Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
What Is Probate Administration?
When someone dies without a valid will in Minnesota, the court opens an intestate probate to appoint a personal representative (often called an administrator). The administrator gathers assets, pays debts, and distributes property according to state law.
Who Can Serve as Administrator?
Minnesota law ranks potential administrators in a priority list. Under Minn. Stat. § 524.3-201, a person who files a petition may qualify if no prior representative exists. Priority among eligible persons follows Minn. Stat. § 524.3-204:
- Surviving spouse or registered domestic partner
- Children or descendants of children
- Parents
- Siblings
- Other next of kin
How to Petition for Appointment
A potential heir should take these steps:
- File a Petition for Appointment of Personal Representative in the district court in the county where the decedent resided.
- Attach a certified copy of the death certificate.
- List all known heirs, their addresses, and relationships to the decedent.
- Request letters of administration.
- Serve notice on all heirs and publish notice to creditors as required by Minn. Stat. § 524.3-207.
- Post a personal representative bond unless waived by the court under Minn. Stat. § 524.3-703.
- Appear at the court hearing. If no one contests, the judge issues letters of administration.
After Appointment
Once appointed, the administrator must:
- Inventory and value estate assets.
- Notify creditors and handle valid claims.
- Pay taxes, debts, and administration expenses.
- Distribute remaining assets to heirs following intestacy rules.
- File a final accounting with the court.
Helpful Hints
- Check the estate’s total value early to estimate bond and court fees.
- Gather essential documents—death certificate, asset records, and debts—before filing.
- Confirm the court’s local rules for notice publication and filing deadlines.
- Consider consulting an attorney if heirs dispute priorities or distributions.
- Keep detailed records of all communications and transactions.
- Use the court’s online portal if available to track your petition status.