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Is probate court necessary when your parent dies?

On Behalf of | May 11, 2022 | Probate

Losing a parent is one of the hardest experiences a person will have, but it is a nearly universal experience, especially as people enter middle age. Even if your parent lived a long and full life, you would still grieve them when you can no longer reach out to them for advice or a friendly conversation.

For many people processing the loss of a parent in Minnesota, frustration and inconvenience will quickly overshadow their personal grief. The obligation to go through probate court when a loved one dies can make life much more difficult for the entire family.

Do some people have the option of avoiding full probate proceedings after a parent dies in Minnesota?

Smaller estates qualify for streamlined probate proceedings

Bigger Estates and those that include real estate owned solely by the deceased person must pass through full probate proceedings with the careful overview of a probate judge. The financial cutoff for estates that do not involve real estate holdings is $75,000.

If your loved one’s estate has a total value of under $75,000 and they do not have real estate in their name, then you may not have to endure the sometimes lengthy and frustrating probate process. You can file paperwork for a much faster alternative process.

If your loved one owned real estate but was not the only owner, or if they moved the property into a trust, then their estate may still qualify under this rule. Otherwise, full probate proceedings may be necessary.

Understanding the rules that govern estate administration and probate in Minnesota can help you understand what steps to take when a family member dies.