When Is Probate Required in Minnesota?

Real property cannot be transferred through this procedure in Minnesota — an estate that includes real estate uses a separate process. Real estate held in a trust, or otherwise titled to pass outside the probate estate, transfers without probate. A transfer-on-death deed recorded before death also passes real estate outside probate in Minnesota. A revocable living trust outlines alternatives to probate for real estate.

In Minnesota, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), real estate with a recorded transfer-on-death deed, and jointly owned property with right of survivorship. The trust vs. will comparison outlines how a trust helps bypass probate.

In Minnesota, simple estates typically take 4-6 months. Average estates take 6-9 months. Complex estates with disputes or unusual assets can take 9-18 months or longer. Estimate total costs with the Minnesota probate calculator.

Probate costs in Minnesota typically include attorney fees, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $26,108 depending on complexity. Use the Minnesota probate cost calculator for a detailed estimate.

Estates that exceed the $75,000 small estate limit but are valued at $150,000 or less may qualify for Summary Assignment or Distribution in Minnesota.Minn. Stat. § 524.3-1201Verified Sep 8, 2026

The most common ways to avoid probate in Minnesota include creating a revocable living trust, adding beneficiary designations to accounts, recording a transfer-on-death deed, and titling property as joint tenants with right of survivorship. The trust vs. will comparison compares the two approaches side by side.