If you recently lost a loved one, and you are in charge of administering the estate that was left behind, you are likely feeling a bit intimidated by the prospect of dealing with the legal system. While it is always best to consult with an experienced probate attorney before doing anything, you should learn what you can about the Minnesota probate process as well. Minnesota, like most states, offers an alternative to probate for small estates. To help you decide if the estate you are administering qualifies, the Grand Forks probate attorney at Thompson Law explain the Minnesota small estate probate process.
What Is Probate?
When a person dies, they leave behind an estate that consists of all the assets and property they owned at the time of death. Typically, this includes things like a home, bank accounts, business assets, vehicles, and personal property. Those assets need to be transferred to the beneficiaries (if the decedent left a Will or trust) and/or to the legal heirs (if the decedent died intestate) of the decedent. If the decedent did leave behind a Last Will and Testament, and someone wants to challenge the validity of that Will, the law allows them to do so. Finally, most decedents also leave behind debts and creditors need an opportunity to file claims against the estate. All of this occurs during the legal process known as “probate.”
Why Do I Want to Avoid Formal Probate?
When there is a Will, the person named as the Executor in that Will is who the decedent wanted to handle the administration of the estate. If the decedent died intestate (without a Will), a spouse, adult child, or another competent adult usually steps up and volunteers to be the Personal Representative and oversees the probate of the estate. Although many estates are required to go through formal probate, it is beneficial to avoid formal probate when possible because formal probate can be a costly and time-consuming process.
During formal probate, creditors in Minnesota have up to four months from the date of publication to file claims against the estate. Those claims must then be reviewed and paid if approved. Consequently, even a relatively modest estate that does not become embroiled in litigation will take a minimum of six months to make it through formal probate. Often, formal probate can drag out for over a year. Moreover, because everyone involved in the process (accountants, attorneys, appraisers, Executor) are entitled to a fee, formal probate can be expensive. Therefore, avoiding formal probate is advisable when possible.
How Does an Estate Qualify for Small Estate Probate in Minnesota?
Fortunately, Minnesota does offer an alternative to formal probate if the estate qualifies. Estate assets may be eligible to be transferred to heirs using an “Affidavit for Collection of Personal Property” in Minnesota is the following conditions are met:
- The person wishing to transfer the property is a blood relative to the decedent or has a legal interest in the decedent’s property.
- The value of all the decedent’s property, minus the value of liens and encumbrances on the property, is not greater than $75,000 (as of 2024).
- The decedent was the sole legal owner of the property.
- The estate does not contain real property (land or houses).
- At least 30 days have passed since the decedent’s death.
- You are a beneficiary under the decedent’s Will, or you are a legal heir of the estate.
If the estate qualifies, a beneficiary or heir can use the Affidavit for Collection of Personal Property by simply filling out the affidavit and presenting it to the person holding the property. In the case of a vehicle, the affidavit and a certified death certificate should be presented to the motor vehicle division to transfer the title.
Contact Our Fargo Probate Attorneys
Please view one of our On-Demand webinars for a free consultation. If you have additional questions or concerns about the Minnesota small estate probate process, contact the Grand Forks probate attorney at Thompson Law by calling 605-362-9100 to schedule an appointment.
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