Dad lived in another state but owned a place in Minnesota. Do we need probate here too?
Answered by Chris Deutsch, Founder & Editor
Licensed Minnesota Realtor #20382264 ·
The short answer
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.
On stage The 60-second answer
Captions on · Transcript below
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The longer answer
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.
The next department over
What people in this spot usually ask next.
- Inheritance & probateDo we need to go through probate to sell my dad's house in Minnesota?Read the answer
- Inheritance & probateHow do we fill out seller disclosures for a house we never lived in?Read the answer
- Inheritance & probateCan the personal representative sell the house even if some of us don't want to?Read the answer
- Inheritance & probateMom had a transfer on death deed on her house. Do we still need probate?Read the answer
- Divorce & separationMy name isn't on the deed. Do I have any claim to the house in our divorce?Read the answer
- Costs & taxes, Minnesota-specificWill we owe capital gains tax when we sell our house?Read the answer
From the editor's desk
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