Detailed Answer
When a parent dies owning real estate in their sole name, you generally must open a probate estate to transfer title. Minnesota treats sole-owned property as part of a decedent’s estate under the Minnesota Uniform Probate Code, Chapter 524. If your parent left a valid will, the executor named in the will petitions the probate court in the county where the property lies. If there’s no will, you or another heir petitions to become the personal representative (also called an administrator).
Key steps:
- Obtain the death certificate. The county recorder or probate court requires an official death certificate to begin any transfer process.
- Search for a will. If you find a will, file it with the probate court. The will may name an executor who has the authority to administer the estate. (See Minn. Stat. § 524.3-101.)
- Determine if you qualify for informal probate. Minnesota offers a simplified procedure for small estates with personal property under $75,000, but real property still typically requires full probate. (See Minn. Stat. § 524.3-1201.)
- File a probate petition. You file a Petition for Formal Probate of Will or Appointment of Personal Representative with the district court. The court issues Letters Testamentary (with a will) or Letters of Administration (without a will).
- Notify heirs and creditors. Under Minn. Stat. § 524.3-201, you must notify interested parties and publish a notice to creditors.
- Transfer title. After you inventory assets, pay permitted claims and file a final accounting, the court will authorize distribution. You record a probate court order or a deed signed by the personal representative conveying the property to the heirs. This updates county land records.
If the parent held the property as joint tenants or tenants by entirety, ownership may pass automatically to the surviving owner without probate. You can check the deed for language such as “joint tenants with right of survivorship.” If you’re unsure, request a certified copy of the recorded deed from the county recorder’s office.
Because real estate transfers can involve multiple parties, tax considerations and deadlines, many people hire a probate attorney or a real estate attorney to guide them through the process.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney to discuss your specific circumstances.
Helpful Hints
- Gather documents: death certificate, original deed, will, mortgage statements.
- Contact the county recorder’s office to verify current deed records online or in person.
- Check for joint-tenancy language on the deed to see if probate can be avoided.
- Use the Minnesota Judicial Branch’s probate forms and instructions: https://www.mncourts.gov.
- Prepare for timelines: formal probate often takes 6–12 months from start to finish.
- Keep detailed records of all estate expenses and distributions for court filings.
- Consider a free probate clinic or legal aid if you need low-cost assistance.