Minnesota allows two or more people to share ownership of real estate as joint tenants. Unlike tenants in common, who each own individual portions of the property, joint tenants share equal parts of the undivided whole property. As a result, if one joint tenant dies, his/her rights are distributed evenly amongst the surviving joint tenants. Note that joint tenancy property passes outside of probate, so it does not become part of the decedent's estate.

To complete the transfer of ownership rights, the surviving joint tenant or tenants should execute an affidavit of identity and survivorship, based on Minnesota Form 50.2.2. The affidavit references the recorded deed where the joint tenants gained the property rights, and also requires a certified copy of the decedent's death certificate. Record the affidavit and its supporting documents in the office responsible for maintaining property records for the county where the land is located.

After recording the affidavit, the deceased joint tenant no longer holds any property rights, but his/her name will still appear as an owner in the records. To actually remove that name, the remaining joint tenant(s) should execute a new deed listing all original joint tenants as grantors, but identifying the deceased individual and including a certified copy of the death certificate. Name only the surviving tenants as grantees. After filing the new deed, the property records should only show the remaining owners.

(Minnesota AOI Package includes form, guidelines, and completed example)

Important: County-Specific Forms

Our affidavit of identity and survivorship forms are specifically formatted for each county in Minnesota.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

Common Uses for Affidavit of Identity and Survivorship

Transfer property between family members
Add or remove names from property titles
Transfer property into or out of trusts
Correct errors in previously recorded deeds
Gift property to others

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