Are there any exceptions to probate?

Yes, there are exceptions to probate in Minnesota. These exceptions include small estates that do not require the court or an executor to be involved in the process. The Minnesota Uniform Probate Code sets the threshold for these small estates to $75,000.Additionally, if all the property in the will is held jointly by those named in the will, then probate may be avoided. Another type of probate exception involves transfers or gifts made by the decedent prior to death. These gifts may go around probate, but, depending on the amount of the gift, may require a Gift Tax Return. Finally, certain types of property, such as property with a payable upon death beneficiary designation, individual retirement accounts, and life insurance proceeds are automatically transferred at death without probate involvement. In general, probate can be an expensive and time consuming process. However, exceptions to probate in Minnesota may save both time and money. It is important for individuals to understand the probate process, so they can make informed decisions on how to best manage their estates.

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