If you own real estate in Minnesota with one or more co-owners and some co-owners have died, you may need to update the county land records so title clearly reflects the surviving owner(s). Below is a practical, step-by-step FAQ-style guide that explains how survivorship (joint tenancy) normally works, how to confirm whether title passed automatically, what documents counties typically accept to update the record, and what to do if title did not pass by survivorship.
Detailed Answer — How to re-record or update joint survivorship title in Minnesota
1. First, identify the form of ownership recorded on the deed
Look at the recorded deed for language such as “joint tenants with right of survivorship,” “as joint tenants,” or similar phrasing. That language usually means the surviving owner(s) automatically take full title when a co-owner dies. If the deed instead says “tenants in common,” the deceased owner’s share may pass under their will or by intestacy and may require probate.
2. Obtain certified copies of the death certificate(s)
Get an official (certified) death certificate for each co-owner who died. Counties require a certified copy (not a photocopy) to prove the death when you record documents to update title.
3. Prepare the document counties typically accept to clear title
Most Minnesota county recorder offices will accept one of these documents to update the land records when a joint tenant has died:
- An “Affidavit of Survivorship” (sometimes called “Affidavit of Surviving Joint Tenant” or “Affidavit of Death of Joint Tenant”) signed and notarized by the surviving joint tenant(s), attaching a certified death certificate.
- A new deed executed by the surviving owner(s) — for example, a quitclaim or warranty deed from the surviving joint tenant(s) to the surviving owner(s) only — to create a clean chain of title.
The affidavit is usually the simplest method when the intent and facts are clear. A new deed is often used when the survivors want to change the way title is held (for example, removing a deceased co-owner’s name and changing to an individual or to different joint owners).
4. Make sure the affidavit or new deed contains required elements
- Legal description of the property (use the same wording as the recorded deed).
- Name of the deceased owner(s) exactly as they appear on the recorded deed.
- Name(s) of the surviving owner(s).
- Reference to the recording information for the original deed (book/page or document number) so the county can link the affidavit to the right record.
- Signature(s) of the surviving owner(s) acknowledged before a notary public; most recorders require notarization.
- Attachment of the certified death certificate(s).
5. Record the affidavit or deed at the county recorder (or registrar of titles)
Record the affidavit or new deed in the county where the property is located. County recording offices have slightly different filing rules and fees, so check the local recorder’s website or call them for specific instructions (e.g., cover sheet, number of copies, recording fee). Recording the affidavit or deed updates the public record and clears the chain of title for future buyers or lenders.
6. Notify other parties and update related records
- Tell any mortgage lender or servicer about the death — the loan remains tied to the property unless paid or modified.
- Contact the county assessor or property tax office to update ownership for tax billing.
- Inform your title insurance company if you have title insurance; they can advise whether additional steps are needed to maintain coverage.
7. What if the deed does NOT create survivorship or the language is ambiguous?
If the deed does not contain survivorship language (e.g., it says “tenants in common” or contains ambiguous wording), the deceased co-owner’s share usually passes through probate per the will or Minnesota’s intestacy statutes. In that case:
- A personal representative (executor/administrator) may need to be appointed through probate to transfer title.
- Probate in Minnesota is governed by the state probate statutes; see Minnesota’s probate provisions for details: Minn. Stat. Ch. 524 (Probate).
8. What if there is a dispute or missing documents?
If co-owners, heirs, or lenders dispute who owns the property, or if you cannot find the recorded deed or heirs, you may need a quiet-title action or a probate proceeding to resolve ownership. Courts can clear clouds on title, but litigation can be costly and time consuming.
9. Consider whether a new estate planning deed makes sense
If you want to change how the property transfers in the future, the surviving owner(s) can execute a new deed or use estate planning tools to name beneficiaries (such as a transfer-on-death mechanism if appropriate). Minnesota statutes and local recording offices govern what forms are acceptable. For general Minnesota statutes and searches, see Minnesota Statutes — Revisor of Statutes.
10. When to consult an attorney
Consult an attorney if any of the following apply:
- The recorded deed is ambiguous about survivorship.
- Multiple heirs or potential heirs contest ownership.
- There are unpaid mortgages, liens, or tax issues.
- You need to change ownership form or prepare a new deed and want to ensure tax and liability consequences are handled properly.
Even when the path seems straightforward, an attorney (or a qualified title professional) can help prepare recording documents correctly and reduce the risk of future disputes.
Relevant Minnesota statute resources — use these to check statutory rules and to locate forms or local guidance:
- General Minnesota statutes: https://www.revisor.mn.gov/statutes/
- Minnesota probate code (for estate administration rules): https://www.revisor.mn.gov/statutes/cite/524
Helpful Hints
- Start with the recorded deed. The exact words on the deed usually determine whether title passed automatically.
- Always obtain certified death certificates; counties will reject uncertified photocopies.
- Call the county recorder before you go. County staff can confirm the preferred form (affidavit vs. deed), required attachments, and the fee schedule.
- If you record a new deed, use the same legal description as the original deed to avoid scrivener’s errors.
- Keep copies of the recorded affidavit/deed and updated title insurance notices in a safe place.
- Don’t forget to update the county assessor for tax billing and to notify any mortgage servicers or title insurer.
- If more than one heir or co-owner is involved, get written agreements and consider using an attorney to draft any transfer documents.
Disclaimer: This article provides general information about Minnesota procedures and is not legal advice. It does not create an attorney–client relationship. For advice tailored to your situation, consult a licensed Minnesota attorney or the county recorder’s office.