If your loved one passed away due to toxic water exposure at Camp Lejeune, and your family is now pursuing a wrongful death claim under the Camp Lejeune Justice Act, the Minnesota probate process may be a required step. Federal agencies will not release settlement funds until a personal representative is legally authorized to act on behalf of the deceased's estate-typically through a Minnesota probate court.
At Heritage Law Office, we help families throughout Minnesota obtain the legal authority needed to finalize Camp Lejeune settlements. Contact us by calling 414-253-8500 or using our online form for legal support in opening probate and securing court approval.
Why Probate Is Necessary for Camp Lejeune Claims in Minnesota
The U.S. government requires proof that the person accepting a wrongful death settlement is legally allowed to act on behalf of the estate. This means the estate must be formally opened, and a personal representative must be appointed by the court.
Even if there is a valid will or the family is in agreement, settlement documents cannot be signed unless the representative has been granted one of the following by a Minnesota probate court:
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Letters Testamentary - when there is a will
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Letters of General Administration - when there is no will
These documents provide the court-ordered authority to accept the settlement, release claims, and manage any proceeds on behalf of the estate.
The Role of Letters Testamentary and Letters of Administration in Minnesota
In Minnesota, these letters are official legal documents issued by the probate court that authorize someone to act on behalf of a deceased person's estate.
Letters Testamentary
If the decedent had a valid will and named an executor, the court will confirm that person and issue Letters Testamentary. This executor can:
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Accept a Camp Lejeune settlement
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Sign release forms
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Pay valid debts and expenses
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Distribute assets to beneficiaries
Letters of Administration
If the decedent died without a will, the probate court appoints a personal representative (usually a spouse or family member) and issues Letters of General Administration, sometimes referred to as Letters of Authority. These grant the same powers as Letters Testamentary.
When Minnesota Probate Is Required
You will likely need to open probate in Minnesota if:
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The deceased lived in Minnesota at the time of death
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The estate includes a Camp Lejeune wrongful death or survivor claim
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There is no court-appointed representative currently in place
Even if the Camp Lejeune claim is the only remaining asset in the estate, it must still go through probate. This is because federal agencies will not release funds directly to heirs or attorneys without court-approved authority.
The Minnesota Probate Process for Camp Lejeune Settlements
The probate process in Minnesota follows a standard series of legal steps:
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Determine the proper county based on the decedent's last residence.
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File a petition for probate-either formal or informal, depending on the estate.
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Present the will, if one exists, and request appointment of a personal representative.
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Serve notice to heirs, creditors, and interested parties.
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Receive Letters Testamentary or Letters of Administration from the court.
Once these letters are issued, the personal representative can legally accept the Camp Lejeune settlement and begin managing estate matters.
How Long Does It Take to Get Letters in Minnesota?
The timeframe for obtaining legal authority through probate in Minnesota depends on several factors:
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Informal probate (uncontested and with proper documentation) typically results in the issuance of Letters Testamentary or Letters of Administration within 4 to 8 weeks.
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Formal probate may take longer, especially if:
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There is no will
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Heirs dispute who should serve as personal representative
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Required notice procedures take time to complete
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Since Camp Lejeune settlements are time-sensitive, beginning the probate process early can prevent unnecessary delays.
Delays in Probate Can Jeopardize Camp Lejeune Settlements
One of the most common reasons for delayed or denied Camp Lejeune wrongful death payments is incomplete or missing probate documentation. Without court-issued letters, federal agencies cannot:
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Approve the personal representative's authority
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Release settlement funds
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Finalize claim documents or releases
Even if the family and claimants agree on who should accept the funds, the government requires legal proof through the probate process.
Can Minnesota's Small Estate Procedures Be Used?
Minnesota allows for simplified probate when an estate is valued under $75,000 and other conditions are met. This process, known as Collection by Affidavit, may be helpful for very small estates. However, in Camp Lejeune wrongful death cases, this process is rarely sufficient because:
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The federal government usually demands formal court-issued letters to validate authority
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The settlement amounts often exceed the $75,000 limit
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Many estates include other assets besides the settlement
If you're unsure whether your family qualifies for a simplified process, an attorney can quickly evaluate your options.
How a Minnesota Probate Attorney Can Help
At Heritage Law Office, we help families across Minnesota:
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File probate petitions in the correct court
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Secure Letters Testamentary or Administration
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Handle notice and publication requirements
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Coordinate with Camp Lejeune settlement attorneys
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Avoid delays and court rejections
We work with both in-state and out-of-state heirs and personal representatives, providing responsive legal support through every step of the probate process.
Contact a Probate Attorney for Camp Lejeune Settlements in Minnesota
If you're pursuing a Camp Lejeune wrongful death claim and the decedent lived in Minnesota, the probate process is likely required before settlement funds can be released. Heritage Law Office is here to help you navigate that process quickly and correctly.
Whether you need to open an estate, obtain Letters Testamentary, or clarify your legal authority to act on behalf of the estate, we are ready to assist.
Call us today at 414-253-8500 or contact us online to start your Camp Lejeune probate process in Minnesota.
Frequently Asked Questions (FAQs)
1. Is probate required in Minnesota to accept a Camp Lejeune settlement?
Yes. If the deceased lived in Minnesota at the time of death and a wrongful death claim is being pursued, the estate must be opened in probate. A Minnesota court must issue Letters Testamentary (if there is a will) or Letters of Administration (if there isn't) before any settlement can be accepted.
2. What are Letters Testamentary and Letters of Administration in Minnesota?
Letters Testamentary are issued when a valid will names an executor, authorizing that person to manage the estate. Letters of Administration are issued when there is no will, appointing a personal representative to handle the estate. Both documents give the legal authority required to accept federal Camp Lejeune settlements.
3. Can I file probate in Minnesota if I live in another state?
Yes. You do not have to live in Minnesota to act as a personal representative. As long as the decedent was domiciled in Minnesota, you can petition the Minnesota court for appointment, and a probate attorney can help you complete all filings from out-of-state.
4. Does Minnesota have a simplified probate process for Camp Lejeune claims?
Minnesota does offer a simplified procedure for estates valued under $75,000, known as Collection by Affidavit. However, most Camp Lejeune settlements exceed this limit, and federal agencies often require formal court-issued documents. Formal probate is usually necessary.
5. How quickly can I get court approval to accept a settlement in Minnesota?
For uncontested estates with complete paperwork, Letters Testamentary or Administration can be issued in as little as 4 to 8 weeks. If there are complications-such as missing documents, multiple heirs, or will disputes-the process may take longer. Starting early ensures your Camp Lejeune claim remains on track.