Being named the executor (also called the “personal representative”) of someone’s will is an honor—but it can also feel like a heavy responsibility. You’re not just carrying out final wishes; you’re navigating a legal process that comes with deadlines, paperwork, and the need to make calm, informed decisions during a difficult time. If you’ve been named executor of a will in Minnesota, here’s what you can expect and how to get started. Understand Your Legal Role As executor, your job is to handle the deceased person’s estate. That includes locating and valuing assets, notifying heirs, paying debts, filing tax returns, and distributing what’s left according to the will. In Minnesota, most estates must go through probate , which is a court-supervised process. Some estates qualify for simplified procedures—but many require formal filings and strict timelines. Locate the Will and Important Documents Before anything else, you’ll need to locate the original will, along with documents like deeds, account statements, insurance policies, and lists of debts. If you can’t find them, the process becomes more complicated. We help clients in Rochester, Red Wing, and Wabasha organize what’s needed and make sure the court gets what it requires. Open the Probate Case To get legal authority, you’ll need to file paperwork with the county probate court. Once approved, the court will issue “letters testamentary” that allow you to act on behalf of the estate. This step often overwhelms first-time executors, especially if they’re juggling grief and out-of-town travel. That’s why many people work with an attorney experienced in Minnesota probate & estate administration . Notify Heirs & Creditors Minnesota law requires you to notify certain people and institutions—including heirs, beneficiaries, and creditors. You’ll also publish a legal notice in a local newspaper. Missing someone or doing it late can delay the process, so it’s important to keep track of deadlines. Handle Assets & Debts Properly You’ll need to create an inventory of the estate’s assets, determine which debts are valid, and pay bills using estate funds. Some things—like selling a house or managing a small business—can take time. We help clients avoid personal liability by making sure everything is done by the book. Distribute What’s Left According to the Will After debts are paid and taxes are filed, you’ll distribute the remaining assets to the people or organizations named in the will. You may also need to file a final account with the court. If disputes arise among family members, we can help mediate solutions before things escalate. If you've recently been named an executor, don’t try to figure it all out on your own. We work with personal representatives across Southeastern Minnesota to guide them through the process step by step .

Estate planning can feel overwhelming—but avoiding a few key missteps can make all the difference for your family. Whether you're just starting out or revisiting your documents after years, here are five of the most common estate planning mistakes we see in Rochester and surrounding communities—and how to avoid them. Not Having an Estate Plan at All This is by far the most common issue. If you die without a plan, Minnesota law decides who gets what—and it may not align with your wishes. Stepchildren, unmarried partners, friends, and charities may be left out entirely. A simple estate plan can make sure your voice is heard, even after you're gone. Forgetting to Name or Update Beneficiaries Some assets—like life insurance or retirement accounts—pass outside of a will. That means the names on those accounts matter. We’ve seen people unintentionally leave assets to ex-spouses or miss out on naming their kids altogether. When we create wills, trusts, and beneficiary designations , we help ensure everything is aligned. Choosing the Wrong People to Make Decisions Your personal representative, trustee, and power of attorney should be people you trust to carry out your wishes—both responsibly and without drama. Choosing someone just because they’re family isn’t always the best call. We walk clients through how to name decision-makers in powers of attorney and healthcare directives that actually fit their lives. Not Planning for Incapacity Estate planning isn’t just about what happens after death—it’s also about what happens if you’re still alive but unable to manage your affairs. Without a power of attorney or healthcare directive , your family could face court involvement just to make medical or financial decisions. That’s avoidable with the right planning. Letting Your Plan Collect Dust Life changes fast—marriage, divorce, kids, a move, retirement. If your plan hasn’t been reviewed in years, there’s a good chance it no longer reflects your life. We recommend updating your estate plan every 3 to 5 years or after major life events Mistakes are common, but they’re also easy to fix with the right guidance. We help individuals and families in Cannon Falls, Wabasha, Zumbrota, and Rochester create estate plans that work —and avoid surprises later.