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As estate planning attorneys, we frequently receive requests from heirs and family members for copies of probate documents or a deceased person's will. Sometimes people seek probate records to determine if a probate process has been initiated. Since probate is a court process, all probate records are public and accessible to anyone. In Minnesota, summarized probate records can be remotely viewed online, making information available from anywhere in the world.
To begin a remote public search of probate records, one should use Minnesota's Public Access System. Interested parties can search by court file number or the name of an individual involved. The system will display the probate case number and a summary if a probate has commenced. This summary will also include the name of the person handling the probate, known as the executor or personal representative in Minnesota.
Through this system, complete probate court documents, including a person’s will, inventory of estate assets, and estate accounting, are accessible for free online. While this public access enhances transparency, it may raise privacy concerns for some individuals, as sensitive financial information becomes publicly available.
The availability of court records online is beneficial for public access but also means that details such as wills, heirs, and estate inventories can be accessed without meticulous estate planning. Therefore, individuals seeking an estate plan in Minnesota must be aware of what information may become public in probate court and how to manage or avoid this.
For instance, a trust-based estate plan can help maintain privacy by keeping certain aspects of the estate out of the public domain. A trust-based plan allows for asset transfer outside probate court, ensuring details like beneficiary amounts remain private. Conversely, a will-based estate plan requires filing with Minnesota probate courts, making those details public. Trust documents, however, are typically confidential and may not be accessible even to family members without explicit permission.
As experienced estate planning attorneys, we can assist families in understanding the privacy implications of court records in Minnesota and guide them in creating a plan that meets their needs while protecting their privacy. Through a comprehensive evaluation of an individual’s needs, objectives, and wishes, our attorneys will develop a tailored plan ensuring peace of mind for the estate's distribution.
Unlike some attorneys, estate planning is not something we dabble in. We are engaged in comprehensive and effective estate planning for clients throughout Minnesota every single day. We’ve been doing it for over 50 years.
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