When a loved one passes away, the word “probate” often causes anxiety. Many people in Minnesota misunderstand what probate is and how it actually works. As a result, families may make costly or unnecessary decisions during a difficult time.
At Markve & Zweifel, we want to clear up the confusion.
Let’s debunk five of the most common myths about Minnesota probate.
Myth #1: Probate Always Takes Years
❌ Not necessarily.
While some probate cases are complex and take longer, most are resolved in 6 to 12 months. Minnesota offers an informal probate process that is streamlined and often doesn’t require court hearings. When family members cooperate and paperwork is in order, the process moves much faster than many expect.
✅ The truth: Most Minnesota probate cases are completed in under a year with minimal court involvement.
Myth #2: Having a Will Means You Can Skip Probate
❌ This is a common misconception.
A will does not avoid probate. Instead, it provides instructions for the court to follow during the probate process. The court still needs to validate the will, appoint a personal representative, and supervise the distribution of assets.
✅ The reality: Tools like living trusts, Payable on Death (POD) accounts, and joint ownership are necessary to avoid probate entirely.
Myth #3: Probate Costs Will Eat Up the Entire Estate
❌ Not true for most estates.
Probate costs in Minnesota are generally modest. They include court filing fees, publication fees, legal fees, and possibly a personal representative fee. These typically add up to less than 5% of the estate’s value—often much less.
✅ The good news: With proper planning and legal guidance, probate expenses can be kept to a minimum.
Myth #4: All Estates Must Go Through Probate
❌ Not always.
Many smaller estates in Minnesota can bypass formal probate altogether. If the estate’s total value is less than $75,000 and does not include real estate, heirs can often use a simple affidavit to claim the assets.
✅ The takeaway: Not every estate requires probate. A probate attorney can help you determine the right path based on the situation.
Myth #5: Probate Is Always a Court Battle
❌ Not in most cases.
Thanks to Minnesota’s informal probate process, many estates are settled without a court appearance. In fact, the entire process can often be handled through paperwork and communication with the probate registrar via mail. Imagine being able to settle an estate from your kitchen table!
✅ Reality: Unless there’s a dispute, probate is often quick, private, and free of drama.
Conclusion: Probate Doesn’t Have to Be Overwhelming
Minnesota’s probate system is designed to protect families and ensure a smooth transfer of assets. Probate can also be limited with advanced planning before any death occurs. Whether you’re planning your estate or administering a loved one’s, understanding how probate really works can save you stress, time, and money.
Need Help with Probate in Minnesota?
We’re here to guide you.
➡️ Schedule a consultation here
📞 Call us at 763-450-1639
🖱️ Read more about our probate assistance here
