How to Remove a Deceased Co-Owner from a Hennepin County Property Title

Discovering that a deceased loved one’s name is still attached to your property title usually happens at the most inconvenient times typically when you are trying to sell the home, refinance your mortgage, or clear up a property tax discrepancy.

In Minnesota, removing a deceased co-owner from a real estate title does not happen automatically. Until you record the proper legal documentation with the county, the land records will continue to list both names.

The good news is that if the property was held in Joint Tenancy, you can bypass the lengthy and costly probate court process. This comprehensive guide walks you through the exact steps to clear the title and update land records directly with the Hennepin County Recorder’s Office.

Step 1: Verify the Type of Ownership on Your Deed

Before filing any paperwork, you must look at your last recorded deed (Warranty Deed, Quitclaim Deed, etc.). Look closely at how your names are listed. The legal remedy depends entirely on this wording:

• Joint Tenancy (With Rights of Survivorship):
  If the deed says “as joint tenants” or includes “JTWROS“, the surviving owner automatically inherits the deceased owner’s share. This guide applies directly to you.
• Tenants in Common:
  If the deed lists both names but does not explicitly mention joint tenancy, it defaults to a tenancy in common. The deceased owner’s share must go through Minnesota Probate Court before the title can be altered.

Step 2: Determine if Your Property is Abstract or Torrens

Hennepin County manages two entirely distinct property recording systems. You must find out which system your home falls under, as it changes where your documents are processed:

1. Abstract Property:
   This is the traditional recording system. Documents are filed with the Hennepin County Recorder.
2. Torrens Property:
   This is a state-guaranteed title system. Documents must be reviewed and approved by the Hennepin County Examiner of Titles before they can be officially registered.

Tip: Check your recent Hennepin County property tax statement; it will usually indicate whether the parcel is Abstract or Torrens.

Step 3: Gather the Required Legal Documents

To successfully remove the deceased owner, you must submit a package of specific documents to the county. Missing even one element will result in your application being rejected.

1. Certified Copy of the Death Certificate

You cannot use a photocopy. You must obtain an official, certified copy of the deceased owner’s death certificate from the Minnesota Department of Health or any local vital statistics office.

2. Affidavit of Survivorship

This is the core legal document where you swear under oath that you are the surviving joint tenant and are now the sole owner of the property. In Minnesota, you should use the official Minnesota Uniform Conveyancing Blanks (Form 50.2.4).

The affidavit must include:

• Your name and legal address.
• The exact Legal Description of the property (do not use the simple street address; copy the long legal description verbatim from your original deed).
• Recording information of the original deed (Book/Page number or Document Instrument Number).
• Your signature, fully notarized by a licensed Notary Public.

Step 4: Submit and Record with Hennepin County

Once your Affidavit of Survivorship is completed and notarized, and you have the certified death certificate in hand, you are ready to record.

Filing Methods

You can submit your documents to the county in three ways:

• In Person or Mail:
  Deliver them to the Hennepin County Government Center in downtown Minneapolis (300 South 6th Street, Minneapolis, MN 55487).
• E-Recording:
  Hennepin County allows trusted third-party vendors to submit electronic title updates online, which is often the fastest route.

Fees & Payment

The standard statutory recording fee in Minnesota is $46 per document. Because the Affidavit of Survivorship and the Certified Death Certificate are handled together, expect a base recording fee of $46, but verify with the Recorder’s office if additional parcel indexing fees apply.

Important Traps to Avoid

• The Spousal Clearance Rule:
  If you are removing a deceased spouse, ensure there are no outstanding Medical Assistance (Medicaid/MA) liens. Minnesota protects county estate recovery claims, and a clearance certificate may occasionally be requested if state aid was utilized.
• Mortgage Considerations:
  Recording an Affidavit of Survivorship does not remove the deceased person from the mortgage loan. It only changes the property deed title. You will need to contact your mortgage lender separately to handle loan assumptions or modifications.

Updating your land records ensures your home equity remains legally sound, allows you to qualify for property tax refunds seamlessly, and prevents massive title headaches when the time comes to pass the property down to future generations.

Frequently Asked Questions: Minnesota Titles & Deeds