How to transfer real estate after a parent dies without a will in Minnesota

Short answer: First determine how title was held. If the deed named co-owners with rights of survivorship or a transfer-on-death (TOD) beneficiary, the house may pass outside probate. If the property was solely in your parent’s name and there is no will, you will most likely need to open a probate estate (or another court process) so a personal representative can be appointed, settle debts, and then transfer title to the heirs under Minnesota’s intestacy rules. See Minnesota probate law (Ch. 524) for the rules that apply to intestate estates and estate administration: https://www.revisor.mn.gov/statutes/cite/524.2 and https://www.revisor.mn.gov/statutes/cite/524.3.

Detailed answer (step-by-step under Minnesota law)

1) Gather basic documents and information

• Certified copy of the death certificate (several copies).
• Original deed to the property or the legal description. If you don’t have the deed, get a copy from the county recorder/registry (county land records office).
• Mortgage statements, tax bills, homeowner’s insurance, and any leases or occupant information.
• List of potential heirs (spouse, children, grandchildren, parents, siblings) and contact info.

2) Determine how the property is owned

Check the deed at the county recorder. Common outcomes:

• Joint tenants with right of survivorship (or tenancy by the entirety for spouses): the surviving joint owner(s) typically become the sole owner automatically on death — no probate needed.
• Transfer-on-death (TOD) or beneficiary deed: Minnesota allows beneficiary designations for real estate; if a valid TOD deed names beneficiaries, the deed conveys when the owner dies and probate is not required.
• Sole ownership (deed only in your parent’s name): most likely requires probate to transfer title to heirs.

3) If title does not pass automatically, consider probate or alternative procedures

When the owner died intestate (no will), Minnesota’s intestacy statutes govern who inherits. The most common route to clear title is to open an estate administration so an administrator can be appointed and then transfer the property to the heirs.

• Intestate succession: Minnesota’s intestacy rules explain who inherits when there is no will. Review the law at: https://www.revisor.mn.gov/statutes/cite/524.2.
• Probate administration: You (or another heir) file for appointment as personal representative (administrator). Minnesota’s probate procedures are in Chapter 524.3: https://www.revisor.mn.gov/statutes/cite/524.3. After appointment, the administrator inventories assets, notifies creditors, pays valid claims, and distributes remaining assets to heirs. The court will issue orders or letters allowing the administrator to sell or transfer property and sign deeds to heirs.
• Small estate and other exceptions: Minnesota allows some simplified procedures for small estates or certain asset classes, but real estate usually cannot be transferred solely by a small personal property affidavit. Check the Minnesota Judicial Branch probate help pages or talk to the county court clerk to see if a simplified process applies in your county: https://www.mncourts.gov/Help-Topics/Probate-and-Estate-Administration.

4) Steps to open probate (typical)

1. File a petition with the district court in the county where the deceased lived asking the court to appoint an administrator (if no will) or the executor if there is a will.
2. Provide the death certificate and a copy of the deed and pay the required filing fee.
3. The court issues letters or an order appointing the personal representative; the representative obtains authority to act for the estate.
4. Inventory estate assets, publish/notices to creditors as required, and resolve claims.
5. When creditors are resolved and taxes addressed, the court approves distribution of property under Minnesota’s intestacy rules. The administrator signs and records a deed transferring the house to the heirs or follows any court order directing transfer.

5) After court approval — recording the deed

Once an administrator has authority and the court approves the distribution, the administrator prepares and signs a deed transferring title to the heirs. Record that deed at the county recorder’s office. The recorder will also require payment of any transfer tax or recording fees and may require supporting documents such as a certified copy of the court order or letters of administration.

6) Common complications to watch for

• Outstanding mortgage or liens. The mortgage survives the owner’s death, and the loan must be paid or assumed. The administrator may sell the property to pay debts if necessary.
• Surviving spouse rights and homestead protections. Minnesota law provides protections and priority to a surviving spouse which can affect distribution — see Minnesota statutes and consult a lawyer if a spouse survives the decedent: https://www.revisor.mn.gov/statutes/cite/524.2.
• Disagreements among heirs. If heirs disagree about selling or keeping the property, you may need court intervention (partition action or court-supervised sale).
• Possible unpaid property taxes or special assessments that must be cleared.

When to get a lawyer

Consider consulting an attorney if any of the following apply:

• The estate has significant debts, a mortgage, tax issues, or complex assets.
• Heirs dispute who should inherit or how to handle the property.
• You need guidance filing probate documents or dealing with court procedures.

If you decide to hire counsel, look for an attorney experienced in Minnesota probate and real estate transfer.

Useful Minnesota resources

• Minnesota Statutes — Intestate succession: https://www.revisor.mn.gov/statutes/cite/524.2
• Minnesota Statutes — Probate administration: https://www.revisor.mn.gov/statutes/cite/524.3
• Minnesota Judicial Branch — Probate and estate administration help and forms: https://www.mncourts.gov/Help-Topics/Probate-and-Estate-Administration

Disclaimer

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

Helpful Hints

• Start by ordering several certified death certificates from the county where the death was recorded — you will need them for banks, the court, and the recorder.
• Obtain a copy of the deed from the county recorder to confirm how title is held before spending money on probate filings.
• Contact the county recorder or assessor to learn their documentary and recording requirements for deeds signed by an administrator or executor.
• If there is a mortgage, notify the lender promptly. The lender can explain payoff or assumption options and avoid default notices and foreclosure steps.
• Keep detailed records of all communications and payments during the estate administration; courts review these records if heirs dispute accounting.
• If siblings want to keep the house jointly, discuss an ownership and expense agreement that addresses mortgage, taxes, maintenance, and sale triggers.
• When in doubt, consult a probate or real estate attorney early — a short consultation often saves time and money later.