Edina Probate Lawyer

Guiding Families Through Minnesota Probate With Clarity

When a loved one dies, dealing with court forms, assets, and family questions can feel overwhelming. If you are trying to understand whether probate is required in Minnesota, or you have already been named personal representative, you do not have to figure it out alone. As an Edina probate lawyer, Guttman Law, PLLC helps families in this area navigate probate with clear explanations and steady support.

Our practice is devoted to estate planning, estate administration, and probate. This focus allows our attorneys to stay tuned in to the rules that affect Minnesota families and to explain them in everyday language. We walk you through what needs to happen, in what order, and what choices you have at each step.

We also understand that questions rarely fit into a scheduled meeting. That is why we offer complimentary consultations and do not charge for estate plan related phone calls. 

You can reach out when something is unclear and know that our goal is to keep you informed and comfortable with the process.

How We Help With Probate

Probate involves more than filing a few forms. It can include gathering assets, notifying heirs and creditors, paying valid debts, and eventually distributing what is left according to a will or Minnesota law. We guide personal representatives and families in and around Edina through each of these steps so they understand what is required and why.

At Guttman Law, PLLC, all of our work centers on estate planning, estate administration, and probate. Our attorneys, Matt Guttman and Jamie Reff-Wagner, focus on estate related services and invest their time in educating clients. When you work with us, you work with a team that is dedicated to this area of law and to helping you make informed decisions.

Communication is at the heart of how we practice. We explain documents and court notices in plain language, outline your options, and invite questions at every stage. We offer complimentary consultations to discuss your situation, and we do not bill for phone calls about an existing estate plan. Our goal is to remove the hesitation many people feel about calling their lawyer, which can make probate smoother and less stressful.

Probate can also affect more than one person. We encourage clients to involve trusted loved ones in key conversations when that feels appropriate. This kind of transparency often reduces confusion and disagreement later. When everyone understands the plan and the process, it is easier to move forward together.

Understanding Probate In Minnesota

Before you can decide what to do next, it helps to understand what probate is and when it applies. Probate is the court supervised process that confirms a will if there is one, appoints a personal representative, and oversees gathering assets, paying debts, and distributing what remains. In Minnesota, estates are generally handled through the Minnesota district courts that serve the county where the person lived, such as Hennepin County for many Edina residents.

Probate is not automatically required in every situation. Smaller estates, certain jointly owned assets, and accounts with proper beneficiary designations may transfer outside of probate. Many families assume that having a will avoids probate entirely, but a will often needs to be accepted by the court as part of the probate process.

We help families review what assets exist, how they are titled, and what the Minnesota rules mean for their particular situation. This review allows you to see whether probate is likely to be required or whether a different path may be available. Our approach is to explain your options clearly so you can move ahead with confidence instead of guesswork.

Common situations where probate may be needed include:

• A person dies owning real estate in their name alone.
• Bank or investment accounts have no living joint owner or beneficiary.
• There are significant assets held only in the decedent’s individual name.
• Creditors are expected to make claims that must be addressed formally.
• Family members disagree about how the estate should be handled.

If you are unsure which category your situation falls into, we can walk through it with you. Our attorneys take the time to answer questions, explain the terms used in Minnesota probate, and outline what the court generally expects from a personal representative.

Steps In The Probate Process

Once you have a general sense of what probate is, it is helpful to see how the process usually unfolds. While every estate is unique, Minnesota probate typically follows a sequence that the court expects to see. We work with clients so they know what is coming next and what needs attention now, rather than feeling caught off guard.

The process often begins by filing paperwork with the appropriate Minnesota district court to open the estate and request appointment of a personal representative. After appointment, the personal representative has legal authority to act on behalf of the estate, subject to court rules and the terms of any will. This role carries real responsibility, which is why many people appreciate having legal guidance.

