Probate Attorneys Serving North Dakota and Minnesota
The loss of a loved one is never easy, and the grieving process may be made more complicated by the need to deal with the property and debts of the deceased. Often, this takes place through estate administration, also known as the probate process. Probate is the court-involved process of paying the debts of the estate and distributing any remaining assets to heirs or beneficiaries of the deceased.
Depending on the amount of assets and how they were held, probate may not be necessary in all cases. Our estate attorneys can advise whether probate is required in a particular situation and, if so, what type of probate is needed.
At Fremstad Law, our motto is “moving you forward,” and that includes helping you through administering a loved one's estate. Our attorneys are committed to making the process convenient, comfortable, and customized for every client.
To learn more about our North Dakota and Minnesota probate services, please contact Fremstad Law to schedule a consultation.
Formal vs. Informal Probate in North Dakota and Minnesota
Probate involves getting the court to grant authority to transfer property that belonged to the deceased. Sometimes the process is simple, such as where there is little property, few heirs, and no disputes over the estate. Other times, probate can be very complicated. There may be significant assets in multiple states, disputes over the validity of a will, or complex family dynamics.
Both North Dakota and Minnesota have adopted the Uniform Probate Code (UPC), a law which helps to standardize the probate process from state to state. There are three types of probate processes in UPC states:
- Informal probate: Documents regarding the administration of the estate are filed with the court, but there are generally no court appearances required and the personal representative of the estate acts largely independently. Most estates are eligible for informal probate. Informal probate can be used whether or not there is a will, and regardless of estate size.
- Unsupervised formal probate: This process requires court hearings and more court involvement in the probate process. It takes longer and is usually more costly than informal probate, but is required if there are disputes over the estate or if it has been more than three years since the deceased died.
- Supervised formal probate: More court involvement than unsupervised formal probate. Courts may order the personal representative of the estate to provide regular accountings or take other measures to protect estate assets. Used mostly when other probate processes are insufficient to protect the estate or beneficiaries.
If the deceased had a will, the probate process is “testate probate” and assets will be distributed according to the terms of the will. If there is no valid will, the probate process is “intestate probate” and assets are distributed according to state law.
Duties of the Personal Representative
The person in charge of handling the estate is the personal representative, sometimes known as the executor. The personal representative must be granted authority by the court before they are able to act on behalf of the estate.
The personal representative has many duties, including:
- Gathering, safeguarding, and inventorying estate assets;
- Notifying heirs and creditors that a probate estate has been opened;
- Paying legitimate debts of the estate in order of their priority;
- Preparing and filing any tax returns of the estate, including income and estate tax, and paying any taxes due;
- Filing required accountings and other documents with the court;
- Distributing estate assets according to the will or state law;
- Closing the estate
A personal representative is personally responsible for ensuring that the probate process is completed properly, thoroughly, and in a timely manner. Managing estate business can be a daunting task for a personal representative who is unfamiliar with it, especially one who is grieving. The help of an experienced probate attorney can ensure that the process moves as quickly and efficiently as possible.
Personal representatives in North Dakota and Minnesota are not required to have the assistance of a probate attorney, but it is generally a good idea for them to do so; an attorney with knowledge of the probate process can help personal representatives avoid missteps and unnecessary and costly delays in the process. Because the services of a probate attorney are a benefit to the estate, reasonable attorney fees are typically paid out of estate funds, rather than by the personal representative
Fremstad Law: Fargo Probate Attorneys Moving You Forward
Our skilled and compassionate attorneys walk personal representatives through probate step-by-step, helping them confidently navigate the process so they can focus on their family and healing from their loss. To learn more about our North Dakota and Minnesota probate attorney services, please contact Fremstad Law to schedule a consultation.