Page 22 - Ultimate Guide to Estate Planning
P. 22

If the value of the estate exceeds the “small
                                estate” rules, then the estate is subject to
                                probate       proceedings.        These      proceedings

                                involve a judicially supervised gathering and
                                disposition of assets.



                                A will does not avoid probate; rather it
                                guarantees that you will have your estate
                                probated in some fashion. The costs associated

                                with administering a will through probate
                                include attorney fees, the cost of the time
                                expended by the personal representative of the
                                estate, or executor, and filing fees applicable to

                                the court and various experts as it relates to
                                valuing property for disposition.



                                Probate is concluded when:

                                       All the debts are paid;

                                       Estate taxes are paid; Minnesota estate
                                         taxes apply if the estate exceeds $1.8
                                         million in 2017 or $2 million in 2018 and
                                         beyond (which can be doubled if married
                                         with     a     credit     shelter      trust     is

                                         implemented) at a rate of roughly 15% of
                                         the excess; Federal estate taxes will
                                         apply if the value of the estate is above
                                         roughly $5.5 million (which can be
                                21
   17   18   19   20   21   22   23   24   25   26   27