Probate LawPersonal Inury LawAviation Law home page
aviation law, personal injury, probate




Areas of Expertise


Wills and Trusts


Power of Attorney

Probate Law

Probate law deals with the last will and testament and any assets of a deceased person. Probate is the court proceeding through which the estate of a decedent is administered, assets transferred to his/her heirs and beneficiaries, and any taxes or other debts paid.

Legal advice during estate planning — before probate — can ensure that your wishes are followed after your death in terms of your estate's distribution. And it can help lower taxes on inheritance that heirs will receive. Errol Kantor represents clients through all aspects of the probate process. Other legal services offered include the preparation of wills and estate planning legal issues.

Probate can also encompass guardianship and conservatorship for minor children and those not able to conduct their own financial affairs, such as elderly, disabled parents.

It is advisable to draw up an estate plan and will when you get married and again when you have children. It is also prudent to periodically review the plan — and your will — as your children mature.

Frequently asked questions

Q. What happens to an estate when someone dies?

A. If there is not a will, the State Courts decide what to give heirs of the estate. Without a will, your intentions, such as leaving money to beneficiaries other than heirs (an university or a cancer research institute) may not be fulfilled.

Q. Why is probate necessary?

A. Probate provides a mechanism for payment of outstanding debts and taxes of the estate, for setting a deadline for creditors to file claims (thus foreclosing any old or unpaid creditors from haunting heirs or beneficiaries) and for the distribution of the remainder of the estate's property to ones' rightful heirs

Q. What is a personal representative?

A. The Personal Representative (sometime also referred to as the "executor" or "executrix" if there is a Will, or the "administrator" or "administratix" if there is no Will) is appointed as part of the probate proceeding and has the responsibility for managing the estate through the proceeding, subject to established probate rules and procedures.

Q. If there is no will, do I need to go through probate?

A. Yes. If a person dies without a Will (known as dying "intestate"), the probate court appoints a Personal Representative to receive claims against the estate, pay creditors, and distribute remaining property in accordance with the laws of the state.

Errol K. Kantor, Attorney at Law
100 Washington Avenue South • Suite 1335 • Minneapolis, Minnesota 55401
800.535.1663 • 612.332.8655

These pages are not a substitute for legal advice and counseling and does not create a client/attorney relationship.

Copyright © 2014 Errol K. Kantor, Attorney at Law