Guide to Choosing an Executor or Personal Representative in Minnesota

What Is an Executor?

The article begins by explaining that an executor—also called a personal representative in Minnesota—is the person named in your will to manage your estate after your passing. This person ensures debts and taxes are paid, assets are distributed according to your wishes, and legal filings are completed.

“The executor is the point-person for your estate,” writes Ruce. “Their job is to guide your estate through probate, whether that means mailing in documents for an informal probate or appearing in court for a formal one. It’s a big responsibility, and not everyone realizes how much is involved.”

What Is Probate?

Probate is the legal process that ensures a deceased person’s assets are distributed properly—either according to their will or, if there is no will, under Minnesota’s intestacy laws. Minnesota has three levels of probate:

Informal Probate: Faster and less expensive; done by mail but offers fewer legal protections.
Formal Probate: Involves a court hearing, often required for estates with real estate.
Supervised Probate: The most complex, involving direct court oversight due to disputes, unclear wills, or other legal complications.

Despite a common misconception, “wills don’t skip probate,” Ruce clarifies in his article. “Wills control probate. A will is really a document that tells the court what to do. So, even with a will, the estate still go through the probate process, just with clearer instructions.” If you don’t have a will, the probate court will appoint someone as executor to manage your estate and follow Minnesota's intestacy laws to determine who will receive your money and assets. Thus, it's essential to have a last will and a comprehensive estate plan to decide in advance who will oversee your property and ensure your wishes are respected.

What Should I Consider Before Choosing an Executor?

Choosing an executor is more than selecting a trusted name. The article urges Minneapolis residents to think about the time, stress, and potential conflict that can come with the job.

“People often name a spouse or adult child because it feels like the right thing,” Ruce said. “But if that person is grieving, has a busy life, or doesn't get along with other family members, it can make an already tough situation worse.”

Should I Choose a Family Member, a Friend, or a Professional?

The article compares the different types of executors on may choose. Many people choose a spouse, sibling, or adult child to serve as executor; however, it's essential to consider what types of conflict of interest may exist for the individual and whether the person has the time and financial experience to serve in this important role. Some people name a close friend, business associate, or even a professional—like a bank or a probate lawyer—as their executor. While professionals charge a fee for serving as an executor, their experience can often speed up the estate administration process and reduce costly errors.

Speak with a Probate Attorney for Guidance Choosing an Executor

Choosing the right executor is crucial in ensuring that your estate is managed according to your wishes. If you’re unsure who to name or want to learn more about the responsibilities involved, a Minneapolis probate attorney can help guide a named executor through the process by assisting with:

• Navigating court deadlines and filings
• Managing estate taxes and property sales
• Avoiding legal issues that might hold up the estate
• Reducing conflict among beneficiaries

For Minnesota estates, Stone Arch Law Office helps to protect both the executor and the estate from common pitfalls such as missed tax filings, communication breakdowns, or disputes among heirs.

“Probate doesn’t have to be a nightmare,” Ruce explains. “But it’s often more complicated than people expect. We’re here to help executors understand their role and carry it out with confidence.”

About Stone Arch Law Office

Stone Arch Law Office, based in Minneapolis and Woodbury, Minnesota, brings years of experience to provide clients with the comprehensive estate planning services needed for their family. With the help of professional estate planning lawyers plans can be structured in advance. The law firm creates wills and trusts for families who want to feel secure that their loved ones are cared-for. In addition, their legal team offers solutions to even the most complicated estate planning problems and would be happy to speak with prospective clients about setting up an appointment. Stone Arch Law Office, PLLC is proud to be one of the few estate planning firms in Minneapolis.