Underlying the complex of emotions and the rush of arrangements triggered by the death of a loved one, the probate process exists in state law to transfer ownership of the decedent’s property. This includes validating the decedent’s will if one is found, resolving claims by creditors against the decedent’s estate, filing tax returns as required, and distributing assets either according to the will or Minnesota statutes.

Some assets are not included in the decedent's probate estate -- common examples are assets the decedent owned jointly; accounts that are subject to provisions such as “POD” (“Pay on Death”), "TOD" (“Transfer on Death”) or “In Trust For”; life insurance policies; annuities; retirement benefits with beneficiary designations other than the decedent’s estate or "Personal Representative" or "Executor"; and property titled in the name of the trustee of a trust created by the decedent.

Minnesota law allows a surviving spouse to elect to “take against the will”, or to receive a statutory share of the decedent’s estate, rather than receiving property according to the terms of the will. A child unintentionally omitted from the will, and a minor child entitled to support from the decedent, will also have statutory claims under certain circumstances.

If the decedent's estate is valued at $20,000 or less and does not include real estate, the person entitled to an asset can usually obtain it by furnishing an affidavit in compliance with the applicable statute. There are other expedited procedures for estates consisting entirely of assets subject to statutory allowances.

The probate statutes permit administration of an estate with different levels of probate court involvement and supervision, depending on the complexity of the estate and particular facts and circumstances. While it is possible to shepherd a simple estate through probate without legal representation, knowledgeable legal advice can make the task much less stressful and time-consuming.