Probate time for MN

[govgonewild]

What is the name of your state? Minnesota
I am the PR to my mother's estate and my sister's demanded that I get the will filed in probate immediately. I hired an attorney and the will was just filed July 24, 2007. I understand we have to wait 4 months for any creditor to make claims. How long do I have to finish the probate. Also, what do I do if one sister has filed a restraining order against me and I'm supposed to keep her informed of the probate process? The restraining order says I cannot contact her or any third party person that she knows. It's not big deal because I haven't seen her since my mom died on March 24, 2007 and I don't care to deal with her ever again. I am just worried she will go to the court and say I haven't communicated.

 

[seniorjudge]

Q: How long do I have to finish the probate.

A: Generally, there is a minimum time (as you indicated) but I know of no maximum time. Probate is a slow, slow process.


Q: Also, what do I do if one sister has filed a restraining order against me and I'm supposed to keep her informed of the probate process?

A: Have your lawyer file a copy of the restraining order with the probate court and ask for the court's direction on how you must fulfill your legal (not sisterly) duties.

 

[govgonewild]

Thanks for your advice! Will try and file the restraining order with the probate court but it's against my attorney also so no third party communication is allowed. I haven't been served the order yet but got a call from the sheriff saying he was trying to serve it to me. I live in a different state and my sister was trying to serve it at my mom's house and my mom is dead and her house is empty. I guess I have to wait until she serves me here to get a copy. My sister wouldn't give my attorney a copy but he will look it up.

 

[seniorjudge]

Thanks for your advice! Will try and file the restraining order with the probate court but it's against my attorney also so no third party communication is allowed. I haven't been served the order yet but got a call from the sheriff saying he was trying to serve it to me. I live in a different state and my sister was trying to serve it at my mom's house and my mom is dead and her house is empty. I guess I have to wait until she serves me here to get a copy. My sister wouldn't give my attorney a copy but he will look it up.

I hope your lawyer is across the street from the courthouse where the probate estate is open.

It is not a violation of the restraining order for you and your lawyer to file it with the probate court since you are not making contact with nasty sis.