Real Estate
Estate authority likely / Often outside probate
First records to pull
- Letters testamentary or letters of general administration
- Personal representative's deed or court decree
- Certified death certificate
- County recorder or registrar of titles recording
Tracker notes
- Pull the recorded deed before deciding whether probate is needed; a transfer on death deed only works if it was recorded before death.
- Check whether the property is abstract (county recorder) or Torrens (registrar of titles); in most counties one office handles both, but the documents differ.
- The homestead descends to the surviving spouse or descendants largely free of unsecured estate debts (Minn. Stat. 524.2-402); do not treat it like ordinary estate property.