Do we need to go through probate to sell my dad's house in Minnesota?
How the house is titled determines whether probate is needed — not whether there's a will.
If your dad owned it in joint tenancy with someone still living, the survivor records an affidavit and a death certificate, and the house passes outside probate. If he recorded a transfer on death deed, the named beneficiary takes it — no probate for the house. If it sits in a trust, the trustee sells it. But if the house was solely in his name with none of those in place, probate is the path: Minnesota's small-estate shortcut only covers personal property under $75,000, and it never covers real estate. The deed answers most of this in one read — and your attorney turns that read into a formal call. I'm not a lawyer, and this isn't legal advice.
Pull the deed, or let a title company pull it for you. That one document tells us which road you're on, and I'm glad to help you read it.
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.