One of the most common misconceptions people have is that, when a spouse dies leaving their estate to the surviving spouse, no probate is required.

If the spouse who passed away had title to real property held in their name alone or as a tenant in common, or they had assets with a value of more than $50,000.00 in their name alone, then that spouse’s estate will need to be probated in the State of Minnesota, just like any other estate.

Unless a couple takes steps to avoid probate, such as titling property into a revocable living trust, while both of them are living, upon the death of the first spouse, the surviving spouse will be required to go through the probate process, which in our experience typically takes six (6) months to one (1) year in Minnesota.

Contact Rochford & Langins, LLC attorney Peter Langins today at 507-534-3119 to ask questions about your unique situation.