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There's no easy way to say how long Minnesota probate should take, but one year is a good rule of thumb. An estate that includes a clear will and beneficiaries who can get along may take less than a year whereas one that involves taxes, challenges, multiple attorneys, or other complications can drag on much longer.
If your personal property exceeds $75,000 or you own real estate in your name alone, your estate must be probated.
To start a probate case, a petition or application must be filed with the court and a personal representative must be appointed by a court order. The personal representative is responsible for the following: Collection, inventory, and appraisal of assets of the person who has died. Protection of the estate's assets.
Trusts. One of the most popular ways to avoid probate is by having a revocable living trust as part of your estate plan.
A letter of testamentary provides the institutions and individuals with whom you will be interacting in your capacity as executor adequate proof that you are authorized to manage the assets of an estate.
The only way to get ?Letters? is to open a probate case with the court and be appointed as the personal representative of the decedent's estate.
In order to receive letters testamentary, a personal representative (executor) of the estate must be appointed by a district court in Minnesota. The proper court will be located in the county where the deceased person lived (domicile) or had assets. The personal representative will be chosen in the deceased's Will.
The only way to get ?Letters? is to open a probate case with the court and be appointed as the personal representative of the decedent's estate.