Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
To include real property in a Minnesota estate, a personal representative must follow the probate process under Minnesota law. Below are the key steps:
- Gather Title and Ownership Documents. Locate deeds, mortgages, and title insurance policies to confirm ownership and legal description.
- Determine Ownership Type. Identify if the property is owned as sole tenancy, joint tenancy with rights of survivorship, or subject to a transfer on death deed. Joint tenancy and TOD deeds pass outside probate.
- Open Probate in District Court. File a petition to admit the will (if any) and appoint a personal representative under Minn. Stat. §524.3-201 (524.3-201). The court issues Letters Testamentary or of Administration.
- Inventory Estate Assets. Within 60 days of appointment, file an inventory listing real property with the court under Minn. Stat. §524.3-801 (524.3-801).
- Record Appointment with County Recorder. Record the personal representative’s Letters with the county recorder’s office. This clears title and allows the representative to act on behalf of the estate.
- Obtain Court Order for Distribution. After debts and taxes are paid, petition the court for an order of distribution. Once granted, prepare and record a new deed transferring title to beneficiaries.
Alternatively, consider a Transfer on Death Deed under Minn. Stat. §507.071 (507.071) to pass real property outside of probate.
Helpful Hints
- Work closely with a probate attorney or qualified professional to avoid delays.
- Keep detailed records of filings, notices, and payments.
- Notify known creditors and publish required notices under Minn. Stat. §524.3-203 (524.3-203).
- Confirm tax clearances before distributing property.
- Consider title insurance updates after distribution.