Probate can feel like a daunting or scary word, but at its core, it’s simply the legal process of transferring ownership of a deceased person’s property, paying their debts, and making sure everything is wrapped up properly. In Minnesota, probate isn’t always required—but when it is, it’s an important step to ensure assets are legally and fairly distributed. Knowing when probate is required can help families prepare ahead of time and avoid unnecessary stress during an already difficult season. Below are common situations where probate is necessary under Minnesota law.
One of the main triggers for probate in Minnesota is the overall value of the estate that does not transfer by beneficiary designations, joint ownership or other probate avoidance tool. If the total probate assets are worth more than $75,000, probate is typically required. “Probate assets” generally include property solely owned by the deceased without a co-owner or named beneficiary. These may include bank accounts or investments held in the deceased’s name only, and real estate not held in joint tenancy or a trust. If the assets in question are valued under $75,000 and do not include real estate, heirs may use a simplified procedure called an affidavit for collection of personal property, sometimes referred to as a small estate affidavit, instead of going through probate in court.
Probate is generally necessary if the deceased owned real estate in their own name in Minnesota that was not held jointly or placed in a trust. Even if the real estate is modest and the estate’s total value is under $75,000, a court still will likely be involved to legally transfer the title. This is because real estate cannot just “pass down” informally—it requires official legal authorization to change ownership. Without probate, heirs and beneficiaries cannot properly sell, transfer, or refinance real estate.
Some assets, such as life insurance policies, retirement accounts, or payable-on-death (POD) bank accounts, can bypass probate entirely—as long as a beneficiary is clearly named and still living. However, if no beneficiary was named, or if the named beneficiary has already passed away, then those assets may fall back into the estate and require probate before they can be distributed. This is why regularly reviewing and updating beneficiary designations is so important. A forgotten form from years ago can create unnecessary delays and force an otherwise simple transfer into probate court.
Probate can also become necessary when there are disagreements about the estate. Common issues include disputes over the validity of a will, conflicts between beneficiaries about who should receive what, and questions about whether the will was created under undue influence or fraud. In these cases, the court oversees the probate process to ascertain the validity of the will and that the distribution of assets complies with Minnesota law. While conflict is never ideal, probate may provide a structured legal process to resolve disputes fairly.
Minnesota law allows a quicker, less formal option for small estates: the affidavit for collection of personal property. This process works if the estate is worth less than $75,000 and doesn’t include real estate. It avoids the need for court involvement and helps families access funds more quickly. However, if the estate is larger, involves real estate, or includes assets that require special handling, then probate may be required.
While probate is sometimes necessary, many families prefer to minimize it where possible. Creating a thorough estate plan—including the use of trusts, updated beneficiary designations, and joint ownership arrangements—can help reduce the need for probate or make the process much smoother. Every family’s situation is unique. Some estates can avoid probate entirely, while others require a more involved legal process. Speaking with an experienced Minnesota probate and estate planning attorney is the best way to understand what applies in your specific circumstances.
If you’ve lost a loved one and aren’t sure whether probate is required, or if you’re planning ahead and want to make things easier for your family, contact Guttman Law, PLLC for help. Contact us today to schedule a consultation.