Interested Persons

Minnesota Probate Law

Just because you are interested in some rich and famous person's estate does not make you an interested person as far as Minnesota probate law is concerned.

An interested person is a finite, specific group of people. The interest is not an intellectual interest. It is a legal or property interest. If your legal rights or claim to property will be affected, then you generally are an interested person for purposes of Minnesota probate law.

The statutory language says an interested person "includes heirs, devisees, children, spouses, creditors, beneficiaries and any others having a property right in or claim against the estate of a decedent, ward or protected person which may be affected by the proceeding. It also includes persons having priority for appointment as personal representative, and other fiduciaries representing interested persons. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding."

You'll notice two things from this statute. First, probate law covers guardianships and conservatorship, so interested persons are linked in that regard. That doesn't really matter in most cases.

Second, however, and of more significant importance, siblings simply as siblings are not necessarily interested persons. To be an interested person, a brother or sister must have a different claim. A brother is not an interested person, but a brother who is a creditor of his dead sibling should be an interested person.

Significance of Interested Person Designation

Interested persons have certain rights that are denied to others. Interested persons can demand certain notification or bond to protect their interests. Interested persons can bring challenges.

If you are that brother who the court has determined is not an interested person, then you may have to sit by and watch everything happen without being able to do anything.

If you have any questions or seek representation by a Minnesota probate attorney, please feel free to contact me.