Probate Law
Legal Services - MN & WI
At Taurinskas Law Firm, you’ll find experienced attorneys to assist you with your legal issues throughout Minnesota and Wisconsin. Our law office is located in northern Dakota County in South St. Paul, MN. Legal services include:
Probate (Free Consultation)
Our probate services include Estate & Trust Administration. Click the button below to get an overview of our MN and WI probate services
Minnesota Probate, Generally
The probate process in Minnesota is the legal court process for paying a person’s debts and expenses and distributing a person’s property after that person’s death. In a Minnesota probate matter the person who has died is called the “decedent” and his or her property is called the “estate”.
Interstate vs. Testate
Usually, a decedent’s debts are paid from the estate and any property remaining is divided among heirs or beneficiaries, according to a Will (died testate), the (Minnesota) Uniform Probate Code, or the laws of intestate succession. If the decedent did not leave a Will (died intestate), the heirs to the estate will be determined according to the Uniform Probate Code and/or the laws of intestate succession.
The Personal Representative
The “personal representative” (sometimes referred to as the now antiquated terms: executor [masculine] or executrix [feminine]) of the estate is a fiduciary of the decedent’s estate who will administer the estate for the benefit of all beneficiaries, heirs, devisees (devise, or disposition, of real property), and/or legatees (bequest of personal property). The personal representative is typically nominated by the valid Will of the decedent and appointed by the District Court in the Minnesota county where the decedent was domiciled (resided) at death.
Should no valid Will exist or if a valid Will does not nominate a personal representative, Minnesota Statutes Section 524.3-203 defines who has priority among those seeking appointment as personal representative of the decedent’s estate. Generally, first in line as personal representative is the decedent’s surviving spouse, if the spouse is also a devisee. If there is no surviving spouse who is also a devisee, then priority is as follows (higher to lower): Other devisees, a surviving spouse (who is not a devisee), heirs, any creditor, and any non-discharged conservator of the decedent. No person is qualified to serve as personal representative if they are under the age of 18 or are found “unsuitable” by a court.
Once appointed by the court, a personal representative nominated in a Will receives “Letters Testamentary” and a personal representative not nominated in a Will receives “Letters of General Administration“. These “Letters” authorize a person to act on behalf of the decedent’s estate as the estate’s personal representative.
Duties of the Personal Representative
Duties of the personal representative may include: (1) collecting income from the estate property, (2) paying any and all debts, claims, and expenses of administering the estate, (3) filing all necessary estate and income tax returns and reports, and (4) preserving, distributing and settling the estate in accordance with decedent’s Will, the Uniform Probate Code, or the laws of intestate succession. The personal representative is usually represented by a Minnesota probate lawyer, who can assist with these duties and responsibilities.
Minnesota's Probate Laws
The (Minnesota) Uniform Probate Code can be found generally in sections 524.1-101 to 524.8-103 of the Minnesota Statutes. These sections also contain information on spousal and elective shares. Information and laws on guardianships and conservatorships can generally be found in chapter 524 of the Minnesota Statutes.
Is it Always Necessary to Probate a Minnesota Estate?
Minnesota probate law applies to people who lived in Minnesota when they died and to residents of other states who owned real estate in Minnesota (ancillary administration). Whether a matter is “probated” depends on a number of factors, including the type of property and the nature of the ownership of that property. For example, unless real estate (a home, a cabin, a farm, etc.) was transferred into a trust or was owned in joint tenancy with a right of survivorship, it usually is subject to the probate process. If you are considering a Will, you should consult with an attorney about the ownership of any real estate and whether there are advantages to certain types of ownership. For personal property, probate is required if the value of the estate exceeds $75,000. If the decedent’s estate is worth $75,000 or less, the decedent’s legal heirs or certain interested parties, as defined by Minnesota Statutes, may be able to collect the property by utilizing an Affidavit for Collection of Personal Property, which does not require probate court involvement. This allows for a small estate to keep its costs of administering the estate low.
How Long Does it Take to Probate an Estate?
