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:

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 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:

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 Certificateshttp://www.health.state.mn.us/divs/chs/osr/birth.html

Minnesota Historical Society – Birth Records: http://www.mnhs.org/people/birthrecords

Minnesota Marriage Recordshttps://moms.mn.gov/