Minnesota Probate: Transfers of Real Property

Probate is the legal process of settling a person’s estate after he or she has died, including distributing the decedent’s property to those entitled to receive it. Regardless of whether the decedent left a will, all property (real and personal) owned by the decedent individually or as a tenant in common is subject to probate. Property held with a beneficiary designation (such as a transfer on death deed) or survivorship interest and property held in a trust transfers outside of probate.

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Abstract and Torrens Property (Real Estate) in Minnesota

There are two different ways of owning and indexing real property in Minnesota: Abstract Title and Torrens (Registered). Registered land is more common around the Twin Cities area, while rural counties have more Abstract land. The Torrens System has been used to promote land development, but it is still not widely used in the United States.

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