Minnesota: How to Determine Heirs and Who Owns Property After a Grandparent Dies

Overview

When a close relative dies, you may need to know two different things: (1) who the lawful heirs are under Minnesota law, and (2) who currently holds legal title to any real property the decedent owned. These are related but separate questions. This article explains practical steps to find heirs and determine property ownership in Minnesota and points to the key state resources and laws that control the process.

Disclaimer

This is educational information, not legal advice. I am not a lawyer. For decisions that affect your rights, consult a qualified Minnesota probate or real estate attorney.

Basic legal framework (Minnesota)

Minnesota handles ownership transfer after death through probate and by operation of law (for example, joint tenancy or named beneficiaries). Minnesota probate law is codified in Chapter 524 of the Minnesota Statutes. The state’s probate process and rules explain how estates are opened, how heirs are identified when there is no valid will, and how title to property can be transferred. See Minnesota Statutes, Chapter 524: https://www.revisor.mn.gov/statutes/cite/524.

Step-by-step: How to find the rightful heirs and current owner of property

1. Obtain the death certificate. A certified death certificate is usually required to handle property and bank accounts. County vital records offices issue certified copies.
2. Look for a will, trust, or beneficiary designations. A valid will names an executor and beneficiaries. Trusts, pay-on-death (POD) or transfer-on-death (TOD) designations and beneficiary forms on accounts bypass probate. Ask family members, check the decedent’s safe, mail, and email, and contact likely attorneys who may hold wills.
3. Search probate court records in the county where the decedent lived. If someone opened probate, the court file will show the personal representative (executor/administrator), the will (if any), inventories, and distributions. Minnesota courts provide probate information and guidance: https://www.mncourts.gov/Help-Topics/Probate. If a probate file exists, it usually lists heirs, beneficiaries, and who is appointed to handle the estate.
4. Check county land records (county recorder/registrar of titles). Real property ownership is determined by the deed on record. Visit the county recorder or registrar of titles where the property is located and search by the decedent’s name. Many Minnesota counties provide online searchable recording databases. The deed will show if the decedent owned the property alone, as joint tenants (which often passes automatically to the surviving joint tenant), or subject to a life estate or other restrictions.
5. Check county assessor and tax records. The assessor’s records can show parcel ownership, assessed value, and recent transfers. Tax statements sometimes name the person responsible for payment.
6. Identify non-probate transfers. Joint tenancy with right of survivorship, TOD deeds (if used in the county), and beneficiary designations on accounts can transfer property outside probate. A recorded TOD deed (sometimes called a beneficiary deed) can transfer real estate upon death. Check recorded documents and account paperwork for transfer instructions.
7. If no probate was opened and there’s no will, determine heirs under Minnesota intestacy rules. When a person dies without a valid will, Minnesota’s probate statutes (Chapter 524) direct how assets pass to surviving relatives. Heirs typically include a surviving spouse and children; if none, parents or more distant relatives may inherit. The probate court or an attorney can apply the statutory order of priority in Chapter 524 to determine who the heirs are.
8. Consider a title company or attorney for a complete title search. Title companies perform a full record chain-of-title search, reveal liens, mortgages, recorded easements, and help prepare documents to clear title so the property can be sold or transferred.
9. If the estate is small, check whether simplified procedures apply. Minnesota provides streamlined probate or summary procedures in certain small estates or where property passes by affidavit. The court or an attorney can advise whether those processes apply.
10. Contact the appointed personal representative (if any). The personal representative named in probate court is the person authorized to collect estate assets and transfer property under court supervision or by following statutory procedures.

Common evidence to collect

• Certified death certificate(s)
• Original will or trust documents
• Deeds and mortgage documents for real property
• Account statements and beneficiary designation forms
• Title search or abstract (if available)
• Correspondence with banks, insurers, and agencies

Key Minnesota resources and statutes

• Minnesota Statutes, Chapter 524 (Decedents’ Estates / Probate law): https://www.revisor.mn.gov/statutes/cite/524. This chapter covers probate administration, intestacy rules, personal representative duties, and distribution of assets.
• Minnesota Judicial Branch — Probate help and filing information: https://www.mncourts.gov/Help-Topics/Probate.
• County recorder/registrar of titles offices — for recorded deeds and property records (search the specific county website where the property sits).

When to hire a lawyer or title professional

Consider professional help if any of the following apply:

• There is a dispute among family members about heirs or the validity of a will.
• The estate includes real property with unclear title, multiple liens, or boundary/easement issues.
• Someone claims adverse possession or there are competing claims to the property.
• The decedent owned assets in multiple states or had complicated trusts, businesses, or tax issues.
• You need to file probate and the estate is not a simple small estate.

A probate or real estate attorney and a title company can both be useful: an attorney handles legal disputes and court filings; a title company ensures the public record of ownership is accurate and can issue title insurance for a sale.

Practical timelines and expectations

Timeframes vary. Finding a will or beneficiary designation can be quick. Opening probate and resolving ownership can take weeks to months. Complex estates and contested heirship can take a year or more to resolve through the court system.

Helpful hints

• Start by checking the decedent’s personal papers, safe-deposit box, email, and recent mail for a will or trust contact information.
• Ask the decedent’s primary bank, accountant, or physician for referrals to an attorney who may have prepared estate documents.
• Search probate court records online for the county of the decedent’s last residence—many counties provide searchable indexes.
• Search county recorder deed indexes by the decedent’s full legal name and common variations (including maiden names).
• If you find a recorded TOD (beneficiary) deed or joint tenancy, the property may have passed outside probate—still obtain certified copies and recorded documents to prove transfer.
• Keep clear records of communications and copies of every recorded document, death certificate, and court filing.
• If you expect conflict among relatives, get counsel early to preserve rights and avoid costly disputes.
• For selling property, ensure title is cleared and obtain a title insurance commitment from a reputable title company.

Next practical steps

1) Obtain certified copies of the death certificate. 2) Search for a will and any trust documents. 3) Check the county probate court and county recorder’s online records. 4) If records are confusing or contested, contact a Minnesota probate or real estate attorney or a title company for a title search and next steps.

If you want, provide the county where your grandparent lived or the parcel ID for the property and I can suggest where to search online next.