Probate: Take care of yourself. We’ll take care of the rest.
After the death of someone you care about, it can be difficult to think in financial terms and dividing personal property. However, one of our probate lawyers can ease the burden and help determine the appropriate process to go about distributing the property after a loved one passes. Our probate attorneys represent people who need help navigating the sometimes complicated and confusing process of determining how to distribute a person’s assets after death.
In Minnesota, a legal proceeding is almost always required.
Distributing a person’s assets after death requires more than just giving away personal property. To divide the property of a person after they pass away, our Minnesota court system often requires a legal proceeding to be filed in order to settle a deceased person’s property or estate.
DEFINITION: Probate is the process of officially proving authenticity and validity of a will. Probate court ensures that a deceased person’s assets are fully accounted for, any outstanding debts are paid and appropriate distribution of any remaining assets to the people who are entitled to that property by law are carried out.
Clearing up a common probate misconception.
Q: If a deceased person has a will, is probate court necessary?
A: Probate is necessary if a person dies and owns real estate, or has died with assets in solely his or her name totaling $50,000 or more, or when a person passes away with a combination of property and assets solely in his or her name. Whether that person had a will does not determine whether probate is necessary.