The infamous response: It all depends. On average, probate takes 10 – 16 months to complete. Still, the length of time between the date of death of the decedent and closing the estate will depend upon several factors, for example, the type of probate proceeding that is chosen (informal vs. formal) and how it will be administered (supervised vs. unsupervised). The number, location, and accessibility of probate assets will affect the length of probate. Similarly, the number, location and availability of the heirs may affect timing. Real estate may also creates delays, especially if the property needs to be sold. Although rare, disputes among heirs may arise concerning the validity of the will or distribution/entitlement of assets. These disputes, if not settled, typically require court intervention, causing many months of additional delay.
The advice of an experienced probate attorney can help you decide the best manner with which to proceed in the event a loved one passes and leaves an estate for which you are responsible. Legal representation during the probate process may also help eliminate unnecessary delays due to noncompliance with Minnesota Statutes, the Uniform Probate Code and/or local rules of the Probate Court for specific counties.
Trusted, Experienced Minnesota probate attorneys.
Ensure that the probate process is completed efficiently and smoothly. Since 1975, our firm has been committed to providing the highest level of legal representation to our clients. At Taurinskas Law Firm, we treat our client’s with courtesy and integrity. We provide efficient and honest legal representation that achieves desirable results.
We offer the experience and resources of a large firm while at the same time providing our clients with the convenience, accessibility and reasonable fees typical of a small firm. Our objective is to work with you to provide the assistance you need to efficiently and effectively manage your loved one’s estate and to ensure compliance with applicable laws.
We estimate that more than 90 percent of our clientele is the result of repeat clients or referrals from clients. We truly appreciate these referrals and will make every effort to ensure these positive referrals continue with you.
At Taurinskas Law Firm, you’ll find experienced attorneys to assist you with any probate or trust administration issues or questions you may have in Minnesota. Taurinskas Law Firm is located in northern Dakota County in South St. Paul, MN. Our law office offers a free initial consultation for probate or estate administration matters. A few matters you may face once it has been determined you are responsible to administer a loved one’s estate may include:
- Probate & Trust Administration
- Formal Probate (Supervised or Unsupervised)
- Informal Probate (Supervised or Unsupervised)
- Summary Proceedings
- Probate Property vs. Nonprobate Property
- Intestate (no will) vs. Testate (valid will)
- Letters of General Administration vs. Letters Testamentary
- Personal Representative (Nominated vs. Appointed)
- Creditor's Claims and other Debts of Decedent
- Liens, including Medical Assistance Claims
- Payment of Utilities and Collection of Rent
- Funeral Expenses and Debts of Last Illness
- Real Estate Sales and Conveyances
- Asset Identification and Distribution to Heirs and Devisees
- Inventory, Notices, Publication, Consents, & Final Account
- Affidavit of Personal Property (Small Estate Affidavit for Assets ≤ $75,000)
- Will Contests (Undue Influence, etc.)
- Lost Original Wills, Will Copies, & Codicils
- Separate Writing Identifying Bequest of Tangible Property
- Ancillary Proceedings
MN Probate Attorneys
Minnesota Probate and Estate Administration Attorneys
At our law office, our lawyers provide probate and trust administration guidance and representation in all areas of the Twin Cities (Minneapolis-Saint Paul), western Wisconsin and their surrounding communities.
Please Note: This site contains general information and not legal advice. It is based on Minnesota law in effect at the time of writing. An experienced probate and estate planning lawyer can advise you about how the law applies to your specific situation.
Additional Resources on Minnesota Probate
The following information is solely for reference and educational purposes. Taurinskas Law Firm, P.A. is not affiliated with, funded by, or endorsed by the Office of the MN Attorney General or any other State Department of Minnesota.
Additional Information on Minnesota Probate May be Found At:
1400 Bremer Tower
445 Minnesota Street
St. Paul, MN 55101-2131
t: (651) 296-3353 or 1-800-657-3787
Here you will find additional information on the following Minnesota Probate topics:
- What is probate?
- When is probate necessary?
- What items are not subject to probate?
- How do I probate an estate?
- How will the estate be distributed to heirs?
- What taxes must be paid?
Wisconsin Probate, Generally
Probating an estate in Wisconsin is the legal court process for paying a person’s debts and expenses and distributing a person’s property after that person’s death. In a Wisconsin probate matter, the person who has died is called the “decedent”, and his or her property is called the “estate“.
