Why Probate?

Minnesota Probate Law

Why probate? The main purpose of probate is to transfer ownership of property from the person who owned it, but has died (the decedent), to his or her heirs and beneficiaries. If there is no property to transfer, there is usually no need for probate.

Probate also allows any taxes and debts that are owed by the decedent to be paid, and it sets a deadline for creditors to file claims (this prevents old or unpaid creditors from haunting the decedent’s heirs or beneficiaries) and for the distribution of the remainder of the decedent’s property to the rightful heirs.

If the decedent’s property included land in another state, the laws of the other state govern who inherits it unless there is a will. If there is a will, after it is admitted to probate in the home state of the property, it usually must be submitted to probate in the other state. This other probate procedure is formally referred to as “ancillary probate.” If there is no will, probate is usually required in each state where the property is situated, in addition to the home state. Contact us to learn more about Minnesota Probate Law.

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