The Probate Process: A Clear Guide for Families Facing Loss

Losing a loved one is hard enough—navigating the legal aftermath shouldn’t make it harder.

That’s why we created this guide: to help Minnesota families understand the probate process, know what to expect, and take confident steps forward.

Firstly, the term probate refers to the legal process of settling a person’s estate after they pass away. This includes validating a will, paying off debts, and distributing assets to heirs…. but it can’t be done by just anyone. In order for a family member to have authority over handling a loved one’s assets, they must be appointed the personal representative (PR) of the estate by the court.

Whether you’re a PR handling an estate, or a grieving family member wondering what comes next, you’re not alone. Johnson/Turner is here to guide you through it—step by step, without overwhelming jargon, surprise bills, or unnecessary court battles.

When Does Probate Apply?

If the person who passed away (the “decedent”) owned assets in their name only—with no designated beneficiaries—those assets must go through probate.

However, not all assets are probate assets:

Non-probate assets include things like life insurance with a named beneficiary, jointly owned property, or accounts with a TOD (Transfer on Death) or POD (Payable on Death) designation.
Probate assets are anything owned solely by the decedent, and they must be divided through the court—either formally or informally.

Types of Probate in Minnesota

There are two kinds of probate in Minnesota, explains Tara Jacobs, a senior paralegal at J/T with years of experience in the field.

Informal Probate:
This is the most common probate process, which is used when there’s no conflict among heirs and no minor children involved. It typically doesn’t require going before a judge and can be less expensive and time consuming.
Formal Probate:
Required when there are disputes, complex assets, or minor children. This process is court-supervised and involves more hearings and documentation.

Quick Tip: You can open an estate formally and still close it informally—but Tara notes that in some counties if there are legal complications or property disputes, you may need a formal process start to finish.

First Steps After a Loved One Passes

We recommend calling your legal team early—ideally Johnson/Turner. As attorney Michael Metherd puts it: “An ounce of prevention is worth a pound of cure.”

Your attorney will help:

Identify and notify interested parties
Determine what assets are probate vs. non-probate
Draft and file the necessary court documents
Guide you through timelines, taxes, and title transfers

How Long Does Probate Take in Minnesota?

The real answer? It completely varies. Michael highlights a few things that may impact the process length:

Family conflict
Unclear or contested wills
Missing paperwork
Estate or income taxes
Lack of planning

Having a solid estate plan (including a will or trust) can streamline the process and reduce court time—but it doesn’t automatically avoid probate.

Common Surprises During Probate

Probate isn’t just about paperwork. It’s about people—often in the midst of grief, stress, and uncertainty.

Here are common challenges we see:

Entitlement issues: Heirs may expect more than what’s actually written in the will.
Misunderstanding timelines: Many assume inheritance is immediate, but legal deadlines and asset clearance take time.
Executor burnout: Being a PR is like a part-time job with legal duties—filing tax forms, tracking deadlines, and dealing with creditors.

“You’re doing the work on your own, truly” says Tara Jacob, “We are just guiding you through it.”

Before a Death Occurs:

Create an estate plan (will, trust, powers of attorney)
Designate beneficiaries on accounts and insurance
Communicate clearly with your family
Work with an attorney to set up protections

After a Death Occurs:

Stay patient and avoid acting on assumptions
Don’t touch the decedent’s accounts or assets prematurely
Seek legal guidance right away

Are There Alternatives to Probate?

Yes. If the estate is small or well-planned, families can often settle matters without court involvement. This depends on good documentation, beneficiary designations, and family cooperation.

Informal probate and tools like transfer-on-death deeds can help families avoid costly formal court proceedings—but only if things are in order ahead of time.