Mom had a transfer on death deed on her house. Do we still need probate?
For the house, no — that's the whole point of a transfer on death deed. The home passes straight to whoever the deed names, outside probate.
What actually happens: you record an affidavit of identity and survivorship with a certified death certificate at the county, and the title moves into the beneficiaries' names. Three things to know. If your mom received Medical Assistance, there's a clearance step before the title is fully clean — the state checks for a claim. If the deed names several of you, you all own it together, and selling takes every signature. And the rest of her estate may still need probate even though the house doesn't. An attorney or title company can confirm your specific picture; I'm not a lawyer, and this isn't legal advice.
If you want company through it — and a read on what the house is worth while we're at it — call me.
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.