Minneapolis, MN asked in Estate Planning and Probate for Minnesota

Q: If an estate is in a trust but worth over 2.1 million in WA is it required to go to probate? We are being told it is and

Are confused

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1 Lawyer Answer
Joshua Damberg
Joshua Damberg
Answered
  • Estate Planning Lawyer
  • Licensed in Minnesota

A: I'm unsure why this is posted in the Minnesota jurisdiction, but the answer should generally be "no". A Trust is a vehicle designed specifically to avoid probate, no matter where it is created or where the person who created it (called the Settlor or Trustor) passes away.

The issue MAY be that the Settlor/Trustor failed to properly title ownership of all of his or her assets into the Trust. Most estate planning attorneys that draft Trusts include a document called a Pour Over Will. This document would require a probate to transition assets from the decedent's name individually into their Trust following death.

An asset amount should not trigger a probate on its own if the Trust properly holds title to the assets comprising the $2.1 million you reference. It would best to seek the counsel of an attorney that practices in probate and trust administration matters in Washington.

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