Is probate required if the decedent owned joint property?

In Minnesota, probate is not required if the decedent (person who died) owned joint property, meaning the property was held jointly by two or more people. If one of the joint owners dies, the property usually passes directly to the surviving owners, without going through probate. Certain types of property, such as bank accounts, may require the completion of a form or transfer document in order to ensure that the surviving owner is the rightful beneficiary of the account. If the decedent owned a property in joint tenancy with the right of survivorship, the surviving owner(s) will own the property as tenants-in-common and probate will not be required. Likewise, if the decedent owned a property as a tenant-in-common, the surviving owners will own the property as tenants-in-common and probate will not be required. If the decedent owned a property held in a trust, probate may not be required. This is because the trust would usually provide for distribution to the beneficiaries, or the surviving joint owners, without going through probate court. In some cases, probate may be required even if the decedent owned joint property. For example, if the decedent owned a property through an estate or a will, the property would probably still need to go through probate court. This is because the court must determine the legal title of the decedent’s estate and distribute the assets according to the will. Because probate requirements can vary state-by-state and based on the type of property owned, it is important to consult an attorney knowledgeable in probate law in Minnesota to ensure that the decedent’s estate is properly settled.

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Is probate required if the decedent owned joint property?

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