Estate Law Questions? Ask an Estate Lawyer.
Thank you for using Just Answer. I'm sorry for your family's loss.
Unfortunately, there is nothing you can legally do to ensure that closing happens next week. The only way to sell the property is to open a probate estate in Minnesota and have someone (such as your husband) named as executor, which will give him the authority to act on behalf of the estate. Even if the petition and documentation could somehow be filed today, however, there is no way that a court would formally appoint an executor by next week. Probate is a process that takes months to complete (on average, 6-12 months).While Minnesota does have a "small estate" procedure in place for estates valued at under $50,000, it does not apply to estates where there is real property, such as a house. Therefore, what you have been told by that lawyer in Minnesota is correct -a probate estate must be opened in order to effect transfer of the property. Even if you and your husband wanted to keep the house, it doesn't matter -probate would still be required.I'm sorry I cannot tell you otherwise. If you need clarification or additional information, please reply, and I'll be happy to assist you further. Thank you.
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