Minnesota Involuntary Petition Against a Non-Individual

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US-B-205
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Involuntary Petition Against a Non-Individual

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FAQ

A personal representative (sometimes referred to as executor or administrator) is the person in charge of handling the estate of the decedent. Personal representatives are appointed by a District Court Judge in formal probate cases or by a Probate Registrar in informal probate cases.

In Minnesota, probate can take on average 12-18 months and can cost as much as an average of 2 to 3 percent of the estate value. In Minnesota, if a decedent has less than $75,000 of assets and no real estate, they may bypass the probate process. If a trust is involved, there will be a trustee or trustees.

Real estate must be probated unless owned jointly or listed in a living trust. If your estate is worth less than $75,000, your heirs may be able to avoid complex probate by signing an affidavit for the collection of personal property. This is a simplified version of probate.

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.

In Minnesota, probate can take on average 12-18 months and can cost as much as an average of 2 to 3 percent of the estate value. In Minnesota, if a decedent has less than $75,000 of assets and no real estate, they may bypass the probate process. If a trust is involved, there will be a trustee or trustees.

The informal probate process is initiated by filing an application with the probate court. In some counties, you must file the application in person. If the probate registrar determines the application is complete, the registrar will issue a statement of probate and appoint a personal representative.

Informal probate allows the estate to be probated through an administrative process without any court involvement and no court hearings. The estate is opened by an application and can be opened the day that the application is filed, or within a few days.

Factors that impact fees are: size and complexity of the estate; disposition of property; relationships among heirs. Total fees from the opening to closing of an INFORMAL probate generally range from $3,500 ? $6,000.

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Minnesota Involuntary Petition Against a Non-Individual