Short answer

Generally no. Assets that pass automatically to a surviving owner by right of survivorship (for example, joint tenancy or tenancy by the entirety) usually pass outside probate in Minnesota and are not part of the decedent’s probate inventory. However, you should confirm titles, beneficiary designations, and local court requirements and consult an attorney if there is any dispute, creditor concern, or tax issue.

Detailed answer — what “right of survivorship” means and how it affects Minnesota probate

What types of assets pass by right of survivorship? Common examples are bank or brokerage accounts titled in joint tenancy with right of survivorship, real estate held as joint tenants or tenants by the entirety, and some jointly‑held investment accounts. These assets transfer automatically to the surviving co‑owner when one owner dies and normally do not become part of the probate estate.

What the probate inventory generally covers
The personal representative (executor/administrator) is required to identify and list assets that are part of the decedent’s probate estate — that is, assets owned solely by the decedent (no survivorship, no beneficiary designation, and not otherwise excluded by law). Minnesota probate law and court rules govern administration of the estate; Chapter 524 of the Minnesota Statutes is the primary statutory authority on probate procedure. See Minnesota Statutes, Chapter 524: https://www.revisor.mn.gov/statutes/cite/524 and the Minnesota Judicial Branch probate information: https://www.mncourts.gov/Help-Topics/Probate.aspx.

So should survivorship assets be listed on the inventory?
– If an asset truly passed by right of survivorship to your mother (surviving owner), it typically is not a probate asset and therefore is not required on the probate inventory as an estate asset. Example: a bank account titled “A and B, joint tenants with rights of survivorship” becomes B’s account at A’s death and normally is not part of A’s probate estate.
– If the asset’s title is ambiguous, if the joint owner had merely “convenience” access but not genuine survivorship interest, or if there are allegations of fraud, gift, or transfer to defeat creditors, courts may treat the asset differently. In those cases the asset might need to be disclosed and could be subject to the estate process.

When you should still mention survivorship assets to the court or personal representative
Even when survivorship assets are not listed as probate property, they can be relevant to administration or disputes. Examples:

• Creditor claims — creditors may attempt to reach transfers made shortly before death.
• Family allowance, homestead, or spousal/child claims — the size of nonprobate transfers can affect equitable rights or settlement negotiations.
• Estate tax or income tax issues — large nonprobate transfers could be relevant for filings even if not probate property.
• Accounting and transparency — courts sometimes require the personal representative to disclose known nonprobate transfers as part of a full accounting or to resolve disputes.
• Title problems — if the surviving joint owner is not recognized by a bank or title company, a small probate or an affidavit of survivorship may be needed to clear title.

Practical steps to take

1. Gather documentation: death certificate, deeds, account statements, original account or deed paperwork showing how title is held.
2. Confirm how each asset is titled: sole name, joint tenants with right of survivorship, tenants by entirety, pay‑on‑death (POD), transfer on death (TOD), or beneficiary designation.
3. File the required probate inventory for the assets that are actually in the probate estate. If you’re personal representative, follow local court rules and time limits (check court instructions or your attorney for deadlines).
4. Notify institutions: banks and title companies typically require a death certificate and may accept an affidavit of survivorship or permit the surviving owner to re‑title the asset outside probate.
5. If anything is unclear or contested, consult a probate attorney promptly. A conservative approach is to disclose questionable items to an attorney so you don’t unintentionally violate court rules or creditor rights.

Helpful hints

• Do not assume language on an account means survivorship; get the original account/deed or an institutional statement showing the right of survivorship.
• Keep copies of any beneficiary designations and joint account agreements — those documents often govern what happens at death.
• Remember POD/TOD and beneficiary‑designated retirement or life insurance proceeds pass outside probate but still require claims/filing with the plan or insurer.
• If a joint account was funded by one person only, consider whether a presumption of gift applies — that may change the legal analysis in disputes.
• When in doubt, disclose the asset to your probate attorney or to the court clerk; failing to disclose an asset later found to be part of the estate can lead to problems.

When to get legal help

Contact an attorney if any of the following apply: title is unclear; a creditor is asserting a claim; beneficiaries dispute ownership; there are large nonprobate transfers that affect estate planning or taxes; or you are unsure about the timing or content of the inventory and filings in your county court.

Resources
Minnesota Statutes, Chapter 524 (probate): https://www.revisor.mn.gov/statutes/cite/524
Minnesota Judicial Branch — probate guidance: https://www.mncourts.gov/Help-Topics/Probate.aspx

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. For advice specific to your situation, consult a licensed Minnesota attorney.