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Do we need to go through probate to sell my dad's house in Minnesota?

Answered by Chris Deutsch, Founder & Editor
Licensed Minnesota Realtor #20382264 ·

The short answer

How the house is titled determines whether probate is needed — not whether there's a will.

On stage The 60-second answer

Captions on · Transcript below

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Chris's video answer is on its way. Until then, the short answer above says the same thing.

Read the transcript

The transcript posts with the video.

The longer answer

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.

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From the editor's desk

“As Founder and Editor, I review, correct, and stand behind every answer.”
— Chris Deutsch

Is your situation more specific than the market? That's the one worth talking through.