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The will must be in writing; The will must be signed by you, by another person at your direction and in your presence, or by your conservator pursuant to a court order; The will must be witnessed by at least two people, both of whom must also sign the will; and. You must intend for the document to operate as a will.
If your personal property exceeds $75,000 or you own real estate in your name alone, your estate must be probated.
Trusts. One of the most popular ways to avoid probate is by having a revocable living trust as part of your estate plan.
Probate is the legal process of transferring a person's assets and paying their final bills after they die. If a person owns Minnesota real property in solely their own name or is a Minnesota resident with more than $75,000 in personal property, their estate will be subject to Minnesota probate laws.
You may not need probate if there are no assets, or you are a joint owner of the assets. 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.
After the informal probate has been fully administered, the personal representative should file an "Unsupervised Personal Representative's Statement to Close Estate" with the Probate Court. No other forms need to be filed with the Probate Court to informally close administration.
There's no easy way to say how long Minnesota probate should take, but one year is a good rule of thumb. An estate that includes a clear will and beneficiaries who can get along may take less than a year whereas one that involves taxes, challenges, multiple attorneys, or other complications can drag on much longer.
In Minnesota, probate can take on average 12-18 months and can cost as much as an average of 2 to 3 percent of the estate value. In Minnesota, if a decedent has less than $75,000 of assets and no real estate, they may bypass the probate process. If a trust is involved, there will be a trustee or trustees.