Interstate vs. Testate
Usually, a decedent’s debts are paid from the estate and any property remaining is divided among heirs or beneficiaries, according to a Will (died testate), the Wisconsin Probate Code, or the laws of intestate succession. If the decedent did not leave a Will (died intestate), the heirs to the estate will be determined according to the Wisconsin Probate Code and/or the laws of intestate succession.
Duties of the Personal Representative
In Wisconsin, the “personal representative” of the estate is a fiduciary of the decedent’s estate who will administer the estate for the benefit of all beneficiaries, heirs, devisees (devise of real property), and/or legatees (bequest of personal property). The personal representative is typically nominated by Will of the decedent and appointed by the District Court in the county where the decedent was domiciled (resided) at death. Duties of the personal representative may include (1) collecting income from the estate property, (2) paying any and all debts, claims, and expenses of administering the estate, (3) filing all necessary estate and income tax returns and reports, and (4) preserving, distributing and settling the estate in accordance with decedent’s Will, the Wisconsin Probate Code, or the laws of intestate succession. The personal representative is usually represented by a Wisconsin probate attorney, who can assist with these duties and responsibilities.
Wisconsin Laws: Probate, Trust, Guardianship, & Marital Property
The Wisconsin Probate Code can be found in chapters 851-879 of the Wisconsin Statutes. Chapter 701 of the Wisconsin Statutes relates to formation, powers, and administration of Trusts. Information and laws on guardianship can be found in chapter 54 of the Wisconsin Statutes. Wisconsin’s marital property law is codified in chapter 766 of the Wisconsin Statutes.
Is it Always Necessary to Probate a Wisconsin Estate?
Wisconsin probate law applies to people who lived in Wisconsin when they died and to residents of other states who owned real estate or other property in Wisconsin (ancillary administration). Whether a matter is “probated” depends on a number of factors, including the type of property and the nature of the ownership of that property. For example, unless real estate (a home, a cabin, a farm, etc.) was transferred into a trust or was owned as “joint tenancy” property with a right of survivorship, it usually is subject to the probate process. (If you are considering a Will in Wisconsin, you should consult with an attorney about the ownership of any real estate and whether there are advantages to certain types of ownership.) An estate must be probated if the real and personal property value exceeds $50,000. If the decedent’s estate is valued at $50,000 or less, the decedent’s legal heirs may be able to collect or transfer the property by affidavit (Wisconsin Statutes Section 867.03), which may not require probate court involvement. Transfer by affidavit allows for a small estate to keep its costs of administering the estate low.
The advice of an experienced probate attorney licensed in Wisconsin can help you decide the best manner with which to proceed in the event a loved one passes and leaves an estate for which you are responsible. Legal representation during the probate process may also help eliminate unnecessary delays due to noncompliance with Wisconsin Statutes, the Wisconsin Probate Code and/or local rules of the Probate Court for specific counties.
Trusted, Experienced Probate Attorneys.
Ensure that the probate process is completed efficiently and smoothly. Since 1975, our firm has been committed to providing the highest level of legal representation to our clients. At Taurinskas Law Firm, we treat our client’s with courtesy and integrity. We provide efficient and honest legal representation that achieves desirable results.
We offer the experience and resources of a large firm while at the same time providing our clients with the convenience, accessibility and reasonable fees typical of a small firm. Our objective is to work with you to provide the assistance you need to efficiently and effectively manage your loved one’s estate and to ensure compliance with applicable laws.
We estimate that more than 90 percent of our clientele is the result of repeat clients or referrals from clients. We truly appreciate these referrals and will make every effort to ensure these positive referrals continue with you.
Many probate proceedings in Wisconsin require no court appearance. Also, depending upon the situation, it may never be necessary for the personal representative to travel to our office, as most of the services our attorneys provide can be dealt with via e-mail, facsimile, mail and/or phone.
At Taurinskas Law Firm, you’ll find experienced attorneys to assist you with any probate or trust administration issues or questions you may have Wisconsin. Our law office offers a free initial consultation for probate or estate administration matters.
