Minnesota Property Recording Guide

Property Law

 

Typical Fees:

  • $46 per document usually payable to county recorder.
  • .0033 x sale price or $1.65 if sale was for less than $3000.
    • If sale was for less than $3000, write “Total consideration less than $3000” on deed tax line.
    • Sometimes needs a separate check payable to county auditor.

Documents required for recording abstract property transfers:

Grantor: Individual(s). Grantee: Individual(s):

  • Original Deed.
    • Individual named as grantor must match exactly the grantee name on the last recorded transfer.

Grantor: Individual(s). Grantee: Trust:

  • Original Deed.
    • Individual named as grantor must match exactly the grantee name on the last recorded transfer.

Grantor: Trust. Grantee: Individual(s) or Trust:

  • Original Trustee’s Deed.
    • Trustee name must match name of trustee on certificate of trust.
      • located on the 1st and 2nd page.
    • Trust name must match trust name on certificate of trust.
      • located on the 1st and 2nd page.
    • Tax statements should be sent to grantees.
    • Property legal description must match the description in the last recorded transfer or document.
  • Original Certificate of trust of grantor (selling) trust.
    • When there are multiple trustees, list both in #5.
  • Original Affidavit of trustee of grantor (selling) trust.
    • In #3:
      • 1st blank: name of trustee empowered to make transfer.
      • 2nd blank: name of grantees.
      • 3rd blank: date of trustee’s deed.

Grantor: Personal Representative (of an informal unsupervised testate). Grantee: Individual(s) or Trust. Transfer via a deed of distribution by personal representative:

  • Certified copy of unrestricted letters testamentary (30 days must have elapsed since date of issuance of letters; also certificate must state that no objection to appointment has been filed and/or no formal proceedings have been commenced or the probate court file must be checked for this information.
  • Certified copy of will.
  • Certified Affidavit showing compliance with required notice to commissioner of human services pursuant to Minn Stat § 524.3-801(d) and passage of 70 days from the date of service of the notice or certificate of consent from the local agency.
  • Personal representative’s deed of distribution to devisee together with consent of surviving spouse if appropriate.
  • Deed from devisee and spouse, if any.
  • Registrar’s determination of heirs, or a court order determining heirs and/or devisees.
    • Can be listed on letters testamentary.

Grantor: Personal Representative (testate probate). Grantee: Individual or Trust. Transfer via a sale:

  • Certified copy of unrestricted letters testamentary (30 days must have elapsed since date of issuance of letters; also, certificate must state that no objection to appointment has been filed and/or no formal proceedings have been commenced or the probate court file must be checked for this information.
  • Certified copy of will.
  • Personal representative’s deed of sale which should contain marital status of decedent and consent of spouse, if any.

When a Joint Tenant dies, to record that the surviving joint tenant is now the sole owner:

  • Certified copy of death certificate of deceased joint tenant.
  • Affidavit of identity and survivorship by the survivor or any person knowing the facts, identifying the deed or instrument creating the joint tenancy and identifying the deceased joint tenant as the person named in the death certificate.
  • Deed from survivor and spouse, if any.

Jacob Grow