When Is Probate Required in Minnesota?

Real estate in Minnesota generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). 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), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. 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.Minn. Stat. § 524.3-1201 (small estate $75,000 / 30-day wait / personal property only), § 524.3-803 & § 524.3-801 (4-mo creditor claims; publication once weekly for two weeks), § 524.3-603 (bond), § 524.3-719 (executor compensation), § 524.3-720 (attorney fees), § 524.3-301 (informal probate), § 357.021 subd. 2(1) ($310 filing fee)Verified Jun 11, 2026 Estimate total costs with the Minnesota probate calculator.

Probate costs in Minnesota typically include attorney fees, executor fees, court filing fees, and publication costs. Total costs generally range from 3-8% of the estate value depending on complexity. Use the Minnesota probate cost calculator for a detailed estimate.

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