decedent’s estate and the endeavor can be overwhelming.  Probate administration is dictated by Minnesota statute and can be challenging to navigate for those unfamiliar with the process.  


Whether nominated by the decedent’s will or family consensus, the job of the personal representative is oftentimes demanding and in many ways thankless.  Hartley Law Office provides decades of probate experience to ensure the process is made understandable and efficiently administered.


Click on the links below for further probate administration information or contact Hartley Law Office to schedule a free initial consultation.

 

Probate Administration
Determination of Descent
Affidavit for Collection of Personal Property

At Hartley Law Office, we specialize in Probate Administration, providing dedicated legal representation to estates and their executors, also known as personal representatives, throughout the entire probate process.

The personal representative, typically designated in the decedent’s will, carries the responsibility of effectively managing the estate during probate. With numerous obligations to fulfill, personal representatives often seek the assistance of our experienced attorneys to ensure compliance with all pertinent laws and regulations.

Our firm offers comprehensive support to personal representatives, assisting them in fulfilling their legal duties. This includes meticulously documenting and safeguarding the estate’s assets, such as real estate, personal property, bank accounts, investment portfolios, and insurance policies. We also facilitate communication with heirs, identify creditors, settle estate debts, and handle the necessary probate submissions.

Furthermore, our attorneys collaborate with personal representatives in preparing the final account of the estate, which provides a comprehensive overview of the decedent’s assets and debts. This account also proposes a fair distribution of property to the decedent’s rightful heirs. In cases where the decedent had an estate plan that incorporated a will, we ensure adherence to its terms, while establishing and administering any trusts outlined in the plan.

Lastly, our legal team supports personal representatives in the preparation and filing of the decedent’s final income tax return. Additionally, we assist in fulfilling any estate tax obligations, ensuring a smooth resolution of all tax matters.

At Hartley Law Office, our goal is to guide personal representatives through the probate administration process, providing them with the necessary expertise and guidance to successfully navigate this complex legal terrain.

Probate Definitions

To provide clarity on the subject of probate administration, we at Hartley Law Office have compiled a list of important definitions related to this topic:

Probate Administration: Also known as estate administration, probate administration is the court-supervised process of verifying and distributing an individual’s assets after their passing.

Last Will and Testament: A Last Will and Testament is a legally binding document that outlines an individual’s final wishes upon their death. In Minnesota, wills typically go through probate, with certain exceptions discussed later in this article.

Probate Litigation: Probate litigation, also referred to as estate litigation, involves formal legal disputes that arise during the probate process. Examples include challenges to the validity or modification of a will before the decedent’s death.

Decedent: The term “decedent” simply refers to an individual who has passed away. Personal Representative: A personal representative is a legally appointed individual responsible for overseeing the administration of an estate.

Executor: An personal representative is named in a will and entrusted with the responsibility of managing the financial obligations of a deceased person.

Trust: Trusts differ from wills as they can be established to provide ongoing financial support to beneficiaries during their lifetime, rather than solely upon the individual’s death.

Trustee: A trustee is an individual designated to manage and ensure the proper administration of a trust, adhering to established guidelines.

Beneficiary: Beneficiaries are individuals named in an estate plan who are designated to receive specific assets from an estate after the individual’s passing.

At Hartley Law Office, we aim to provide comprehensive information and assistance regarding probate administration. Our team of experienced professionals is dedicated to guiding you through the process, addressing any legal concerns, and ensuring that the wishes of the decedent are carried out efficiently and in compliance with the law.