PROBATE

     Probate is the legal process that transfers title to property from the estate of the person who has died (the “decedent”) to his or her designated beneficiaries or heirs at law.  Basically, Probate is the process of determining who gets what from the Decedent’s estate. 

     Generally it is necessary to go through probate before the Decedent’s property can legally be distributed among the heirs.  There are exceptions to formal probate and a less formal procedure may exist for the transfer of a decedent’s property, however the transfer will still occur under the general supervision of the Probate Court.

     Even when a Will exists a Court has to allow interested people an opportunity to object to the Will, and if there are objections, to determine if the Will is valid.  There are a number of factors that must be considered in determining the validity of the Will including:

             (1)   the existence of a later Will,

             (2)   a competency issue regarding the maker of the Will,

             (3)   issues of undue influence,

             (4)   improper execution or witnessing of a Will, and

             (5)   other reasons that the Probate Court may

                     have to determine prior to allowing the 

                     Will to Probate.

     The Personal Representative (sometimes referred to as the “executor” or “executrix”) named in a Will normally submits the Will to probate by and through the assistence of an attorney and is appointed as Personal Representative of the Decedent’s estate by the Probate Court.  The Personal Representative has the responsibility of managing the estate through the probate process subject to the laws and procedures established by the State of Minnesota. 

     Donohue Novak At Law has handled many Probate matters providing guidance and advice on large and small estates.  A probate matter may be very simple or complex depending on the particular facts and issues presented by the Will, the size of the estate, or the heirs. 

     Our office would appreciate the opportunity to assist you with concerns or questions you have regarding the probate process and we invite you to contact us at your convenience. 

DONOHUE NOVAK AT LAW

320 255-9052

DNAL@donohuenovakatlaw.com

Peter A. Donohue, Attorney       Michael E. Novak, Attorney