Is selling, holding, or renting right for the estate?

---

Certified Probate Real Estate Specialist Keith Hittner Jr is here to shed light on the process and help determine if selling, holding, or renting the real estate is right for the estate.

Personal Representatives...

Keith can help answer and provide help for these (and many more) questions:

• Does the property need to be cleaned out?
• Should personal items be sold and/or donated?
• Does the property need repairs?
• Who pays for the repairs if any?

FYI - Keith can provide a 0% interest repair allowance to help if needed.

• Does the property need ongoing maintenance?
• Should the estate sell, hold, or rent the property?
• If we decide to sell, when can we sell the property?
• What special considerations do we need to be mindful of?

Below is an overview of the probate process in Minnesota District Court according to the Minnesota Judicial Branch sourced from their website mncourts(dot)gov. Keith Hittner Jr is not an attorney and cannot give legal advice. Advice comes only from his professional and personal experiences through probate real estate transactions.

Keith's late wife Nicole Hittner was a MN attorney and referee presiding over Dakota County Conciliation Court cases. He has a lot of respect for attorneys and the work that they do to help families through the probate process. Keith always recommends those that will be personal representatives reach out to an attorney for help through the process. He also highly recommends working with a real estate professional that understand your personal situation and the process of handling probate real estate in Minnesota.

What is probate?

Probate is the legal process of getting court authority to transfer property of a person after death.  To start a probate case, a petition or application must be filed with the court and a personal representative must be appointed by a court order.  The personal representative is responsible for the following:

• Collection, inventory, and appraisal of assets of the person who has died.
• Protection of the estate's assets.
• Payment of the debts of the person who has died.
• Distribution of the remaining assets to the proper parties as provided by law.

Do I need to go through probate?
The need for probate is determined by the kind of assets the person owned when they died, not whether they had a Will. The fact of having a Will alone does not affect whether probate will be required. For more information on when probate is required, get your free guide below.

When probate is needed, it is a good idea to talk to a lawyer.

There are two types of probate – Formal and Informal.

Informal probate - An informal application can be filed to ask the court to appoint a personal representative without a hearing in front of a judge in situations that are less complicated.
Formal probate - A formal petition can be filed to ask the court to appoint a personal representative with a hearing in front of a judge in situations that may be more complicated.

For more information about Formal and Informal probate, get your free guide below.