Probate is usually required when a loved one dies who has assets in their sole name. Assets that are in a form that pass automatically at death are non probate assets. Some people believe that a Will avoids this issue, but that is not correct. In fact, even if you have a Will, it will only be relevant for the distribution of assets if the decedent has probate assets.
The process is not usually that complicated or expensive. In many cases, it can be done on what is referred to as an “informal probate” process in which a “personal representative” is appointed informally and fully administers the estate with little or no Court involvement. Whether the process is necessary and/or whether it will be administered as an informal or formal depends on the facts at the time of the decedent’s demise. Therefore, if you have questions about the distribution of assets after the demise of a loved one, please call an experienced Minnesota probate attorney at Felix Law Office, P.A. at 952-894-8380.