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Minnesota law allows people to establish living trusts to avoid probate for most every asset that you own. This includes real estate, vehicles, bank accounts, art collections, and more. In order to create a living trust, a trust document needs to be established. This is similar to a will.
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.
Trusts. One of the most popular ways to avoid probate is by having a revocable living trust as part of your estate plan.
Formal probate proceedings are commenced by filing a petition for formal probate with the court. The petitioner then must appear before a court at a hearing. Formal probate matters can be either supervised or unsupervised by the court.
One of the most common ways to avoid probate is to create a living trust. Through a living trust, the person writing the trust (grantor) must "fund the trust" by putting the assets they choose into it. The grantor retains control over the trust's property until their death or incapacitation.
If your personal property exceeds $75,000 or you own real estate in your name alone, your estate must be probated.
Non-Probate Assets bank or brokerage accounts that are held jointly or with a payable-on-death beneficiary designation to a surviving person; investment or retirement accounts or insurance policies that have a designated beneficiary other than the decedent that survives the decedent; or. property held in a trust.
The only way to get ?Letters? is to open a probate case with the court and be appointed as the personal representative of the decedent's estate.