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Probate is really the court process of retitling assets from one individual to another individual. So, for example, if a husband and wife own a house and both spouses are joint on the house, when one spouse passes you can pass that spouses interest using an affidavit and a death certificate. But when the second spouse passes, if the spouse has the home in his or her name, then there’s nobody really to step in and sign that deed to transfer that house, either to the children or to sell the house and then distribute the proceeds to the children. So the probate is the process of having the court appoint an individual, or a couple of individuals, to step into our shoes, access our assets, and carry out what our wishes are insofar as how we want our assets to be passed.
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Minneapolis Estate Planning Attorney, Jacqueline Schuh, explains what probate is.