In Minnesota, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (similar to a will), naming someone to take over as trustee after your death (called a "successor trustee").
Estate planning tools like revocable living trusts, payable-on-death designations, and joint ownership can help you avoid the probate process, which can be time-consuming and costly. Understanding these specific laws is essential for effective estate planning and smoothly navigating the probate process in Minnesota.
Overview of Small Estate Affidavit in MN Decedent's Information: Full name, date of death, and address at the time of death. Affiant's Information: Name and relationship to the decedent, along with their contact details. Asset Description: Detailed listing of the estate's assets, including their estimated values.
Heirs may not take your personal property until 30 days after your death. If your personal property exceeds $75,000 or you own real estate in your name alone, your estate must be probated.
Minnesota law does not set a specific timeline for settling an estate, but it generally should be done as "expeditiously and efficiently as is compatible with the best interests of the estate." Delays can result in additional expenses and even legal repercussions for the executor.
In Minnesota, if the estate is worth less than $75,000 at the time of death, it may not need to go through probate.
The non-probate assets that do not apply to the deceased person's debts are: Property with the right of survivorship. Insurance proceeds, such as life insurance. Annuities payable to an individual upon death.
Transfer on Death Deed. For real estate, a transfer on death deed (TODD) that is filed with the county while the owner is alive acts to change ownership of property once they pass without going through probate.
Probate and Vehicles in Minnesota In Minnesota, vehicles are considered part of an individual's probate estate if they are solely owned by the deceased person and were not transferred through other means, such as joint ownership or beneficiary designation.
Some kinds of property and assets do not need to be probated. These include property owned as joint tenants, jointly held bank accounts, payable-on-death accounts, life insurance proceeds to a specific beneficiary, and pension benefits with a designated beneficiary in the event you die.