Minnesota Uniform Probate Code

by Flanders Law Firm LLC on May 2, 2012

Probate law is a function of state governments.  A Minnesota probate lawyer will tell you that this means that there is little or no federal law related to probate administration.  There is law related to federal taxation, yes.  However, state law governs the actual probate proceedings.

The statutory authority for probate administration in Minnesota is found, for the most part, in Minnesota Statutes Chapter 524 (the “Uniform Probate Code”) and chapter 525 (the “probate proceedings”).

Minnesota’s version of the Uniform Probate Code (“UPC”) became effective in the state on January 1, 1976.  As is stated in the law, the purpose of the code is to:

  1. Simplify and clarify the laws related to deceased persons, missing persons, protected persons, minors, and incapacitated persons;
  2. Enable the proper individuals to discover and effectuate the intent of the deceased related to the distribution of estate property;
  3. Promote a speedy and efficient legal system which enables the proper individual(s) to liquidate the estate and make timely distributions to the successors;
  4. Have a uniform law among the various states (jurisdictions).

Minnesota is interested in the uniform, timely, and proper administration of estates for many reasons.  For example, Minnesota will want to ensure that the deceased’s Will is being complied with – or, in the absence of a Will, that the intestate estate is disposed of correctly.  Minnesota also will want to assure the payment of taxes related to the estate; ensure that creditors are paid the money they are owed; and protect a surviving spouse or other members of the deceased’s family.

The Minnesota probate code gives the personal representative, heirs, and other devisees choices about how the estate of their loved one will be administered.  Now, these parties do have choices to make; however, they need to be aware that those choices may be taken away by a judicial officer who finds that the estate assets and debts are not being dealt with in a lawful fashion.

Minnesota probate attorneys will explain that the probate process is complicated and cumbersome.  It takes time and the personal representative, heirs, and other interested parties to be patient.  In the probate administration field, there are many requirements that must be dealt with before the estate is ultimately closed.  A typical estate may take up to a year to fully run-its-course.  However, there are many examples of estates being open for many years.  However, such estates would be the exception to the norm.

In sum, the Minnesota probate code and the probate proceedings statutes enable the state of Minnesota to effectively monitor and ensure that a deceased person’s estate is dealt with in a timely fashion.

Related posts:

Share

{ 4 comments… read them below or add one }

tr jackson February 7, 2015 at 9:37 pm

In subparagraph 4, you have: “incapacited”, and just below you have: ” a survigin spouse “.

There may be more such elsewhere, but I have stopped reading as there is nothing here that I do not already know.

Reply

tr jackson February 7, 2015 at 9:40 pm

In subparagraph 1, you have: “incapacited”, and just below you have: ” a survigin spouse “. (If I said “4” before, it was my error.)

There may be more such elsewhere, but I have stopped reading as there is nothing here that I do not already know.

Reply

Flanders Law Firm LLC February 8, 2015 at 8:59 pm

Thank you for the comment. Much appreciated.

Reply

tom schober July 31, 2017 at 6:40 pm

Hi, I have a question. I am the Executor/Administrator of my fathers Estate.
His main asset is a $y proportionately17,000.00 balance in his checking account. His last bills have been paid. Does Probate need to be completed or can I just distribute the money proportionately to all Beneficiaries.
Thanks, Tom

Reply

Leave a Comment

{ 1 trackback }

Previous post:

Next post: