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Understanding Probate and Non-Probate Assets in Estate Management

Understanding Probate and Non-Probate Assets

Understanding Probate and Non-Probate Assets in Estate Management

January 20, 2024

By Johnson/Turner Legal

Understanding Probate and Non-Probate Assets in Estate Management

January 20, 2024

By Johnson/Turner Legal

Understanding Probate and Non-Probate Assets in Estate Management

Demystifying Probate: The Legal Process of Estate Settlement

Probate might sound complex, but it’s simply the legal procedure for settling a deceased person’s debts and distributing their estate assets. The personal representative of the estate plays a crucial role in this process. They are responsible for paying off the decedent’s debts in the right order and ensuring proper identification and collection of the estate’s assets. However, not all assets owned by the decedent go through probate.

Non-Probate Assets: Automatic Transfer Upon Death

Non-probate assets are those that transfer directly upon the owner’s death and don’t need court intervention for this transfer. Common examples include life insurance proceeds, property held in joint tenancy, trust assets, accounts with payable-on-death designations, and retirement plans with beneficiary designations. Unlike probate assets, these don’t require collection and distribution by the personal representative.

Handling Probate Assets

The personal representative’s duty involves gathering probate assets, which typically consist of personal property, tenant-in-common owned property, or assets naming the estate as the beneficiary. They use these assets to pay off the estate’s debts, such as medical bills, funeral expenses, and legal fees. Minnesota law dictates the order of priority for paying these debts.

The Separation of Non-Probate Assets from Estate Debts

A crucial point to understand is that non-probate assets are not accessible for paying the estate’s debts. These assets automatically pass to their new owners upon the decedent’s death. They are not part of the estate and are thus beyond the reach of the estate’s creditors.

Navigating Probate and Non-Probate Assets with Expert Legal Guidance

The process of managing debts and understanding the flow of property through probate can be complex. Our firm offers extensive experience in guiding clients through these aspects of estate management. If you need assistance or have questions about your case, contact us at (320) 299-4249 to discuss how we can support you in navigating these processes.

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