Disclaimer: This article provides general information about Minnesota law and is not legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
An heirship affidavit is a sworn statement that identifies the heirs of a person who died without probating an estate. In Minnesota, no specific statute governs real‐property heirship affidavits, but courts and title companies accept them to clear title when no probate opened. You draft one, have it notarized, and record it in the county where the property lies.
Follow these steps:
- Confirm Eligibility
• The decedent must have died intestate (without a will) or no personal representative was appointed.
• The heirs must agree on the identities and shares. - Gather Key Documents
• Certified death certificate.
• Copies of deeds showing decedent’s ownership.
• Family records, birth certificates or marriage licenses to prove relationships. - Draft the Affidavit
Include:
a. Full name, date of death and last address of the decedent.
b. Legal description of the property.
c. Statement that no probate case is pending or was opened.
d. List of heirs with their names, addresses and relationship to the decedent.
e. A statement allocating each heir’s fractional interest.
f. A sworn statement that the affiant has personal knowledge of the facts. - Signatures and Notarization
• The affiant (often a close family member or heir) signs under oath.
• Many title companies require two disinterested witnesses to sign.
• Notarize the affidavit. Minnesota requires notarization of affidavits under Minn. Stat. § 358.01 (revisor.mn.gov/statutes/cite/358.01). - Record the Affidavit
• Submit the original notarized affidavit to the county recorder’s office where the property is located.
• Pay the recording fee (varies by county).
• Keep certified copies for your records. - Update Title Insurance and Tax Records
• Provide a recorded copy to any title insurer to clear clouds on title.
• Notify the county assessor to update property tax rolls.
Statute Citations
- Minnesota Notarization Requirement: Minn. Stat. § 358.01 – Notarial acts (revisor.mn.gov/statutes/cite/358.01).
- Small Estate Personal Property Affidavit (for personal property only): Minn. Stat. § 524.3-113 (revisor.mn.gov/statutes/cite/524.3-113).
Helpful Hints
- Use precise legal descriptions as shown on the recorded deed.
- Gather documentation early to avoid last-minute delays.
- Confirm county recording fees and requirements online.
- Ask title companies if they require specific affidavit language.
- Consult an attorney if the estate includes substantial assets or disputes arise.
- Keep copies of all filings and correspondence.