Is there a short form to probate an intestate estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there a short form to probate an intestate estate?

Are there forms that can be completed and filed with the courts? Mom died intestate in MN. She had quit claim deeded her home to her 3 daughters as tenants-in-common (retaining a life estate for herself). She was preceded in death by daughter #2, who resided and died intestate in GA. Daughter #2 had 2 children and her estate was probated in GA. Now daughters #1 and #3 want to sell Mom’s home along with Daughter #2’s children. What needs to be done to recognize Daughter #2’s children’s interests so that clear title to the property can be transferred? An attorney has quoted fees from $1,500 -$2,000 to probate Daughter #2’s estate.

Asked on February 16, 2011 under Estate Planning, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.   If your Mother died intestate then I am sure that you know that the intestacy laws in Minnesota govern how the estate is distributed.  From what I can see from the laws that govern, intestate estates pass to those descendants that survive the decedent, but here there has already been a transfer to your sister who has also passed away.  That being the case, her descendants would receive her share under intestacy.  You may not need to probate the daughter's estate but rather just your Mother's estate.  You can sometimes just show that the other party died (death certificate) and have prepared an affidavit of heirship of her estate indicating that there was no probate proceeding necessary. Consult with an attorney in your area.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption