As evidence of the distributee’s title, the PR executes and records a deed of distribution in the recorder’s office of the county wherein the subject property is located. For distributions of real property, a deed of distribution is evidence that a distributee has succeeded to the decedent’s interest (§ 524.3-908). PRs also have authority to recover property to pay the decedent’s debts (§ 524.3-710).Īfter the expenses of the estate have been paid, the PR may make distributions pursuant to the decedent’s will (for testate estates) or laws of intestate succession (for intestate estates). § 524.3-203 establishes the priority of persons entitled to letters of administration.īy process of law, a decedent’s property devolves to the person(s) presumptively entitled to receive it upon the decedent’s death, unless the personal representative needs to take possession of the property for administrative purposes (§§ 524.3-101, 524.3-709). Minnesota uses the general term “personal representative,” regardless of whether the decedent names an executor of his or her will or the court appoints an administrator of an intestate estate. Probate commences with the issuing of letters of administration to the personal representative, whose fiduciary capacity is to administer the estate until its closing. An estate is said to be intestate when a decedent dies without a will.Īn application for probate of a will or petition for appointment of a personal representative (PR) is initiated in the Probate Court of the county in which the decedent was domiciled at the time of death. Petitioners can apply for informal or formal probate of a will (for a testate estate) or informal or formal appointment of a personal representative (for an intestate estate). Informal probate is handled by the Probate Registrar with limited court supervision. Formal probate is a more supervised process conducted with notice to interested persons. Minnesota recognizes two types of probate: formal and informal. Property held with a beneficiary designation (such as a transfer on death deed) or survivorship interest and property held in a trust transfers outside of probate.Ĭhapter 524 of the Revised Statutes of Minnesota (Uniform Probate Code) governs probate proceedings in the state. Regardless of whether the decedent left a will, all property (real and personal) owned by the decedent individually or as a tenant in common is subject to probate. Probate is the legal process of settling a person’s estate after he or she has died, including distributing the decedent’s property to those entitled to receive it.
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