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 firstname.lastname@example.org.
- 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 2017 – All Rights Reserved
Gary C. Dahle – Attorney at Law
2704 County Road 10, Mounds View, MN 55112
Phone: 763-780-8390 Fax: 763-780-1735
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
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.
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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/