Instructions - Objection (Probate)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Instructions - Objection (Probate) is a commonly used form within Minnesota. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Instructions - Objection (Probate)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions - Objection (Probate):

• This form pertains to the State of Minnesota

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Minnesota’s Form PRO1001 - Instructions - Objection (Probate) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Minnesota form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Minnesota probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form PRO1001, take a break, and then review. Probate and estate settlement processes in MN are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form PRO1001 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form PRO1001 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Instructions - Objection (Probate) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Minnesota.

5 reasons you should submit PRO1001 as quickly as possible:

1. The sooner you begin, the faster Minnesota can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Minnesota. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Minnesota is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Minnesota probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Minnesota probate clerk or court for exact answers regarding Form PRO1001, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions - Objection (Probate) is one of the many probate court forms available for download through Atticus.

It may also be available through some Minnesota probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Minnesota.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PRO1001 - Instructions - Objection (Probate) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Minnesota probate court office.

Instructions - Objection (Probate) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Minnesota-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Minnesota Form PRO1001 - Instructions - Objection (Probate). You can use this to get an idea of the context of the form and what type of information is needed.

Instructions – Objection (Probate) PRO1001 State ENG 11/19 www.mncourts.gov/forms Page 1 of 6 INSTRUCTIONS Objection (Probate) Sometimes a person wants to object to something in a probate case. For example, they may want to object to:  The appointment of a Personal Representative,  The probate of a Will, or  The final accounting or failure to submit a final accounting. Forms you may need to object something in a Probate case:  Objection (Probate), PRO1002  Affidavit of Mailing (Objection), PRO1003 Important Notices and Resources The Court has forms and instructions, for some types of cases, as a general guide to the court process. These instructions explain the steps in more detail and answer common questions, but are not a full guide to the law. Court employees may be able to give general information on court rules and procedures, but they cannot give legal advice. Have a question about court forms or instructions? • Visit www.MNCourts.gov/SelfHelp • Call the MN Courts Self Help Center at (651) 435-6535 Not sure what to do about a legal issue or need advice? • Talk with a lawyer • Visit www.MNCourts.gov/Find-a-Lawyer.aspx Helpful materials may be found at your public county law library. For a directory, see http://mn.gov/law- library/research-links/county-law-libraries.jsp . For more information, contact your court administrator or call the Minnesota State Law Library at 651-297-7651. Instructions – Objection (Probate) PRO1001 State ENG 11/19 www.mncourts.gov/forms Page 2 of 6 Visit the Probate, Wills, and Estates Help Topic for more detailed information about probate, the difference between informal and formal probate, and read some Frequently Asked Questions (FAQs) about the process. If you are not sure whether to object to something in a probate case, you should talk with an attorney. The information in these Instructions is not meant to be legal advice, but is a general guide to explain the legal process and steps for objecting in a probate case. If you do not understand any of these procedures, talk to an attorney. Court staff cannot give legal advice. You can use these forms object to something in a probate case if:  You are an interested person as defined by Minnesota law [Minn. Stat. § 524.1-201(33)].  The estate is going through an informal probate or formal probate court case. If you are objecting to something in a probate case, a judge or referee will hold a hearing. Filing the Objection only tells the judge that you are objecting to something. The way to let the judge know what you want to happen instead is to file a petition. For example, if you are objecting to the INFORMAL appointment of a personal representative or to the INFORMAL probate of a Will, a petition for formal appointment of a personal representative (and if there is a Will, formal probate of the WILL) must be filed to keep the case moving forward. You can find the definition of “formal probate” online at http://mncourts.gov/Help-Topics/Probate- Wills-and-Estates.aspx. Step 1 Fill Out the Objection (Probate) (PRO1002) The Objection (Probate) form (PRO1002) is available online at http://mncourts.gov/GetForms.aspx?c=31&f=601. The top part of the first page is where you will find the case caption. It looks like this: General Information about Probate Instructions – Objection (Probate) PRO1001 State ENG 11/19 www.mncourts.gov/forms Page 3 of 6 1. List the county where the Probate case was filed. 2. List the Judicial District and the Court File Number for the case. 3. Write in the full name of the person who died (first, middle, and last). Fill out the rest of the form: 4. Print or type your name. 5. Minn. Stat. § 524.1-201(33) defines interested person. See https://www.revisor.mn.gov/statutes/cite/524.1-201. Explain why you are an interested person. 6. How did this probate case start? a. If it is an INFORMAL probate case, check “a” and list the date of the application. b. If it is a FORMAL probate case, check “b” and list the date of the petition. 7. Check the box(es) to show what you are objecting to. If you choose “Other,” be sure to include enough detail so that it is clear what you are objecting to. a b a b c Instructions – Objection (Probate) PRO1001 State ENG 11/19 www.mncourts.gov/forms Page 4 of 6 a. If you are objecting to the appointment of the Personal Representative, check the first box, and include the name of the person appointed or nominated as the Personal Representative. b. Check this box if you are objecting to the probate of Decedent’s Will. c. If you are objecting to something else, check this box, and then explain what you are objecting to (for example, “I object to the final accounting.”). 8. Explain why you are objecting. The next section is where you tell the court what you are asking for. 9. This section is similar to paragraph 6 above, except here, you are asking the court to do something. a. If you have objected to the appointment of the Personal Representative, then check this first box and include the name of the person appointed or nominated. b. Check this box if you have objected to the probate of Decedent’s Will. c. If you have objected to something else, then use this section to explain what you want the court to order. 10 11 a b c Instructions – Objection (Probate) PRO1001 State ENG 11/19 www.mncourts.gov/forms Page 5 of 6 If you are represented by an attorney, then the attorney will fill out the rest of the form. If you are representing yourself, then you will need to finalize the form. 10. Date the form and sign your name. When you sign the Objection, you are signing under penalty of perjury. This means you are saying that everything in the form is true and correct; if you know something in the form is not true when you sign it, you could be found guilty of the crime of perjury (see Minn. Stat. § 609.48, https://www.revisor.mn.gov/statutes/?id=609.48). 11. Fill out the box: check “Self-Represented,” and then print your name, address, email, and telephone number (leave “firm” and “attorney license number” blank). Step 2 Make Copies Make a copy of all the forms you have filled out for each of the following:  Your records,  The person appointed or nominated as Personal Representative, and  Each interested person, including those listed in the Application or Petition. Step 3 File the Objection (Probate) Get the Notice of Hearing from the Court File the original Objection (and any other papers you have completed). There will be a filing fee due when you file. You can make checks payable to “District Court.” If you cannot afford to pay the filing fee, you can ask for a fee waiver by completing the forms in the In Forma Pauperis/IFP packet of forms. If a judge does not sign the fee waiver order, then you must pay the filing fee before Court Administration can process your forms. The Court will give you a Notice of Hearing form that includes the hearing date. 12 13 Instructions – Objection (Probate) PRO1001 State ENG 11/19 www.mncourts.gov/forms Page 6 of 6 Step 4 Serve the Personal Representative and all Interested Persons File the Affidavit of Mailing (PRO1003) You need to arrange to have the Notice of Hearing and a copy of your Objection served on the following individuals (or their attorneys, if they are represented):  The person appointed or nominated as the Personal Representative, and  All interested persons, including all those listed in the Application or Petition. Service can be done by regular first class U.S. Mail; you can mail the papers yourself, or you can have another adult mail for you. The person who mails copies of your papers to the individuals listed above should fill out an Affidavit of Mailing (PRO1003), and sign it under penalty of perjury. IMPORTANT! The completed Affidavit of Mailing (PRO1003) needs to be filed with court administration before the hearing date.