In many initial consultations with the heirs, children, and surviving spouses of a deceased person, people often have questions about whether probate is necessary and or how to transfer title to real property or the “homestead” from a deceased person’s name to that of the interested party.
Small estates in Minnesota probate
As I have discussed in previous posts on this topic, in many cases a probate estate will not be necessary. When an estate is valued at less than $50,000, Minnesota law provides that a probate will not be necessary.
Assets and other information may be transferred by a small estate affidavit. You have questions about this process you should contact Minnesota probate attorney.
The probate homestead in Minnesota
Even if the deceased person had assets which are valued at less than $50,000, they may still have had a home or other parcel of real property in their name. The law considers this an asset.
In most instances, the home will be worth more than $50,000. Furthermore, it is necessary to have a court approve the probate administration in order to transfer title properly from a deceased person to the name of the person’s heirs or the individual or individuals who were named in a person’s Will.
The Minnesota title standards and what are called the “white pages” provide an explanation as to why court approval is necessary when transferring title from a deceased person’s name to their heirs. It is very important that there are no “clouds on the title” of the real property going forward. As you might imagine, when a person passes away and the real property or home is in their name, the law does not want a county recorders office having deeds that are poorly drafted or do not transfer title properly to the person or persons who are entitled to the property.
Without court approval, the transfer of title process can become very messy in a hurry. This is because laypersons, who are not trained in the law, often make mistakes on how real property is transferred from one person to another. Furthermore, it is been my experience, as an estate planning and probate lawyer, that people are unclear as to what an estate means in terms of ownership. In essence, the estate still owns property even though a person may have passed-away. Title to real property does not automatically pass to children, surviving spouses, or heirs.
Minnesota attorneys and lawyers
If you have questions about the home, transfer of title to real property, or other Minnesota probate questions, contact Flanders Law Firm LLC at 612-424-0398.
