Minnesota Summary Administration

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.

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

gary@dahlelaw.com

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.

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