Minnesota Attorney General's Office
1400 Bremer Tower
445 Minnesota Street
St. Paul, MN 55101
(651) 296-3353
(800) 657-3787
M - F 8 am - 5 pm
TTY:(651) 297-7206
TTY:(800) 366-4812
Probate and Planning
Assets
All property owned by a person that can be used or made available to use in the payment of debts and heirs.
Attorney-in-fact
This person receives the powers allocated in a power of attorney, such as a right to handle another person’s financial matters.
Beneficiary
A person or entity designated to receive property under a will or to receive the income or principal of a trust.
Codicil
An amendment to a will. It is a separate document.
Conservator
A person or entity who is appointed by the court to make financial decisions on behalf of the impaired person.
Decedent
A person who is deceased.
Escheat to the state
When no heirs have made claims to either all or part of an estate, the state receives the unclaimed estate.
Estate
All of the property owned by a person, including real estate and personal property.
Guardian
A person or entity who is appointed by the court to perform duties related to the personal care, custody and control of the incapacitated person.
Health care directive
A legal document that lets others know one’s wishes regarding medical care and treatment, funeral arrangements, organ donation, and other health care concerns.
Heir
Those persons, including a spouse who are entitled to the property of a decedent when the decedent has left no valid will.
Jointly held bank account
A bank account that is held by two or more people each of whom has a right of survivorship.
Joint tenancy
A property held in joint tenancy is owned by two or more people who have an undivided interest in the property, and the interest continues even after the other owners die.
Living Trust
A living trust is an estate planning device that allows a person to transfer assets to one or more persons before and after they die.
Payable on death account (POD)
An account, such as a bank account, that is handed over to a specified person upon another person’s death.
Personal representative
The person responsible for the administration of an estate. This includes paying creditors and heirs.
Power of attorney
A legal agreement that authorizes someone to handle or share in handling the financial matters of another person. A “durable” power of attorney can continue to give power to another in handling financial matters after incapacitation has occurred.
Probate
The process of settling your estate after you die, including paying creditors and heirs, and validating a will (if there is one).
Property
The money a person has and the things a person owns. Revocation In terms of wills, the process or act of canceling or destroying an existing will.
Will
A legal document that directs where a person’s property should go after that person dies.
If you are seeking further information, or are considering the services of an attorney, the following resources may also be of use to you.
Office of Minnesota Attorney General Lori Swanson
1400 Bremer Tower
445 Minnesota Street
St. Paul, MN 55101
(651) 296-3353
1-800-657-3787
TTY: (651) 297-7206
TTY: 1-800-366-4812
Minnesota Board on Aging
444 Lafayette Road North
St. Paul, MN 55155-3843
1-800-882-6262
www.mnaging.org
Minnesota State Auditor's Office
525 Park Street; Suite 400
St. Paul, MN 55103
(651) 296-2551
Association
Residents of Dakota, Hennepin and Ramsey counties should call the below numbers for attorney referral.
Dakota
(952) 431-3200
Hennepin
(612) 752-6666
Ramsey
(651) 224-1775
All other Minnesota residents should contact:
(612) 333-1183
1-800-292-4152
Forms
The forms and table contained in this section can be downloaded in a separate pdf file in Probate section of the Attorney General's website. They are available for use and are prepared according to statutory requirements.
The Attorney General's Office is prevented from providing legal advice to private citizens. However, if you have any questions about the forms you may consider contacting the Attorney General's Office.
Forms Available for Download: