What to Do When You’re Named the Executor of a Will in Minnesota

Christopher Davis • April 12, 2026

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.

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5 Common Estate Planning Mistakes Minnesotans Make

By Christopher Davis • March 12, 2026

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.

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How to Choose an Estate Planning Attorney in Rochester

By Christopher Davis • February 12, 2026

Choosing an estate planning attorney isn’t just about credentials—it’s about trust, communication, and finding the right fit for your needs. If you’re looking for help with wills, trusts, or other legal planning in the Rochester area, here’s what to consider before making your decision. First, make sure the attorney has experience with Minnesota law. Estate planning is governed by state-specific rules, and working with someone who knows the local court systems, tax requirements, and probate procedures can save you time and stress. If you live near the Wisconsin border or have property in both states, you’ll also want someone licensed in both places who can help you coordinate everything smoothly. Next, look for someone who will take the time to understand your unique situation. A good attorney doesn’t just fill out forms—they ask the right questions, explain your options in plain English, and help you plan for real-life scenarios like incapacity, blended families, or long-term care. Whether you’re a working professional, a new parent in Cannon Falls, or entering retirement in Lake City, you deserve personalized guidance—not a cookie-cutter solution. Accessibility is also key. Can you meet in person, or do they offer phone and video consultations if you're coming from Red Wing or Wabasha? Are they responsive when you have questions? Planning your estate is personal, and you should feel comfortable reaching out for help—even years down the road. Finally, check for clarity and transparency. A reputable estate planning lawyer will walk you through costs, timelines, and what each document does. You shouldn’t be left guessing what a healthcare directive covers or whether your will actually controls all your assets. Word-of-mouth goes a long way, too. Read reviews from other clients to get a sense of how the attorney works and what people appreciate most about their service. If you're ready to get started, we're here to help. We work with clients throughout Southeastern Minnesota to create clear, customized estate plans they can feel good about—today and in the future.

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How Often Should You Update Your Estate Plan in Minnesota?

By Christopher Davis • January 12, 2026

Creating an estate plan is a smart move—but it’s not a one-and-done task. Life changes, and so should your legal documents. One of the most common mistakes people make is forgetting to review their estate plan after major events. Here’s how often you should revisit your plan and what triggers a review in Minnesota. As a general rule, you should review your plan every 3 to 5 years, even if nothing dramatic has changed. Laws can shift, tax rules evolve, and your financial situation may be different than it was when you first created your documents. But there are certain events that call for an immediate update, no matter when your plan was last reviewed. Marriage, divorce, or the birth of a child are some of the biggest triggers. If you’ve gotten married or remarried, you may want to update your will or trust to reflect your new spouse. If you’ve divorced, it’s essential to remove an ex from any inheritance or decision-making role. If you’ve welcomed a child or grandchild into your life, you may want to name them as a beneficiary or identify a legal guardian. Other key moments include buying or selling property, changing jobs or retiring, or receiving an inheritance. If you’ve moved across state lines—say, from Wisconsin to Minnesota—it’s also smart to review your plan, since laws differ. We often help clients who’ve relocated to Rochester or the surrounding area and need to make sure their documents still hold up under Minnesota law. A good estate plan also includes powers of attorney and healthcare directives . If your designated agents have moved away, passed on, or are no longer the right fit, it’s important to name someone new. These documents should reflect not only your preferences, but the reality of who is available and willing to help. Even small updates can save your loved ones time, stress, and legal confusion later. At our firm, we make the process of reviewing and updating your estate plan simple and efficient. Whether you live in Red Wing, Zumbrota, or right here in Rochester, we’re here to help you keep your plan current and aligned with your life .