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The Probate Process Step One: Meet with an Attorney

October 14, 2013

After a loved one has died, it is important to consult with an attorney to determine if probate is necessary. Probate is not necessary in every case, and an attorney can help you determine whether it is necessary in your situation.

At the initial meeting if you should bring a copy of the Will (if there is one), financial statements, bills, and any other information the attorney requests. While it is not always possible to have a complete financial picture, the more information available at the beginning, the better the attorney is able to help you determine what is necessary.

If the estate is small (less than $50,000) there are different steps to take than if the estate is taxable (over $1,000,000 in Minnesota), and different steps yet if the estate is insolvent (more debts than assets).

Additionally, the attorney can help you go through the assets and determine which assets are jointly titled, and which are probate or non-probate. Click HERE to read more about the different type of assets.

Meeting with an attorney should happen (relatively) soon after your loved one has passed. There are certain statutory timelines that need to be followed in the probate process. Additionally, some people find the probate process to help bring closure with the death.

If you have questions regarding the probate process, please contact Claire Tralle at 612-787-2553 to set up a consultation.