While Minnesota do-it-yourself Probate may be a real option in certain situations, it is not suitable for everyone, or in every probate estate.

Minnesota Do-it-yourself Probate

Probate Forms

There are a number of Minnesota probate forms which are now freely available on the Internet from various sources to persons desiring to complete a Minnesota Do-it-yourself Probate.

However, while some of the forms are self explanatory – other forms are more difficult to work with – particularly for newcomers.

Probate Terms and Procedures

There are also glossaries of probate terms, and descriptions of procedures relating to the administration of estates which are available on the Internet from both judicial web sites, and probate attorney web sites.

Probate – Commencement

Certainly, some persons facing simple probate situations may be able to commence Minnesota Do-it-yourself Probate proceedings without proper legal assistance.

However, many probate estates are sufficiently complex that it would be best to obtain professional assistance from the start.

In addition, inevitably situations will arise with respect to Minnesota Do-it-yourself Probate proceedings which are not addressed:

• by the freely available forms, or
• by the general information which is available on the Internet.

Probate – Creditor Claims

For example, the proper handling of creditor claims, including State of Minnesota Medical Assistance claims for reimbursement, is one area that can be a minefield for the unwary in any Minnesota Do-it-yourself Probate.

Some Minnesota counties do not voluntarily provide to personal representatives of the estate crucial information regarding claims which have been filed with the probate court, which can lead to unnecessary liability for improper probate claims which must nevertheless be paid.

The Personal Representative in any Minnesota Do-it-yourself Probate will need to be proactive, and must know how to:

• obtain the necessary information regarding creditor claims which have been filed, and
• properly respond to any claims which are filed or presented in the future.

Probate – Income Tax Issues

Income tax issues are always a concern for Personal Representatives in a Minnesota Do-it-yourself Probate, because of the personal liability that a Personal Representative may have for the unpaid income taxes of the decedent.

Minnesota Do-it-yourself Probate – Real Estate Title

Real estate title issues arising by reason of the death of a decedent are clearly one area which will require professional legal assistance in any Minnesota Do-it-yourself Probate proceeding.

The decedent’s title in real estate may have been owned in fee simple, or the decedent may have held a terminable interest, such as:

• a life estate, or
• an interest subject to a Transfer on Death Deed.

The decedent may have held title as a tenant in common, or as a joint tenant, with other owners.

Minnesota Do-it-yourself Probate – Medical Assistance Liens

The decedent’s interest in real property in a probate proceeding may also be subject to a Medical Assistance lien for reimbursement of a Minnesota County’s payment of Medical Assistance or Minnesota state hospital benefits on behalf of the decedent.

Minnesota Do-it-yourself Probate – Approval by the Examiner of Titles

Upon the sale of real property by a personal representative of an estate in a Minnesota Do-it-yourself Probate proceeding, certified copies of the probate court documents must be obtained for the closing.

If the real property has been registered as Torrens Property, the approval of all such documents by the County Examiner of Titles must be obtained in order for the Personal Representative’s Deed of Sale to be recorded.

While some title companies may choose to provide such services, others will not.

The average person attempting a Minnesota Do-it-yourself Probate may not have the legal knowledge to know how to address such situations, and some title companies will defer to the probate attorney to satisfy any title requirements relating to such issues.

Minnesota Do-it-yourself Probate – Closing the Estate

Properly closing an estate is another area ripe for confusion in a Minnesota Do-it-yourself Probate, with potential opportunities for malfeasance claims being made against the Personal Representative.

However, there are several available probate closing procedures which may limit, or eliminate, liability for the personal representative in a Minnesota Do-it-yourself Probate, but are unknown to many.

Minnesota Do-it-yourself Probate – Final Accounts

Preparing the Final Account, and being able to get the actual cash on hand to balance with the accounting record of cash that should be available for distribution, is difficult enough for an experienced probate practitioner – yet would be a daunting task for the uninitiated in a Minnesota Do-it-yourself Probate proceeding.

In over 25 years of probate practice, I have yet to see a personal representative provide me with sufficient information on the first try to allow me to properly complete a Final Account.

Personal representatives administering their first probate estate in a Minnesota Do-it-yourself Probate proceeding would have no way of knowing the types of information that would be necessary in order to get the actual cash on hand to balance with the accounting record of cash that should be available for distribution.

Preparation of a proper Final Account is not intuitive, and requires:

• the skill of a bookkeeper,
• the knowledge of a tax accountant,
• the insight of an auditor, and
• the experience of a probate attorney.

Attorney Gary C. Dahle offers a skill set which meets all such requirements.

Minnesota Do-it-yourself Probate – Other Issues

Bonding requirements, supervised estates, distributions to minor beneficiaries, court reporting responsibilities, and disclaimer opportunities all identify other areas with which the typical person attempting a Minnesota Do-it-yourself Probate proceeding would be unfamiliar, and perhaps unable to properly address.

Minnesota Do-it-yourself Probate – Obtaining Legal Assistance

If you have commenced a Minnesota Do-it-yourself Probate proceeding on your own, and have discovered that you may need help completing the process, I invite you to contact me for professional assistance.

