Founding Attorney
As discussed in prior posts, your estate may be distributed in a court proceeding known as probate. Under Minnesota law the personal representative must send notice of the probate proceeding “interested persons.”
Who is an interested person?
?In Minnesota, interested persons are defined as “heirs, devisees, children, spouses, creditors, beneficiaries and any others having a property right in or claim against the estate of a decedent” and “persons having priority for appointment as personal representative.” So, only those entitled to receive anything from the estate, either as a beneficiary or a creditor, or have priority to be appointed as a personal representative, then you are entitled to notice of probate.
Who is missing from that list? Anyone not related to you by blood or marriage unless named, either as a beneficiary or personal representative, in your will. If you don’t have a will, your partner will not receive notice of the probate and may miss the opportunity to make a claim for the right to receive your property. Don’t make this process more complicated and costly for your loved ones. Be sure they are protected – get a will now!