What assets need to go through probate?

My dad has passed away on the 2nd. He did not have a Will or anything and my mom is trying to handle everything. My dad received a life insurance check from his mother’s death a couple days before he passed. However, it is not valid until the 3rd. Can my mom deposit the check or does she need to go through probate to handle everything?

Asked on January 29, 2013 under Estate Planning, Minnesota


Matthew Majeski / Majeski Law, LLC

Answered 7 years ago | Contributor

Generally anything has to go through probate that was either disposed in a will or had no other transfer designation on it.  I agree with counsel.  I would want to know more facts including what you mean by "not valid".  There are also special rules when spouses are involved that you will want to check against. 

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 7 years ago | Contributor

Hello. I am sorry for your loss and admire that you seek to help your mother.  In order to respond properly, I would need to know more about the details of the situation.  I recommend that you have your mother (or you, if your mother wants you to address matters) privately confer with an attorney just as soon as possible.  If I myself was assisting, I would have many questions to ask, to gather full details of the situation in the aim of effectively (including cost-effectively) assisting the family at this time. I suggest that your mother (or you) phone several attorneys in choosing one attorney to help you, because it is so very important that you feel a sense of great trust and comfort in the attorney-client relationship, particularly during this difficult time for the family.  All the best.

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