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Inheritance & probate

Dad lived in another state but owned a place in Minnesota. Do we need probate here too?

Answered byChris DeutschLicensed MN Realtor (MN #20382264)
Direct Summary (TL;DR)

Often, yes. Real estate follows the law of the state where it sits, so a Minnesota house or cabin generally can't transfer through another state's probate alone. The usual answer is a second, smaller proceeding here — ancillary probate — that gives someone legal authority to sign for the Minnesota property. Whether your situation needs it depends on how the property was titled. Homes held in a trust, or covered by a transfer-on-death deed, often skip probate entirely. A Minnesota probate attorney can tell you quickly which case you're in; I'm not a lawyer, and this isn't legal advice.

The practical good news: none of this requires you to be here. I sell estate property for out-of-state heirs regularly. The attorney handles authority, I handle the house, and you handle one decision at a time. Just call.

I wrote this answer, and I stand behind it. I'm Chris Deutsch, a Minneapolis Realtor (MN #20382264). Twenty-five years of walking these neighborhoods, checking basements, and sitting across kitchen tables from people making exactly this call. I re-check every answer and date it — this one was last verified .

If your situation is more specific than the market, that's the one worth talking through. Email me at chris@lakesarearealty.com.

Transition Lens: inheritanceID: inherit-ancillary-probate-mn

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