Quick answer

Whether funds or property pass to someone automatically after a death in Minnesota depends on how the asset is titled. Assets held in true joint tenancy with right of survivorship or with a valid payable-on-death (POD) or transfer-on-death (TOD) designation usually pass directly to the surviving named party and avoid probate. Assets titled solely in the decedent’s name (or held as tenancy in common) generally go through probate and are distributed under Minnesota’s intestate succession rules (the Minnesota Probate Code). See Minnesota statutes on probate for details: Minn. Stat. Ch. 524 (Probate).

Detailed answer — how different types of ownership work

1. Joint bank accounts and joint tenancy bank accounts

If a bank account is held jointly with the right of survivorship, the surviving joint owner generally becomes the account’s sole owner immediately upon the other owner’s death. The bank will normally require a certified copy of the death certificate and identification from the surviving owner. The account typically does not go through probate.

Important: The words used on the account and the bank’s account agreement matter. Some accounts are joint for convenience only and may not carry legal survivorship. If the account truly has rights of survivorship, probate is usually not required.

2. Payable-on-Death (POD) and Transfer-on-Death (TOD) designations

POD (for bank accounts) and TOD (for certain securities or accounts where available) are beneficiary designations that direct an asset to a named beneficiary on death. If a valid beneficiary designation exists, that designation typically controls and the asset passes directly to the named beneficiary outside probate.

3. Real estate titled as joint tenancy with right of survivorship vs. tenancy in common

Real property titled as joint tenants with right of survivorship passes automatically to the surviving joint tenant(s). Real property titled as tenants in common does not automatically pass to co-owners; each owner’s share is part of their estate and is distributed under intestate rules if there is no will. Whether a deed creates joint tenancy with survivorship depends on the deed language and state conveyancing rules.

4. Property titled only in the decedent’s name (no beneficiary or survivorship)

Assets titled solely in the decedent’s name generally pass through probate. If the decedent left no valid will, Minnesota’s intestacy statutes govern who inherits. Probate establishes the decedent’s heirs and oversees distribution and payment of debts. For the governing statutes, see: Minn. Stat. Ch. 524 (Probate).

5. Minnesota intestate succession — the basics

When someone dies without a will (intestate), Minnesota law provides a priority order for who inherits. That order generally starts with the surviving spouse and children, then parents, siblings, and more remote relatives if none of the closer relatives survive. The exact distribution depends on which relatives survive the decedent and on whether community property or special rules apply. For the statutory framework, consult Minnesota’s probate statute chapter: Minn. Stat. Ch. 524.

6. Debts, creditors and estate administration

Even if assets pass outside probate (for example, by survivorship or POD), creditors may still make claims against the estate or against funds in accounts that were in the decedent’s name. Assets that pass through probate are used to pay valid debts and taxes before beneficiaries receive distributions.

Practical steps after a death

1. Obtain several certified copies of the death certificate from the funeral home or local registrar.
2. Contact banks and financial institutions where the decedent held accounts. Provide a death certificate and ask how the account is titled and whether a POD/TOD or survivorship applies.
3. If an account is frozen or the bank requests probate paperwork, contact the county probate court or a probate attorney to determine whether an informal probate, formal probate, or a small estate process applies.
4. Collect and preserve important documents: deeds, account statements, insurance policies, and beneficiary designations.
5. If real estate or sizable assets are involved, consider speaking with a Minnesota probate attorney for guidance about title, deeds, and intestate distribution rules.

When joint title can cause disputes

Joint titling can lead to disputes between surviving owners and heirs. Examples include questions whether the decedent intended survivorship, whether the joint title was added to avoid probate, or whether the addition was the result of undue influence. When family members disagree, the parties may need to resolve the matter in probate court.

Helpful hints

• Confirm account titling in writing. Ask banks to provide documentation showing whether an account is held with survivorship rights or merely as a convenience.
• Check beneficiary designations on life insurance, retirement accounts, and brokerage accounts—those designations override a will and pass outside probate.
• Keep a folder with all estate-related documents and passwords to online accounts; it speeds the process and reduces confusion.
• If the estate is small, ask the county probate court about simplified or small-estate procedures that may allow quicker transfer without full probate.
• When in doubt about title language or intestate distribution, consult a Minnesota probate attorney before transferring or closing accounts.
• Visit Minnesota Judicial Branch consumer pages about probate for basic court procedures: Minnesota Judicial Branch — Probate Help.