Minnesota — Steps to File and Record a New Deed So a Child Becomes Owner After a Spouse's Death | Minnesota Probate | FastCounsel
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Minnesota — Steps to File and Record a New Deed So a Child Becomes Owner After a Spouse's Death

August 18, 2025 6 min read

Detailed Answer — How to get property into your child’s name after your spouse’s death (Minnesota)

Short overview: The exact steps depend on how the property was owned when your spouse died. Common paths are (1) ownership that already includes survivorship rights (no probate), (2) a probate administration (if your spouse owned the property alone or left it by will), or (3) transfer through a personal representative after probate or appointment by the court. You will normally need certified copies of the death certificate, proof of authority to transfer (for example, a surviving joint owner’s affidavit or letters testamentary/administration), a new deed prepared and signed by the person with authority, and recording at the county recorder.

1. Identify how title was held

  1. Locate the current deed at the county recorder’s office or your own papers (or title insurance policy). The deed shows how your spouse owned the property: alone, jointly with right of survivorship, or as tenants in common.
  2. If the deed names your spouse and you as joint tenants with right of survivorship (or similar language), ownership usually passes automatically to the surviving joint owner. In that case you will record a certified copy of the death certificate and an affidavit of survivorship or similar document to update the county record.
  3. If the deed shows your spouse held the property alone, or as tenant in common, then the property does not pass automatically. The successor must obtain authority through probate or other statutory procedures before preparing and recording a new deed.

2. If title passes by survivorship (common, faster route)

When survivorship applies you usually need to:

  • Get a certified copy of the death certificate from the county that issued it.
  • Prepare an affidavit of survivorship or similar short form that records the fact of death and confirms the surviving owner’s right to title.
  • Record the affidavit and death certificate with the county recorder where the property sits. The county will then show the surviving owner as the owner of record.

Check local recorder requirements for the exact form and fees. The Minnesota statutes governing recording are available at: https://www.revisor.mn.gov/statutes/cite/507.

3. If the property is subject to probate (when title does not automatically pass)

Steps in most cases:

  1. Determine whether your spouse left a will. If yes, the will names a personal representative (executor). If no will exists, Minnesota statute governs intestate succession and the court will appoint an estate administrator. See Minnesota probate statutes at: https://www.revisor.mn.gov/statutes/cite/524.
  2. File a petition with the district court probate department in the county where your spouse lived to open probate. The Minnesota Judicial Branch explains the probate process and local filing steps: https://www.mncourts.gov/Help-Topics/Probate.
  3. The court appoints the personal representative and issues Letters Testamentary or Letters of Administration. These documents show the representative’s legal authority to act for the estate.
  4. The representative inventories estate assets, pays valid debts, and (if appropriate) transfers the property to the person(s) entitled under the will or under Minnesota intestacy rules. That transfer typically happens by the representative executing and recording a new deed (for example, a quitclaim or executor’s deed) that conveys title to your child.
  5. Record the new deed at the county recorder office with a certified death certificate and a copy of the Letters as proof of authority. Recording statutes and rules are at: https://www.revisor.mn.gov/statutes/cite/507.

4. What the new deed must include

  • Correct legal description of the property (not just the street address).
  • Name of the grantor (the person or estate transferring title) and the grantee (your child).
  • Statement of authority if signed by a personal representative (for example, “John Doe, Personal Representative of the Estate of Jane Doe, deceased”).
  • Properly dated signature(s), notarization, and any required affidavits or certificates required by the county recorder.

5. Recording, fees, taxes, and related steps

  • Record the signed deed and required supporting documents (death certificate, letters, affidavits) in the county where the property is located. The county recorder’s office posts fees and filing rules on its website.
  • Confirm whether any transfer taxes, documentary fees, or affidavit filings apply. Check the Minnesota Department of Revenue: https://www.revenue.state.mn.us, and ask the county recorder about local charges.
  • If a mortgage exists, contact the lender. The mortgage lien stays until paid or refinanced; transferring title does not eliminate the mortgage obligation unless the lender agrees.
  • After recording, update homeowner’s insurance and property tax records to show the new owner.

6. Common practical scenarios (examples)

Example A — Joint tenancy with spouse and you:

The deed listed your spouse and you as joint tenants with right of survivorship. You record a certified copy of the death certificate and a local affidavit showing you are the surviving joint owner. The recorder updates title to your name. You then prepare a deed from yourself to your child and record it.

Example B — Spouse owned property alone and left it to your child by will:

You (or the named executor) open a probate case, receive Letters Testamentary, and then execute a deed transferring the property from the estate to your child. You record the new deed together with Letters and a certified death certificate.

7. When to consider an attorney or title company

  • Complex title history (multiple prior deeds, unclear ownership, liens or judgments).
  • Contested estate or disputes among heirs.
  • Significant mortgage, tax, or creditor claims against the estate.
  • If you want a title insurance policy in your child’s name to assure clean title.

Relevant Minnesota resources

Helpful Hints

  • Begin by ordering a certified copy of the death certificate from the county vital records office.
  • Pull a copy of the current recorded deed early; that one document determines the path you must take.
  • Contact the county recorder to ask exactly what forms and fees they require for an affidavit of survivorship, recording a deed signed by a personal representative, and for required attachments.
  • Keep originals and certified copies of court-issued Letters or orders; recorders will usually require certified copies for deeds transferring estate property.
  • If you plan to transfer the property to a child, decide whether to use a quitclaim deed (fast, limited warranties) or a warranty/executor’s deed (stronger assurances). A title company can explain implications and issue title insurance.
  • Check mortgage status before transferring; an outstanding mortgage may need payoff or lender approval for assumption or release.
  • Tax and estate planning: transferring property may have tax consequences. Consult a tax advisor for potential gift, inheritance, or income tax issues.
  • When in doubt, consult a probate or real estate attorney to avoid mistakes that can cause title defects or litigation.

Disclaimer: This article explains general Minnesota procedures and is for educational purposes only. It does not provide legal advice. For advice that applies to your specific situation, consult a licensed Minnesota attorney or your county recorder.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.