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.
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
Information provided herein is only for general informational and educational purposes.
Minnesota probate law involves many complex legal issues.
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