Minnesota Probate law covers both true probate cases and cases involving guardianships or conservatorships. Probate is the legal process that often occurs when someone has died. The probate process is a means of transferring a deceased person’s assets to their beneficiaries or heirs. If a person doesn’t own assets, TYPICALLY probate is not needed. Sometimes all of a deceased person’s assets have beneficiary designationS, in which case probate is still not needed. If a person has an asset that is owned outright without a beneficiary designation, usually some type of probate is necessary. The probate process in Minnesota can be complicated. We are here to meet with you to determine if you even need an attorney, and if so, how to move the process forward as quickly and cost-effectively as possible.


Informal probate is a probate process that is less complicated than formal probate. Typically issues are not contested by the beneficiaries and there are no debts that need to be discharged. Informal probate still requires the appointment of a Personal Representative (previously known as an Executor) and there are many deadlines and procedural requirements that must be followed. It is, however, less cumbersome than formal probate because court hearings are not required. Most often the informal probate process is less time consuming and less expensive than formal probate.


Formal probate is often what people have in their minds when they think of a probate process. Court hearings in front of a judicial officer are used to decide contested issues, and the process usually takes between six months to a year. Formal probate is used in cases where the parties cannot agree on who should be appointed as the Personal Representative, Will contests, and when one party feels an estate plan has been created either under Undue Influence or when a testator did not have sufficient capacity to create or modify their estate plan. This is by no means an extensive list of the types of formal probate cases out there: any case that requires judicial intervention necessitates formal probate. Formal probate is something to be avoided if possible, but sometimes there are not other options and formal probate is a necessity. In those instances we are here to offer experienced legal counsel to help you through the process.


Handling the administration of a trust involves managing and executing the terms outlined in a trust document. This includes distributing assets to beneficiaries, ensuring compliance with legal requirements, managing investments, and addressing ant complexities or disputes that may arise during the process. Trustees, appointed to oversee the trust play a crucial role in fulfilling the wishes of the grantor and safeguarding the interests of the beneficiaries. Rogness & Field has years of experience helping clients navigate the administrations of trusts.