A few matters you may face once it has been determined you are responsible to administer a loved one’s estate may include:
- Probate & Trust Administration
- Formal Probate vs. Informal Probate
- Supervised vs. Unsupervised
- Summary Proceedings
- Special Administration
- Probate Property vs. Nonprobate Property
- Intestate (no will) vs. Testate (valid will)
- Domiciliary Letters
- Personal Representative (Nominated vs. Appointed)
- Creditor's Claims and other Debts of Decedent
- Liens, including Medical Assistance Claims
- Payment of Utilities and Collection of Rent
- Funeral Expenses and Debts of Last Illness
- Marital Property vs. Non-Marital Property
- Marital Property Agreement & Will Substitute Agreement
- Situs Property
- Real Estate Sales and Conveyances
- Asset Identification and Distribution to Heirs and Devisees
- Inventory, Notices, Publication, Consents, & Final Account
- Transfer by Affidavit (Small Estate Affidavit for Assets ≤ $50,000)
- Transfer of Interest in Property
- Will Contests (Undue Influence, etc.)
- Lost Original Wills, Will Copies, & Codicils
- Ancillary Proceedings
- Federal & State Taxes (income, estate, etc.)
WIProbate Attorneys
Wisconsin Probate and Estate Administration Attorneys
At our law office, our lawyers provide probate and trust administration guidance and representation in all areas of the Twin Cities (Minneapolis-Saint Paul), western Wisconsin and their surrounding communities.
Please Note: This site contains general information and not legal advice. It is based on Wisconsin law in effect at the time of writing. An experienced Wisconsin probate and estate planning lawyer can advise you about how the law applies to your specific situation.
Additional Resources on Minnesota Probate
The following information is solely for reference and educational purposes. Taurinskas Law Firm, P.A. is not affiliated with, funded by, or endorsed by the Wisconsin State Law Library or any other local or state Department or Office of Wisconsin.
Additional Information on Wisconsin Probate May be Found At:
120 Martin Luther King Jr Blvd
Madison, WI 53703
Reference: 608-267-9696
Circulation: 608-266-1600
Fax: 608-267-2319
Here you will find additional information on the following Minnesota Probate topics:
- What is probate?
- When is probate necessary?
- What items are not subject to probate?
- How do I probate an estate?
- How will the estate be distributed to heirs?
- What taxes must be paid?
Condemnation & Eminent Domain**
Our legal expertise also includes Condemnation and Eminent Domain services. Click the “Learn More” button below to find out more.
Minnesota Condemnation, A Synopsis
Condemnation is the formal act of a governmental entity exercising its power of eminent domain, or its “taking” authority. Eminent domain is an inherent and essential attribute or prerogative of sovereignty (government). Private property is held subject to the control of the sovereign power of the state, exercised through the legislature, for public uses. United States v. Federal Land Bank, 127 F.2d 505 (8th Cir. 1942). This power is restricted by the United States Constitution and the Minnesota Constitution. The Fifth Amendment to the United States Constitution provides:
“…nor shall private property be taken for public use without just compensation.” U.S. Const. Amend. V.
In certain ways mirroring this authority, while, perhaps, inherently providing more protection to landowners, the Minnesota Constitution reads:
“Private property shall not be taken, destroyed, or damaged for public use without just compensation therefor, first paid or secured.” Minn. Const. Art. I, Sec. 13.
Arguably, the Fifth Amendment does not specifically authorize the power of eminent domain, yet it alludes to a recognition that a pre-existing power is authorized to take private property for public use. United States v. Carmack, 329 U.S. 230, 241-42 (1946).
What constitutes a "taking" of private property?
Any time private property is possessed or occupied by the government, there exists a “taking” of the property as defined by the constitution. Physical possession or occupation will constitute a taking “no matter how minute the intrusion, and no matter how weighty the public purpose behind it…” Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992).
What is a "regulatory taking" and "inverse condemnation"?
It should be noted that a “taking” can also occur by intrusive legislative regulations to property. While the government can regulate land use to some extent, if it goes too far, it may be deemed as a taking (aptly named a “regulatory taking“) in which the landowner is entitled to just compensation. A landowner whose property has been taken by legislation or zoning changes typically starts an inverse condemnation action to compel the government to begin eminent domain proceedings and compensate the owner. A compensable regulatory taking may be temporary or permanent. First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304 (1987).
A quick look at a "quick-take" action.
