Short answer

Yes. Under Minnesota law, anyone who has or claims an interest in the property must be made a party to a partition action. That includes a deceased co‑owner’s personal representative, devisees, or heirs. To add them you must identify who they are (through probate or heirship investigation), formally join or substitute them in the case, and serve proper notice—using documents such as certified letters, an amended complaint, or a substitution motion along with death certificate or probate paperwork.

Detailed answer — what the law requires and the typical steps

Legal basis

Minnesota’s partition statutes require that all persons having or claiming an interest in the land be made parties to a partition action. See Minnesota Statutes § 558.01 (Partition of real property: who may maintain action and who must be joined). For the statute text, see: https://www.revisor.mn.gov/statutes/cite/558.01.

Who to join when an owner is deceased

• If the decedent’s estate has been opened in probate: the personal representative (executor/administrator) should be joined. Use the representative’s name and attach certified letters of appointment or the probate court docket.
• If the decedent died intestate or the estate has not been opened: the decedent’s heirs-at-law (spouse, children, parents, siblings, etc., depending on family) or any known devisees should be joined. If heirs are unknown, procedures exist to try to notify unknown claimants (see Helpful hints below).
• If the decedent left a will: join the named devisees and the personal representative.
• If any potential claimant is a minor or incapacitated person, the court may require a guardian ad litem or guardian to protect that person’s interests.

Practical steps to add heirs to an active partition case

1. Confirm the decedent’s interest. Do a title search and review the deed (joint tenancy, tenancy in common, life estate, etc.). The form of ownership affects heirs’ rights.
2. Check for probate filings. Search the probate docket in the county where the decedent lived or owned property. If a personal representative is appointed, join that person. A certified copy of the Letters Testamentary or Letters of Administration proves authority to be sued or to defend the estate.
3. Identify heirs or devisees. If no probate was opened, use public records, family records, or a genealogical search. County vital records and prior wills or estate planning documents help identify likely heirs.
4. Prepare the appropriate court document. Typical filings include an amended complaint or an amended party list that names the heirs or representative. If a named party in the suit has died during the case, file a motion and proposed order to substitute the proper party (e.g., the personal representative or named heir).
5. Attach supporting proof. Include a certified death certificate, probate documents if available, and any affidavits of heirship or family relationship you can obtain.
6. Serve the added parties properly. Serve the newly joined heirs or representative according to Minnesota civil procedure (personal service when possible). If a party’s identity or address is unknown, the court may permit service by publication or other alternative notice; you will need to follow the court’s rules for that method.
7. Address minors or incapacitated claimants. If an heir is under 18 or legally incapacitated, the court may require appointment of a guardian or a guardian ad litem and special notice procedures.
8. Ask the court for rulings if ownership is unclear. If heirs are disputed or unknown, you can ask the court to determine ownership or to clear title as part of the partition or by a quiet title-like request within the partition action.

Evidence and documents commonly required

• Certified death certificate for the decedent.
• Certified letters of appointment for a personal representative (if probate opened).
• Probate file number and court name (to reference in filings).
• Deeds, title search report, and chain-of-title documents.
• Affidavits of heirship or family relationship, where formal probate is not available.
• Proposed amended pleadings or substitution documents and a proposed order for the court.

Consequences of failing to include heirs

If someone with a real interest in the property is not joined, the partition judgment may not bind that person. That can leave a cloud on title and invite later litigation. Courts prefer that all claimants be brought into the case so that the partition and the court’s distribution order resolve everyone’s claims once and for all.

Helpful hints

• Start with a county title search and a search of the probate records in the county where the decedent lived. Many county courts provide online probate dockets.
• Get a certified death certificate early; it’s the basic document that proves the owner is deceased.
• If the estate is open, ask the register of probate for certified Letters of Appointment—this shows who can represent the estate and be joined in the lawsuit.
• If no probate exists, an affidavit of heirship (signed under oath) can help identify heirs, but courts vary on how much weight they give such affidavits—expect the court to look for proof.
• If heirs cannot be located, you may petition the court for alternative service (publication). That often requires a factual showing that you reasonably tried to find the person.
• When heirs are likely to object, consider mediation or a negotiated partition; contested partition involving multiple heirs can become expensive and protracted.
• Minors or incapacitated persons require special protective steps—ask the court about appointment of a guardian ad litem.
• Consult a local attorney if heirs are disputed, ownership is unclear, or if the case involves substantial value. Attorneys can prepare pleadings, manage service by publication if needed, and advise on whether a quiet title action or formal probate is preferable.