From there, notices are usually sent to heirs, beneficiaries named in a will, and known creditors. Assets are identified and documented, and an inventory is typically prepared for the court. Valid debts and expenses are paid from estate assets if funds are available. Finally, remaining assets are distributed according to the will or, if there is no will, according to Minnesota’s intestacy laws.

A typical Minnesota probate may involve steps such as:

• Determining whether probate is required and, if so, which type is appropriate.
• Filing documents to open the estate and appoint a personal representative.
• Providing required notices to heirs, beneficiaries, and known creditors.
• Gathering, valuing, and documenting estate assets for an inventory.
• Paying valid debts, taxes, and administration expenses from estate funds.
• Distributing remaining assets and working to close the estate properly.

Many personal representatives feel the weight of these obligations, especially while grieving or working through family dynamics. We work to make the process as understandable as possible and to help you avoid common mistakes that can create delay or friction. Our educational approach is intended to give you both a roadmap and a partner as you move through each stage.

Planning Ahead To Ease Probate

While many people find us when probate is already on their doorstep, others reach out because they want to make the process easier for their own families in the future. Thoughtful estate planning can simplify probate and, in some cases, reduce how much must pass through the court. Our attorneys help clients design wills, trusts, powers of attorney, and healthcare directives that reflect their goals and family relationships.

A well constructed plan can clarify who should serve as personal representative, how specific assets should be handled, and what should happen if someone becomes incapacitated before death. In some situations, trusts and beneficiary designations can help minimize the assets that need to go through probate. The right tools depend on your priorities, your property, and your family’s needs.

Our planning process is highly personal. We take time to learn about your family, your assets, and what you want for the people and causes you care about. We also encourage involving loved ones in conversations when that is comfortable for you. When family members understand the plan in advance, there is usually less confusion and stress when it is time to administer an estate in the Edina area or elsewhere in Minnesota.

Life does not stand still, and neither should your estate plan. We offer complimentary periodic review meetings so that major changes, such as buying or selling real estate, moving into or out of Minnesota, or welcoming new family members, can be reflected in your documents. Our goal is to keep your plan aligned with your current life, which can significantly ease the probate process someday.

Call (612) 324-4055 to schedule your complimentary consultation.

Frequently Asked Questions

Do I always need probate in Minnesota?

No, probate is not always required in Minnesota. It depends on the types of assets involved, how they are titled, and whether there are effective beneficiary designations. We can review your situation and explain whether probate is likely and what options you may have.

How long does probate usually take?

Probate often takes several months, and more complex estates can take longer. Timing depends on factors such as asset complexity, creditor issues, and any disputes. During a consultation, we can give you a general idea of what to expect based on your circumstances.

What will it cost to work with you?

Costs depend on the complexity of the estate and the services needed. We offer complimentary consultations to talk about your goals and concerns. We also do not charge for estate plan related phone calls, and we work to explain fees clearly so you know what to expect.

Can you help if my family disagrees?

We can often help by clarifying what the will or Minnesota law provides and by explaining the probate process to everyone involved. Our emphasis on education and clear communication is intended to reduce misunderstandings. In some situations, we can suggest ways to address disagreements constructively.

Can I handle probate on my own?

Some people choose to handle parts of probate on their own, especially with smaller or simpler estates. However, the rules and deadlines can feel intimidating. We offer complimentary consultations so you can understand where legal guidance may be helpful before deciding how to proceed.

Talk With Our Probate Team

Probate can feel like one more burden at an already difficult time, but you do not have to carry it alone. At Guttman Law, PLLC, our attorneys focus on estate planning, estate administration, and probate for Minnesota families, including those in Edina and surrounding communities.

When you contact us, you can expect a complimentary consultation, straightforward explanations, and an open door for questions. We do not charge for estate plan related phone calls, and our goal is to make each step of the process more understandable and less stressful. If you are facing probate now or want to plan ahead, we are ready to talk about how we can help.

Call (612) 324-4055 to schedule your complimentary consultation.