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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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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