Minnesota Summary Administration
Minnesota Summary Administration
Minnesota Summary Administration – Situations
In a situation where the decedent’s only “probate asset” is a homestead, the appointment of a Personal Representative may not be required.
Rather, title to the Homestead can be decreed by the Probate Court to:
- the decedent’s surviving spouse, if any, and
- the decedent’s surviving descendents, if any, who are either Will beneficiaries, or intestate heirs,
pursuant to a Minnesota Summary Administration procedure.
Minnesota Summary Administration – Requirements
The primary requirement for a Minnesota Summary Administration procedure is that the homestead passes to the decedent’s surviving spouse, if any, and/or to one or more of the decedent’s surviving descendants, pursuant to Minnesota law.
If it does, then:
- the homestead is exempt from creditor’s claims, and
- there is no need for the appointment of a Personal Representative.
Minnesota Summary Administration – Probate Court Decree
The end result of a Minnesota Summary Administration is that the court will decree the homestead to the parties entitled thereto.
Thereafter, a certified copy of the court’s decree should be filed in the county real estate records – which when filed – should be effective to evidence the transfer of title to the homestead:
- to the decedent’s surviving spouse, if any, and
- to the decedent’s surviving descendents identified in the decree.
However, any decree with respect Torrens Property must be approved for recording by the County Examiner of Titles.
Minnesota Summary Administration – Probate Court Filing Fees
The filing fees and the notice requirements with respect to a Minnesota Summary Administration are the same as for any other probate proceeding.
Minnesota Summary Administration – Conclusion
If you have need of a Minnesota Summary Administration procedure, contact attorney Gary C. Dahle, at 763-780-8390, or gary@dahlelaw.com.
- Minnesota Probate Administration
- Ancillary Probate in Minnesota
- Commencing Minnesota Probate
- Do-It-Yourself Minnesota Probate
- Minnesota Decree of Descent
- Minnesota Safe Deposit Box
- Minnesota Special Administration
- Minnesota Surviving Spouses
- Hennepin County Minnesota Informal Probate
Copyright 2018 – All Rights Reserved
Gary C. Dahle – Attorney at Law
2704 Mounds View Blvd., Mounds View, MN 55112
Phone: 763-780-8390 Fax: 763-780-1735
gary@dahlelaw.com
Topics of Interest:
- Minnesota Affidavit Collection of Personal Property
- Minnesota Ancillary Probate – Ancillary Probate in Minnesota
- Minnesota Determination of Descent – Minnesota Decree of Descent
- Minnesota Personal Representative – Minnesota Co-Personal Representatives
- Minnesota Probate Law – Minnesota Probate Law Attorney
- Minnesota Probate Lawyer – Minnesota Probate Attorney
- Minnesota Probate New Brighton – Minnesota Probate 55112
- Minnesota Safe Deposit Box – Minnesota Safe Deposit Boxes
- Minnesota Special Administration – Minnesota Special Administrator
Legal Disclaimer
Information provided herein is only for general informational and educational purposes. Minnesota probate law involves many complex legal issues. If you have a specific legal problem about which you are seeking advice, either consult with your own attorney or retain an attorney of your choice. Gary C. Dahle, Attorney at Law, is licensed to practice law in the State of Minnesota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of Minnesota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.
Accessing the web site of Gary C. Dahle, Attorney at Law – https://www.dahlelaw.com – may be held to be a request for information. However, the mere act of either providing information to Gary C. Dahle, Attorney at Law, or taking note of information provided on https://www.dahlelaw.com, does not constitute legal advice, or establish an attorney/client relationship. Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation.
If you are not a current client of Gary C. Dahle, Attorney at Law, please do not use the e-mail links or forms to communicate confidential information which you wish to be protected by the attorney-client privilege. Please use caution in communicating over the Internet. The Internet is not a secure environment and confidential information sent by e-mail may be at risk. Gary C. Dahle, Attorney at Law, provides the https://www.dahlelaw.com web site and its contents on an “as is” basis, and makes no representations or warranties concerning site content or function, including but not limited to any warranty of accuracy, or completeness.
Links to Minnesota Probate Records
Minnesota Department of Health – Death Records Index – 1997 to Present: http://www.health.state.mn.us/divs/chs/osr/DecdIndex/dthSearch.cfm
Minnesota Historical Society – Death Records; 1904 – 2001: http://www.mnhs.org/people/deathrecords
Minnesota Department of Health – Birth Certificates – http://www.health.state.mn.us/divs/chs/osr/birth.html
Minnesota Historical Society – Birth Records: http://www.mnhs.org/people/birthrecords
Minnesota Marriage Records – https://moms.mn.gov/