A “quick take” action is a procedure used by the condemnor to expedite the private property taking. Generally, this consists of the condemning authority depositing with the district court the good faith estimate of value of the condemned land. The condemning authority then becomes the owner of the property. A subsequent proceeding occurs to determine just compensation for the landowner of the condemned property.
"Minimum Compensation" - Eminent Domain Legislative Reform 2006.
As part of Minnesota’s eminent domain reform in 2006, the Minnesota State Legislature adopted a new statute requiring minimum compensation as damages for property owners forced to relocate as a result of eminent domain. The statute, in its entirety, reads:
Minn. Stat. § 117.187 – MINIMUM COMPENSATION.
“When an owner must relocate, the amount of damages payable, at a minimum, must be sufficient for an owner to purchase a comparable property in the community and not less than the condemning authority’s payment or deposit under section 117.042, to the extent that the damages will not be duplicated in the compensation otherwise awarded to the owner of the property. For the purposes of this section, “owner” is defined as the person or entity that holds fee title to the property.”
As welcoming as the minimum compensation idea sounds, it is a relatively new law, which in turn raises many questions. Who really is an owner? Does the owner have to physically occupy the property? What is considered a comparable property in the community? Moreover, who defines what “community” means to the owner?
Nonetheless, this statute is a progressive step, advantageous to all landowners. Whether through legislation or case law precedent, any questions raised by the new minimum compensation statute will likely become clearer in the coming years.
Minnesota's Eminent Domain Statutes
Eminent domain and condemnation in Minnesota are generally governed by Minnesota Statutes Ch. 117.
Is it always necessary to hire a MN condemnation attorney?
A Minnesota condemnation attorney can assist you with the process and help you obtain just compensation for the taking of your property. You may be entitled to reimbursement for an appraisal of the property being condemned by the government, as well. An experienced condemnation attorney can explain your rights to you when it comes to your property and eminent domain. Typically, our fees for representation in condemnation matters are based on a contingency fee arrangement. We will detail our fee arrangement and estimated costs prior to representation.
Trusted, experienced Minnesota condemnation attorneys.
Our attorneys have over 45 years of combined experience. Since 1975, our firm has been committed to providing the highest level of legal representation to our clients. At Taurinskas Law Firm, we treat our client’s with courtesy and integrity. We provide efficient and honest legal representation that achieves desirable results.
We offer the experience and resources of a large firm while at the same time providing our clients with the convenience, accessibility and reasonable fees typical of a small firm.
Our attorneys have a convincing background of real estate experience. Attorney Jim Taurinskas has served many years as a condemnation commissioner and attorney Brian Taurinskas is a Certified Real Property Law Specialists (Minnesota State Bar Association). Both attorneys are also licensed real estate brokers.
We estimate that more than 90 percent of our clientele is the result of repeat clients or referrals from clients. We truly appreciate these referrals and will make every effort to ensure these positive referrals continue with you.
If your property is condemned, you have certain statutory and constitutional protections and rights. At Taurinskas Law Firm, we’ll assist you with understanding your rights in the condemnation proceeding. Our attorneys will fight, on your behalf, to ensure you receive the compensation you deserve for any property taking. Our office can assist you with any eminent domain or condemnation issues or questions you may have in Minnesota or Wisconsin. Our office is located in northern Dakota County in South St. Paul, MN. We provide a free initial consultation for condemnation matters so that you can determine whether we are a suitable fit for you and your legal matters.
Please Note: This site contains general information and not legal advice. It is based on Minnesota law in effect at the time of writing. An experienced Minnesota condemnation lawyer can advise you about how the law applies to your specific situation.
Additional Resources on Minnesota Probate
The following information is solely for reference and educational purposes. Taurinskas Law Firm, P.A. is not affiliated with, funded by, or endorsed by the Wisconsin State Law Library or any other local or state Department or Office of Wisconsin.
Additional Information on Wisconsin Probate May be Found At:
MN Condemnation Legislative Information
658 Cedar Street, Room 300
St. Paul, MN 55155
t: (651) 201-2499
f: (651) 296-3698
Here you will find additional information on the following Minnesota Condemnation topics:
- What is eminent domain in MN?
- When can my property be taken for public purpose?
- What are the rights of private property owners?
- What is the eminent domain process?
- What is just compensation?
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