4 Reasons For Formal Probate And Easy Tips

Reasons for formal probate in Minnesota are different for each family.  In my opinion, there are four (4) main reasons a family may want to seek a formal probate process:

  1. Children,
    reasons for formal probate
  2. Problems with a will,
  3. Real estate, and
  4. No money.

I recognize these issues are complicated and stressful.  If you need help weighing these reasons, please contact me for help.

Reasons for formal probate – children

Putting a child’s best interest first is always number one.  Period.  Luckily, our court system believes this too.

Yes, the number one reason a family should seek the formal probate process is because the person who died had children under the age of 18.  In my opinion, this is true regardless whether a person had a will.

Because probate courts in Minnesota frown on giving children assets outright and our Department of Human Services sometimes get involved, heirs or guardians of minors are appointed responsibilities that will have great significance on a child’s well being going forward.  Thus, children are the number one reason for a family to seek the formal probate process.

Reasons for formal probate – will problems

A second reason a family likely should petition a court for a formal probate in Minnesota is because the will has problems like:MN Probate

Reasons for formal probate – real estate

More reasons for formal probate include real estate problems like a home needing to be sold.  Generally, this issue does not come up with couples where one spouse is still alive.

Other times, the necessity to seek a process to maintain a home (heating, general maintenance, etc.) to assure our cold weather does have a negative impact on the home or residence is a good reason to utilize the formal probate process.

Reasons for formal probate – no money

Yes, an estate that has no money or is insolvent is a reason for a personal representative to petition a court or venue in Minnesota for a formal probate.

But wait, the person who died has no money?  Even a person who has no money – generally has money of some amount.  For this reason, Minnesota ranks or prioritizes  creditors.

The first type of creditor with an interest in an estate with no money is a funeral home.  The second priority are those rendering professional services.  The third most important creditor is the IRS.

Help weighing reasons for formal probate

I recognize these issues are complicated and stressful.  If you need help weighing these reasons, please contact me for help.

 

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