How can I request an extension for filing a final accounting in probate in MN?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Under Minnesota law, a personal representative (executor or administrator) must file a final accounting within the timeframe set by the probate court. The relevant statute, Minn. Stat. § 524.3-721, allows the court to grant extensions on cause shown.

  1. Draft a Petition or Motion: Prepare a written request titled “Petition for Extension to File Final Accounting.” Cite Minn. Stat. § 524.3-721(c).
  2. Provide Reasons: Explain why you need more time (e.g., complex assets, outstanding claims, delayed tax information).
  3. Set a New Deadline: Propose a reasonable date to complete the accounting.
  4. File with the Court: Submit your petition to the probate court where the estate is pending. Include any filing fee required by local rules.
  5. Serve Notice: Serve the petition and notice of hearing on all interested persons, such as beneficiaries and known creditors, as required by Minn. Stat. § 524.3-721(d).
  6. Attend the Hearing: If the court schedules a hearing, attend and be prepared to explain your reasons. The judge will decide whether to grant the extension.
  7. Receive Court Order: If granted, the court issues an order with the new deadline for filing the final accounting.

Helpful Hints

  • Review local probate court rules for form requirements and filing fees.
  • Gather financial records early to avoid delays.
  • Notify all interested parties promptly to prevent objections.
  • Check for outstanding creditor claims before requesting an extension.
  • Consider consulting a probate attorney if the estate is complex or contested.
  • Keep copies of all filings and court orders in your probate file.

Disclaimer: This article provides general information about Minnesota probate procedures and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.