Probate is the legal process used to settle an estate after someone passes away. Here’s a simple overview of how probate works in Minnesota.
When someone passes away, there’s often more involved than simply distributing their belongings. Financial accounts, property, debts, and other legal matters may need to be addressed before an estate can be fully settled. In Minnesota, that process is commonly known as probate.
Although probate is a term many people have heard, not everyone understands what it actually involves. Here’s a closer look at how probate works in Minnesota and why it plays an important role in estate administration.
What Does Probate Mean?
Probate is the legal process used to settle a person’s estate after they pass away. It provides a structured way to handle financial matters, transfer property, and ensure that an estate is administered according to Minnesota law.
Depending on the circumstances, probate may involve:
The exact process can vary depending on the size and complexity of the estate.
Does Every Estate Go Through Probate?
Not necessarily.
Whether an estate requires probate often depends on the type of assets involved, how those assets are owned, and the overall value of the estate. Some assets may transfer outside of probate, while other situations require court involvement.
Because every estate is unique, the probate process can look different from one family to another.
Who Handles the Probate Process?
A key part of probate is the personal representative. This is the person responsible for managing the estate throughout the process.
In some cases, the personal representative is named in a will. If there isn’t a will, the court may appoint someone to serve in that role.
Their responsibilities often include:
What Happens During Probate?
While every estate is different, probate often follows a series of steps. These can include filing documents with the court, identifying assets, addressing debts and expenses, and eventually distributing property.
The amount of time involved can vary depending on the estate and whether any issues arise during the process.
Why Probate Matters
Probate provides a legal framework for handling an estate after someone passes away. It helps ensure that financial obligations are addressed and that property is transferred according to applicable laws and estate planning documents.
For many families, it serves as the process that brings all of the estate’s legal and financial matters to a conclusion.
Final Thoughts
Probate is a common part of estate administration in Minnesota, but every estate is different. Understanding the purpose of probate and the role it plays can help make the process feel less unfamiliar.
At Borden, Steinbauer, Krueger & Knudson, P.A., we assist families and personal representatives with probate matters and help guide them through the legal process of estate administration.
Born and raised in St. Cloud, Minnesota, Sam is thrilled to return to Central Minnesota after passing the bar exam in 2024. Sam's diverse experience spans roles with the Douglas County Attorney’s Office (Civil Division), a Nebraska lobbying firm, Hudl, and the University of Nebraska Civil Clinic. Through these positions, he gained valuable exposure to various areas of law, including civil litigation, policy advocacy, and client counseling. Early in his legal career, Sam is eager to leverage his skills and experiences to deliver effective and personalized legal solutions for BSKK’s clients.
Areas of Practice:
- Business Litigation
- Construction Litigation
- Property Law & Real Estate
- Contract Disputes
- Personal Injury
- Probate/Trust Disputes
- Landlord/Tenant
- Family Law
Education:
- University of Nebraska College of Law, Lincoln, Nebraska, 2024, J.D.
- Concentration in Real Estate and Business Transactions
- North Dakota State University, Fargo, North Dakota, 2019, B.S.
- Honors: Magna Cum Laude
- Majors: Political Science and Management Communication
Bar Admissions:
- Minnesota 2024
Professional Memberships:
- Minnesota State Bar Association
David V. Hurt is a seasoned litigator who has been advocating for individuals, families, and businesses across Minnesota since 2012. His practice is rooted in a practical, results-driven approach that blends strategic litigation with thoughtful dispute resolution. David's clients trust him to navigate complex legal issues with clarity, efficiency, and unwavering commitment.
He began his legal career clerking for the Honorable John G. Melbye in the Ninth Judicial District of Minnesota, where he gained invaluable perspective on trial practice and judicial reasoning. Since then, he has built a diverse portfolio of experience at firms in Minneapolis, Washington, D.C., and Pennsylvania—litigating matters ranging from corporate and construction disputes to aviation claims.
