Founding Attorney
You remember how proud you felt when your Aunt Emma called to say she’d just updated her will—and named you as her personal representative. It felt like a real vote of confidence. You assumed it would be a simple way to help your family when the time came.
But now Aunt Emma has passed away, and things feel anything but simple. The phone won’t stop ringing. Family members want to know when they’re getting their inheritance. Someone’s asking if they can go pick up the jewelry they were promised. The funeral home needs to be paid by Friday.
You’re left thinking: What did I agree to?
Let’s walk through what this role actually means—and how to get started.
Your Role: What Does a Personal Representative Actually Do?
In Minnesota, a personal representative—sometimes called an executor—is the person responsible for managing someone’s estate after they pass away. That means you’re now in charge of making sure Aunt Emma’s wishes are carried out according to her will and Minnesota law.
This isn’t just about passing out keepsakes. You may need to:
- Locate and protect assets
- File paperwork with the probate court
- Notify heirs and creditors
- Pay final bills and taxes
- Distribute the remaining assets to the right people
If that sounds like a lot, it’s because it is. But the good news is that you don’t have to figure it out on your own.
Your First Steps After a Death
Before anything else, check if the original will has already been located. If not, that’s your first task. Next, make sure you have certified copies of the death certificate. You’ll need these to deal with banks, insurance companies, and the court.
From there, begin putting together a list of people who need to be notified. That includes:
- Beneficiaries named in the will
- Heirs at law (even if they’re not in the will)
- Known creditors
It’s also your responsibility to secure any property owned by the person who passed away. This could mean locking up the house, checking on insurance coverage, or collecting keys to vehicles. You’ll also need to create an inventory of everything Aunt Emma owned and owed—bank accounts, retirement plans, debts, household bills, and more.
What Happens in Probate?
Probate is the court-supervised process that makes sure a will is valid and that the estate is properly managed. Not every estate requires probate, but many do—especially if there are assets solely in the decedent’s name. An experienced probate or estate planning attorney can help determine whether probate is required, and assist with carrying out the personal representative’s duties.
To get started, you’ll file the will and other documents with the probate court. Once the court approves your appointment, it will issue a document called Letters Testamentary. This gives you the legal authority to act on behalf of the estate.
Once appointed, your responsibilities include:
- Managing estate funds in a separate account
- Paying off legitimate debts
- Keeping beneficiaries informed
- Filing any required court documents
- Distributing real and personal property to the beneficiaries, in accordance with the Will
Probate can be informal or formal, depending on the estate’s size and complexity. Either way, it helps to have legal guidance to stay on track and avoid delays.
Common Challenges and How We Can Help
This role can be rewarding, but it can also be challenging. You may face questions about fairness, disagreements between family members, or confusion about how certain assets should be handled. You might even be asked to track down missing documents or untangle complicated financial issues.
At Unique Estate Law, we help personal representatives stay organized, meet legal requirements, and avoid common missteps. Whether you need help navigating probate, managing timelines, or handling beneficiary concerns, we’ll guide you every step of the way.
Compensation and Final Tax Duties
Minnesota law allows you to be paid for your work as a personal representative. The law says compensation should be “reasonable,” but it doesn’t set a specific amount. A good rule of thumb is to track your time and expenses from the beginning so compensation can be calculated fairly.
You’ll also need to make sure all final tax returns are filed, including any federal or Minnesota income tax returns and, if applicable, estate tax filings. Mistakes here can be costly, so it’s smart to get legal or tax guidance early.
Let Us Help You Move Forward
Being named a personal representative is a big responsibility, but you don’t have to handle it alone. At Unique Estate Law, we provide personal guidance tailored to your situation. If you’ve been appointed in a loved one’s will, we’ll help you handle each step with confidence and care. Reach out today to schedule a consultation.