in minnesota a married couple. and one dieds everything is in both names and no will for either will there be probate or does it all go to spouse?

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in minnesota a married couple. and one dieds everything is in both names and no will for either will there be probate or does it all go to spouse?

like house is in both full names cars in both full names and one passes on it just goes to other named person right or is there probate over it?

Asked on June 17, 2009 under Estate Planning, Minnesota

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It doesn't sound as if probate is necessary, although the surviving spouse will want to get what are called letters of administration, so that the paperwork of changing all the titles can get done.  One example is the house.  By operation of law, once one spouse dies, a house that is in both parties' names as husband and wife immediately becomes the complete and individual property of the survivor -- but for a lot of reasons, there should be a regular written deed signed and filed, that shows how the title has changed.  For details, you should talk to an attorney in your area, because the procedures, and sometimes the substance of the law, differs from one state to another.  One place to find local counsel is our website, http://attorneypages.com


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