Disclaimer: This article is for educational purposes only and does not provide legal advice.
Detailed Answer
1. Intestate Succession in Minnesota
When a person dies without a will, Minnesota’s intestate succession rules determine who inherits real property. Under Minnesota Statutes section 524.2 (Minn. Stat. § 524.2), the decedent’s closest relatives share the estate. Spouses, children, parents, and siblings inherit based on a defined hierarchy in Minn. Stat. § 524.3 and classification rules in Minn. Stat. § 524.5.
2. Opening Probate
Real property passing by intestacy generally requires probate. An interested heir files an Application for Informal Probate in the decedent’s county of residence. The court appoints an administrator (often one or more heirs) who receives “Letters of Administration.” These letters grant authority to manage and distribute estate assets.
3. Administrator Duties and Distribution
The administrator must:
- Inventory all assets, including the home.
- Notify creditors and pay valid claims.
- File final tax returns for the estate.
- Propose a distribution plan dividing the home interest among heirs per their intestate shares.
Heirs can agree to keep the home jointly, sell it and divide proceeds, or petition the court for partition if they cannot agree.
4. Transferring Title
Once the court approves the estate distribution, the administrator signs a new deed—typically a quitclaim or warranty deed—naming the heirs as grantees according to their shares. The administrator then records the deed with the county recorder, attaching certified Letters of Administration and the death certificate.
Helpful Hints
- Verify county-specific probate rules and filing fees.
- Consider an informal settlement agreement if all heirs agree on distribution.
- Maintain detailed records of estate expenses and distributions.
- Remember: Minnesota small estate affidavits generally do not transfer real property.
- File property tax and homestead exemption forms promptly after recording the new deed.