This FAQ explains the probate steps that ensure estate expenses and creditor claims get paid before heirs receive assets under Minnesota law.
Appointment of a Personal Representative
Under Minn. Stat. §524.3-501, the court appoints a personal representative (PR) to manage the estate. The PR gains authority to collect assets, pay debts, and handle legal matters on behalf of the estate.
Inventory and Appraisal
Within 60 days of appointment, the PR must file an inventory and appraisal of estate assets under Minn. Stat. §524.3-503. This step identifies all assets available to cover expenses and creditor claims.
Notice to Creditors
The PR must publish a notice to creditors in a local legal newspaper within 30 days of appointment. Known creditors receive direct written notice within two months. Creditors then have four months from the first publication date to submit claims under Minn. Stat. §524.3-801.
Review and Payment of Claims
After the claim period ends, the PR reviews each claim. Minnesota law ranks valid claims in priority under Minn. Stat. §524.3-720: secured debts, estate administration costs, funeral expenses, family allowances, and general unsecured debts. The PR pays valid claims and necessary estate expenses before any distribution to heirs.
Final Accounting and Distribution
Once all debts and expenses are settled, the PR submits a final accounting to the court. After court approval, the PR distributes remaining assets according to the will or, if there’s no will, Minnesota’s intestacy rules (Minn. Stat. §524.2-101 et seq.).
Disclaimer: This is general information, not legal advice. Consult an attorney for guidance on specific situations.
Helpful Hints
- Mark all probate deadlines in your calendar immediately.
- Maintain detailed records of estate expenses and creditor communications.
- Publish and mail notices promptly to avoid late claims.
- Review service providers and recent creditors to identify potential claims.
- Seek legal help when claims exceed estate assets or disputes arise.