{"id":2799,"date":"2013-04-22T14:06:45","date_gmt":"2013-04-22T20:06:45","guid":{"rendered":"http:\/\/bgs.com\/?p=2799"},"modified":"2013-04-22T14:06:45","modified_gmt":"2013-04-22T20:06:45","slug":"how-does-probate-work-in-minnesota","status":"publish","type":"post","link":"https:\/\/www.bgs.com\/blog\/2013\/04\/22\/how-does-probate-work-in-minnesota\/","title":{"rendered":"How Does Probate Work in Minnesota?"},"content":{"rendered":"

Probate in Minnesota may seem a little mysterious, but it\u2019s actually relatively straightforward. Here\u2019s what you need to know.
\nFirst, probate is just the process of settling the estate when you die. Popular fiction and television have often characterized it as a court\u2019s attempt to make sure the state keeps as much of your property as possible, but that\u2019s not actually what happens.
\nIn fact, probate can be as simple or as complicated as your documentation and your heirs make it.
\nThe first step is to determine what does and does not need to go through probate. Property that you already own with another person doesn\u2019t go through probate, for example.
\nIf you and your spouse have a joint bank account and both of your names are on that bank account then the account probably won\u2019t go through probate. Ownership of it and everything in it will simply pass to your spouse. Homes and businesses may transfer in the same way. However, an attorney may still need to oversee a title transfer that does need to be handled correctly.
\nProperty with living named beneficiaries also doesn\u2019t go through probate. Retirement plans, annuities, and life insurance policies usually all have named beneficiaries who would simply receive the property.
\nEstates worth $50,000 or less also do not go through the probate process.
\nSo what does go through probate? Property that was only in the deceased\u2019s name, assets who named \u201cthe estate\u201d as the beneficiary, personal property with no title and assets who have named a deceased beneficiary will all need to go through the probate process.
\nProbate begins with an application or petition to probate. At this point, there will either be an informal process or a formal process.
\nIf you had a clear will written by an attorney and nobody in your family is contesting that will then the process can generally be informal. This means that the court will let your personal representative distribute the property and pay the debts without court oversight.
\nThings get sticky when there are problems with the will or when the relatives start challenging it. This scenario requires a formal probate hearing. These hearings could indeed drag on for years at a time if families continue to fight over the estate.
\nIf you want the probate process to be as simple as possible for your family then the best thing you can do is consult an estate attorney<\/a> who is experienced in the estate planning process. If you are here in the Minneapolis area, please consider us<\/a>! We have over 35 years of experience and we have handled estates of all shapes and sizes. Call us today.<\/p>\n","protected":false},"excerpt":{"rendered":"

Probate in Minnesota may seem a little mysterious, but it\u2019s actually relatively straightforward. Here\u2019s what you need to know. First, probate is just the process of settling the estate when you die. Popular fiction and television have often characterized it as a court\u2019s attempt to make sure the state keeps as much of your property as possible, but that\u2019s not actually what happens. In fact, probate can be as simple or as complicated as your documentation and your heirs make it. The first step is to determine what does and does not need to go through probate. Property that you already own with another person doesn\u2019t go through probate, for example. If you and your spouse have a joint bank account and both of your names are on that bank account then the account probably won\u2019t go through probate. Ownership of it and everything in it will simply pass to your spouse. Homes and businesses may transfer in the same way. However, an attorney may still need to oversee a title transfer that does need to be handled correctly. Property with living named beneficiaries also doesn\u2019t go through probate. Retirement plans, annuities, and life insurance policies usually all have named beneficiaries who would simply receive the property. Estates worth $50,000 or less also…<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[18],"tags":[],"coauthors":[],"yoast_head":"\nHow Does Probate Work in Minnesota? - Barna, Guzy & Steffen, LTD.<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.bgs.com\/blog\/2013\/04\/22\/how-does-probate-work-in-minnesota\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"How Does Probate Work in Minnesota? - Barna, Guzy & Steffen, LTD.\" \/>\n<meta property=\"og:description\" content=\"Probate in Minnesota may seem a little mysterious, but it\u2019s actually relatively straightforward. Here\u2019s what you need to know. First, probate is just the process of settling the estate when you die. Popular fiction and television have often characterized it as a court\u2019s attempt to make sure the state keeps as much of your property as possible, but that\u2019s not actually what happens. In fact, probate can be as simple or as complicated as your documentation and your heirs make it. The first step is to determine what does and does not need to go through probate. Property that you already own with another person doesn\u2019t go through probate, for example. If you and your spouse have a joint bank account and both of your names are on that bank account then the account probably won\u2019t go through probate. Ownership of it and everything in it will simply pass to your spouse. Homes and businesses may transfer in the same way. However, an attorney may still need to oversee a title transfer that does need to be handled correctly. Property with living named beneficiaries also doesn\u2019t go through probate. Retirement plans, annuities, and life insurance policies usually all have named beneficiaries who would simply receive the property. Estates worth $50,000 or less also...\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.bgs.com\/blog\/2013\/04\/22\/how-does-probate-work-in-minnesota\/\" \/>\n<meta property=\"og:site_name\" content=\"Barna, Guzy & Steffen, LTD.\" \/>\n<meta property=\"article:published_time\" content=\"2013-04-22T20:06:45+00:00\" \/>\n<meta name=\"author\" content=\"William F. Huefner\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"William F. 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