Gary C. Dahle, Attorney at Law           763-780-8390        [email protected]

If you have a working e-mail account, and a decent computer and printer, Minnesota attorney Gary C. Dahle can assist you with devising a solution to your Minnesota Probate situation, and completing your probate documents in every Minnesota County:

• from Kittson County in the Northwest, to Houston County in the Southeast;
• from Rock County on the Iowa and South Dakota borders, to Cook County on Lake Superior,
• from Koochiching County on the Canadian border, to Faribault County on the Iowa border, and
• from Lac Qui Parle County in the West, to Carlton County in the East.

If you lack a decent computer or printer, you may want to retain Minnesota attorney Gary C. Dahle to finish the entire Minnesota Probate process, as many of the closing probate documents are custom drafted to the situation in each particular estate.

Minnesota attorney Gary C. Dahle has family history in Aitkin County, Clay County, Hennepin County, Nobles County, and Ramsey County in Minnesota, and is familiar with the environs in such counties.

Minnesota Do-it-yourself Probate – Obtaining Professional Counsel

Minnesota attorney Gary C. Dahle has been the attorney of record for personal representatives of probate estates in Anoka County, Clay County, Chisago County, Crow Wing County, Dakota County, Hennepin County, Morrison County, Nobles County, Pine County, Ramsey County, Renville County, Rice County, St. Louis County, and Washington County in Minnesota.

Since many Minnesota counties have their own peculiarities regarding the manner in which they will address certain issues, retaining professional assistance is important in order to address such County by County peculiarities in any Minnesota Do-it-yourself Probate.

Minnesota Do-it-yourself Probate – Representing Beneficiaries

Minnesota attorney Gary C. Dahle has also represented beneficiaries of estates who resided in states from Massachusetts to California, and has been consulted with respect to estates venued in various Minnesota counties.

If you are a beneficiary of an estate, and not the personal representative, you may want to retain Minnesota attorney Gary C. Dahle to advise you in any Minnesota Do-it-yourself Probate with respect to:

• your rights as a beneficiary, and
• when you can expect to receive your share of the estate.

Unfortunately, if Minnesota attorney Gary C. Dahle already represents the personal representative of a Minnesota probate estate, he cannot also represent the beneficiaries of the same probate estate – since that would be a conflict of interest.

If you are an estate beneficiary residing in Minnesota, or anywhere else, contact attorney Gary C. Dahle, at 763-780-8390, or [email protected], for assistance with receiving your proper share of the probate estate.

Minnesota Do-it-yourself Probate – Personal Appearance in Court

While attorney Gary C. Dahle may not be able to make a personal appearance in the probate courts of certain outlying Minnesota counties in any given Minnesota Do-it-yourself Probate proceeding, he can:

• assist personal representatives with document preparation in order to properly administer probate estates in all Minnesota counties,
• assist beneficiaries of estates in obtaining their rightful distribution, and
• associate with local counsel in such outlying Minnesota counties to make whatever probate court appearances are required by the situation.

Minnesota Do-it-yourself Probate

If you have need of assistance with any aspect of probate administration in any Minnesota County, contact attorney Gary C. Dahle, at 763-780-8390, or [email protected].

Copyright 2016 – All Rights Reserved.

No claim to original U.S. government works.

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Phone:  763-780-8390    Fax: 763-780-1735

[email protected]

Topics of Interest:

• Minnesota Joint Tenancy

Legal Disclaimer

Information provided herein is only for general informational and educational purposes. Minnesota probate law involves many complex legal issues. If you have a specific legal problem about which you are seeking advice, either consult with your own attorney, or retain an attorney of your choice.

Gary C. Dahle, Attorney at Law, is licensed to practice law only in the State of Minnesota, and in the state of North Dakota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of Minnesota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

Accessing the web site of Gary C. Dahle, Attorney at Law – http://www.dahlelaw.com – or http://www.dahlelawMinnesota.com – may be held to be a request for information. However, the mere act of either providing information to Gary C. Dahle, Attorney at Law, or taking note of information provided on http://www.dahlelaw.com – or http://www.dahlelawMinnesota.com – does not constitute legal advice, or the establishment of an attorney/client relationship.

Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation. If you are not a current client of Gary C. Dahle, Attorney at Law, please do not use the e-mail links or forms to communicate confidential information which you wish to be protected by the attorney-client privilege.

Please use caution in communicating over the Internet, as the Internet is not a secure environment, and confidential information sent by e-mail may be at risk. Gary C. Dahle, Attorney at Law, provides the http://www.dahlelaw.com and http://www.dahlelawMinnesota.com web sites and their content on an “as is” basis, and makes no representations or warranties concerning site content or function, including but not limited to any warranty of accuracy, completeness.

Links to Minnesota Probate Records

Minnesota Department of Health – Death Records Index – 1997 to Present:  http://www.health.state.mn.us/divs/chs/osr/DecdIndex/dthSearch.cfm

Minnesota Historical Society – Death Records; 1904 – 2001: http://www.mnhs.org/people/deathrecords

Minnesota Department of Health – Birth Certificates – http://www.health.state.mn.us/divs/chs/osr/birth.html

Minnesota Historical Society – Birth Records: http://www.mnhs.org/people/birthrecords

Minnesota Marriage Records – https://moms.mn.gov/