Even with a valid will, you may still need probate in Minnesota. What matters is how your parent owned their assets and how much those assets were worth at the time of death and not just whether a will exists.
Why a will doesn’t skip probate
You must go through probate if your parent owned real estate in their name alone or as a tenant in common. You must also go through probate if your parent owned personal property in their name alone worth more than $75,000. The court handles probate to authorize transfers, confirm debts and taxes and make sure the right people receive property.
What the court does with the will
During probate, the court uses the will to guide each step of the process. The court:
- Validates the will: Confirms it is the decedent’s last testament.
- Appoints a personal representative: Gives legal authority to manage the estate.
- Oversees administration: Tracks assets, debts, taxes and any disputes.
- Authorizes distribution: Ensures property transfers follow the will.
These actions give heirs certainty and protect the executor from legal risk.
When probate may not be needed
You may skip probate if the estate qualifies as small. In some cases, you can use an Affidavit for Collection of Personal Property instead of full probate. You can use this option if the decedent owned no real estate, probate assets total $75,000 or less, at least 30 days have passed since death, and the court has not appointed a personal representative. Whether you need probate depends on the types of assets owned, not just on having a will.
Non-probate assets to check
Before filing for probate, check which assets transfer automatically and which need court involvement. Some assets avoid probate because they already name a new owner or beneficiary:
- Jointly owned property: Property held in joint tenancy with right of survivorship.
- Accounts with beneficiaries: Bank or investment accounts with POD (Payable on Death) or TOD (Transfer on Death) designations.
- Trust assets: Property titled in a living trust.
Confirm how each asset is titled and whether the beneficiary designations are current. Doing this can help you avoid unnecessary probate filings.
What you can do next
Even simple estates involve deadlines, legal notices and financial reports. A probate attorney can review the estate, determine if probate is required, file court documents and guide the executor through debt payment and asset distribution.