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Heirs may not take your personal property until 30 days after your death. If your personal property exceeds $75,000 or you own real estate in your name alone, your estate must be probated.
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.
Your personal representative starts a probate proceeding by filing an application or petition with the probate court in the county where you lived at the time of your death. Probate proceedings in Minnesota may be either formal or informal and generally must be initiated within three years after the decedent's death.
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.
After a probate estate has been opened, notice of the proceedings must be published for two (2) successive weeks in a legal newspaper in the county wherein the proceedings are pending. A creditor must file a claim against the estate usually within four (4) months after the first date of publication.
But any asset you own solely in your name may have to go through probate. These are your individually-owned assets, and they include: Titled assets (like your house or car) Investment accounts or portfolios.