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)

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

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Common Uses for Affidavit of Identity and Survivorship

Establish the identity of the surviving property owner
Facilitate the removal of a decedent's name from a deed
Document succession of interest in community property
Support a title search or title insurance claim
Provide documentation required by a title company to clear title

Compare other Minnesota deed forms and documents

Quitclaim Deed Quitclaim Deed from Individual to Joint Tenants Quitclaim Deed Divorce Gift Deed Warranty Deed Warranty Deed Excluding Assessment Warranty Deed from Individual to Joint Tenants Warranty Deed from Individual to Joint Tenants Excluding Assessments Limited Warranty Deed Limited Warranty Deed Excluding Assessment Limited Warranty Deed from Individual to Joint Tenant Limited Warranty Deed from Individual to Joint Tenant Excluding Assessment Easement Deed Termination of Easement Transfer on Death Deed Transfer on Death Revocation Affidavit of Identity and Survivorship for Transfer on Death Deeds Deed of Distribution Personal Representative Deed of Sale Transfer on Death Deed by Married Joint Tenants Transfer on Death Deed by Married Sole Owner Transfer on Death Deed by Unmarried Owner Trustee Deed Individual Affidavit of Trustee for Testamentary Trust Affidavit of Trustee for Non-testamentary Trust Correction Deed Mineral Deed Mortgage Secured by Promissory Note Subcontractor Notice of Furnishing Mechanics Statement of Lien Receipt and Waiver of Mechanic Lien Assignment of Mechanic Lien Satisfaction of Mechanic Lien Release of Mechanic Lien Disclaimer of Interest Certificate of Trust

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.

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