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Minnesota Affidavit of Identity and Survivorship

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 Affidavit of Identity and Survivorship Forms Have Been Updated as Recently as Thursday March 21, 2019

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Debra W. said: I found this site a must. It provided all the forms I needed to file a Quit Claim Deed. I filed what use to be called a Quick Claim Deed 30 years ago. You only had to file the one form. Today it is called a Quit Claim Deed. The pack provided forms that I had no idea had to be filed with the Quit Claim Deed. I would not have known this otherwise if the option hadn't presented itself. Thank you!

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Doreen P. said: I have uploaded 2 documents for E recording, I have searched thinking it would prompt me to a business customer service contact info tel no. ? I am concerned as to the fees related to the recording of both instruments? please advise? thank you

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Cherene K. said: The process was easy and reasonable. My only problem was that, when I filled out my form on the computer, the writing I did overlapped with the pre-written words on the form, so that I had to end up doing it by hand. I've used DEEDS before and have not had that problem.

Reply from Staff: Thank you for your feedback Cherene. We've emailed you for some followup regarding the issue you reported.

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Susan C. said: easy to use to get copy of documents. given your website by recorder in the country offices.

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Minnesota Affidavit of Identity and Survivorship Form