Disclaimer: This article provides general information on Minnesota property law. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Selecting the Appropriate Deed
In Minnesota, heirs who inherit real property may transfer their interests using one of two common deeds:
- Quit Claim Deed: Conveys any interest the grantor holds without warranties. Heirs often use this when they simply want to pass along their inherited share.
- Personal Representative’s Deed: Used when a personal representative (formerly executor) of an estate conveys title following probate. This deed includes statutory warranties and evidences full authority under Minn. Stat. § 524.3-720.
2. Deed Formalities Under Minnesota Law
All deeds must meet the requirements set by Minnesota Statutes § 507.02 (General requirements for conveyances):
- Identification of grantor and grantee by name and capacity.
- Clear statement of intent to convey.
- Accurate legal description of the property (Minn. Stat. § 507.021).
- Signature of the grantor.
- Notarial acknowledgment per Minn. Stat. § 358.116 (link).
3. Recording the Deed
To complete the transfer, file the executed and acknowledged deed with the recorder of the county where the property sits. Follow these steps:
- Deliver the original deed to the county recorder’s office.
- Include a cover sheet or transmittal form, if required by local practice.
- Pay the recording fee (varies by county).
- Ensure the recorder indexes the deed under grantor and grantee names.
Recording requirements appear in Minnesota Statutes § 507.23 (link). Once recorded, the deed gives constructive notice of the transfer.
Helpful Hints
- Verify heirship rights with a certified court determination if the estate did not go through formal probate.
- Obtain a certified copy of the letters testamentary or letters of administration, if using a personal representative’s deed.
- Use a current title search or abstract to confirm the legal description and ensure clear title.
- Check county recorder websites for fee schedules, cover sheet templates, and submission methods (in-person, mail, or electronic).
- Retain a stamped, recorded copy of the deed for your records and future title examinations.