My Last Will (Minnesota probate)The Minnesota probate system

is a legal system whereby a person’s estate is administered through the court system. Probate happens when the person dies with or without a will. The estate only needs to be probated if the assets are worth more than $50,000.

If a person died without a will,

then Minnesota law will determine the distribution. The state-sponsored legislative plan for disposing of assets if you do not have a will or revocable living trust in Minnesota:

  1. if you do not have a spouse or children or grandchildren, but your parents are still alive, your parents will inherit everything;
  2. if you do not have a spouse or children or grandchildren and your parents have already passed away as well, your siblings will inherit everything;
  3. if you have children but no spouse, your children or grandchildren will inherit everything equally;
  4. if you are married but have no children or grandchildren, your spouse will inherit everything;
  5. if you are married and have children with that spouse and no other children or grandchildren from others, your spouse inherits everything;
  6. if you are married and have children or grandchildren with your spouse and you or your spouse has children or grandchildren from a different relationship, your surviving spouse receives the first $225,000 and then 50% of whatever assets you have in excess of that and your children inherit everything else equally;
  7. if you do not have a living spouse, children, grandchildren, parents, or siblings, the law will try to dispose of the assets to cousins and nephews and nieces.

Revocable Living Trusts are not subject to probate in MinnesotaSome assets won’t be probated. For example,

  • assets titled in the name of a revocable living trust,
  • property held in joint tenancy,
  • property with transfer on death directions,
  • beneficiary designations on financial products, i.e. life insurance, annuities, retirement plans.

The probate process ends when the entire state has been divided.