Preparing for the future through an estate plan and a will are great ways to ensure your wishes are followed and your estate is settled.  When creating your plan, you will have to select individuals, like an executor of an estate, to work on your behalf.

What is an Executor of an Estate?

An executor of your estate, also known as a “personal representative,” is an individual who you give the power to manage your estate pursuant to your will. This may include tasks such as settling your estate, paying taxes or creditors, and distributing assets. In most wills, it is common to include one executor and one successor executor. A successor or alternate executor is a “back-up” in the instance your primary executor is unable to preform their duties or passes away.

How do I Pick an Executor?

Minnesota law does not have many restrictions on who can serve as an executor within a will. State law does require the executor to be at least 18 years of age and of sound mind.  It is very common for a person to name a family member as an executor. This may include a spouse, child, sibling, or perhaps a close friend.

Minnesota does not have a provision regarding residency for an executor. This means you do not have to choose a party who lives in the same state as you. However, if your primary residence is in Minnesota at the time of your death, your estate will proceed through probate in Minnesota courts. For out of state executors, this is something to keep in mind.

While you want to select executors who are responsible and trusted, they do not have to have prior knowledge about estates or probate. The executor is in charge of settling your estate but they do not have to do it alone. They can seek the assistance of an attorney and your estate will generally pay the legal fees.

If you have questions about your estate plan, contact our office today. We can help you create a plan that is specific to your unique situation. Contact our estate planning attorneys today at (763) 323-6555 or by submitting a contact inquiry request on our website. We look forward to speaking with you.

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Photo of Jason C. Brown Jason C. Brown

Jason Brown founded the Brown Law Offices, P.A. in 2003 after working for several years as an associate attorney in downtown Minneapolis. He graduated with honors from Mankato State University in 1997 and the William Mitchell College of Law in 2000.

Jason has…

Jason Brown founded the Brown Law Offices, P.A. in 2003 after working for several years as an associate attorney in downtown Minneapolis. He graduated with honors from Mankato State University in 1997 and the William Mitchell College of Law in 2000.

Jason has successfully litigated against some of the more recognized divorce attorneys in the Twin Cities. He has been repeatedly named a “Super Lawyer” by Thomson Reuters, and one of the Top 100 Family Law Attorneys in Minnesota by the Society of Legal Advocates.

In addition to his work as a lawyer, Jason serves as a mediator, and court-appointed early neutral evaluator, in divorce and family law cases throughout Minnesota. He frequently writes and speaks concerning divorce and family law issues, including several invitations to present seminars for the Minnesota Judicial Branch in St. Paul.

Jason is the former chairperson of the Family Law Section of the Minnesota Trial Lawyer’s Association, and taught divorce and family law coursework within the paralegal program at North Hennepin Community College. He publishes the Minnesota Family Law Blog, which has been recognized as a “Top 25″ by the Minnesota State Bar Association.

Outside of the office, Jason enjoys playing the bass and electric guitar and spending time in the north woods of Wisconsin.


Areas of Practice
  • Divorce
  • Custody
  • Adoption
  • Restraining Orders
  • Prenuptial Agreements
  • Criminal Defense
  • Estate Planning
Notable Cases
  • Representation of Four Grandparents in Minnesota’s First Quad-Parenting Adoption
  • Representation of Client in Minnesota’s First Same-Sex Divorce
Bar Admissions
  • Minnesota State Bar, 2000
  • US District Court – District of Minnesota, 2002
Education
  • William Mitchell College of Law, 2000
  • Minnesota State University, Mankato, 1997
Joined Firm
  • 2003
Professional Associations & Activities
  • Minnesota State Bar Association
  • Presenter, Various CLE Courses
  • Monthly Columnist, Minnesota Lawyer Newspaper