After a loved one passes away, you or another member of the family may need to administer their estate to resolve their remaining debts and distribute their assets to heirs and beneficiaries. But how long must or should it take to settle an estate in Minnesota? Although the law does not impose hard deadlines for completing estate administration, executors must work diligently to settle the estate.
The Basic Timeline for Settling an Estate in Minnesota
Most estates in Minnesota take approximately six to 12 months to settle, with the duration of a probate proceeding depending on factors such as the complexity of the estate and the need to resolve will contests, creditor claims, and beneficiary challenges. Larger or more complex estates can take longer to settle. Although Minnesota does not set a specific deadline by which an executor must finish administering an estate, the law requires executors to manage estates diligently to settle them within a reasonable amount of time.
Minnesota Probate Process Overview
In Minnesota, the probate process begins with filing a petition for letters testamentary and to admit the decedent’s will to probate, if the decedent left a will. After the court approves the will and appoints an executor or administrator for the estate, the executor/administrator must notify creditors of the estate, beneficiaries named in the will, and the decedent’s heirs of the probate proceeding, allowing interested parties to file claims or legal challenges.
The executor or administrator must inventory estate assets, including gathering property and obtaining valuations for assets like real estate, artwork, or business ownership interests. Inventorying and valuing the estate will help them determine the estate’s tax liabilities and distribute inheritances to beneficiaries and heirs.
They must also pay the decedent’s outstanding debts, estate administration expenses (such as legal or accounting fees), and estate taxes. After doing so, they can distribute estate assets to beneficiaries as instructed by the decedent’s will or to heirs under Minnesota intestate succession laws.
Factors That Can Delay the Probate Process
Various circumstances can delay or lengthen the probate process in Minnesota, such as:
- Will contests and legal disputes filed by heirs and beneficiaries
- Complex estate assets, such as high-value real estate or business interests
- Missing or incomplete documentation, such as missing pages from the decedent’s will or incomplete documentation of estate assets
- Uncooperative beneficiaries or heirs who decline to sign waivers, requiring executors or administrators to pursue a lengthy court process to close the estate
- Failure to notify known creditors or publish notice of the probate
Legal Expectations and Deadlines
Minnesota does not require executors to complete the probate process within a specific period. However, courts expect executors to administer estates with reasonable diligence. An executor’s fiduciary duties also include an obligation to settle the estate as efficiently as possible. A court can intervene in a probate proceeding if it finds that an executor has unreasonably delayed the case’s progress.
Other deadlines do apply to various aspects of the probate process. For example, estates subject to federal estate taxes must submit a tax return within nine months of a decedent’s death. However, an executor can ask the IRS for a six-month extension to file the return (although it does not extend the time to pay estate taxes).
Contact an Estate Administration Attorney Today
If you’re responsible for administering a deceased loved one’s estate, hiring experienced counsel can help make the administration process more efficient and less stressful. Contact Two Rivers Law P.A. today for a free initial consultation with an experienced estate administration lawyer to learn more about the timeline and process for settling an estate in Minnesota.