David’s practice spans a wide range of civil matters, including business formation and litigation, real estate and land use disputes, probate and trust litigation, and family law. He is particularly experienced in resolving high-conflict disputes and routinely employs alternative dispute resolution strategies to secure favorable outcomes for his clients while minimizing cost and disruption.
Areas of Practice:
Education:
Bar Admissions:
Professional Affiliations:
Virginia "Ginny" Knudson represents individuals and businesses in various areas of law, including, estate planning and probate, business and corporate, real estate, and governmental relations. Ginny provides mediation services in divorce and custody, especially for business owners and high wage-earners, as well as for real estate, probate and business disputes. Ginny has been selected as a top attorney by Minnesota Super Lawyer Magazine from for 13 years.
Areas of Practice:
– Estate planning
– Business and corporate
– Real estate and landlord representation
– Probate disputes, guardianships and conservatorships
– Municipal and governmental relations
-- Mediation
Education:
– University of Minnesota Law School, Minneapolis, Minnesota, 1994, J.D.
– Honors: Cum Laude
– University of St. Thomas, Minneapolis, Minnesota, 1991, B.A.
– Honors: Summa Cum Laude
– Honors: Aquinas Scholar
– Major: Economics, Spanish, Minor: Business
Bar Admissions:
– Minnesota, 1994
– U.S. District Court District of Minnesota, 1994
– U.S. Court of Appeals 8th Circuit, 1996
Professional Memberships:
– St. Francis Church Finance Council, 2004–present, Chair and Trustee
- Essentia-St. Joseph's Medical Center, Directors Council, 2020-present
- Lakes Area Music Festival Board, Board Member 2022-present
– Brainerd Area Chamber of Commerce, 2016-2022, Board Member and Chair
– Mount Ski Gull, Board Member, 2014-2019
– Benevolent and Protective Order of Elks, Brainerd Lodge #615
– Zonta International, 1999–2018
– Jaycees, Brainerd, 1998–1999
– Aitkin/Crow Wing County Bar Association, 2000–2001, President
– Aitkin/Crow Wing County Bar Association, 1999–2000, Vice-President
Patrick has been practicing law since 1980, dedicating over 90% of his career to representing personal injury victims and their families, as well as handling a wide range of civil litigation matters. He is a Certified Trial Specialist recognized by the Minnesota Bar Association and was named a leading American attorney in personal injury law by the American Research Corporation. His professional excellence also earned him recognition as a Super Lawyer by Minnesota Law & Politics, placing him among the top six percent of attorneys in Minnesota.
Pat is enjoying a well-deserved retirement after 40+ years of practice. We thank Pat for his years of dedication to the firm and his service to the Brainerd Lakes Area. His legacy is marked by a deep commitment to justice, compassion for clients, and significant contributions to the legal profession.
Areas of Practice (during his active years):
Plaintiff’s Personal Injury
Civil Litigation
Real Estate Litigation
Construction Litigation
Contract Litigation
Mediation and Arbitration
Education:
– University of North Dakota School of Law, Grand Forks, ND – J.D., 1980
- Honors: Graduate of the Year, Bruce Inn
- North Dakota Law Review, 1979–1980
– Concordia College, Moorhead, MN – B.A., 1974
- Major: Business Administration / Hospital Administration
Bar Admissions:
Minnesota, 1980
U.S. District Court, District of Minnesota, 1981
Professional Memberships:
American Bar Association, Member
Minnesota State Bar Association, Member
American Association for Justice, Member
Minnesota Association for Justice, Member
Crow Wing-Aitkin County Bar Association, Past President
Brainerd Area Chamber of Commerce, Past Board Member
Brainerd Jaycees, Past President (1981–1982)
Benevolent and Protective Order of Elks, Brainerd Lodge #615, Past Exalted Ruler
P.O.R.T. Group Home, Past Member, Board of Directors
