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What is an Affidavit of Survivorship?

When two people own a piece of property and one passes away, an affidavit of survivorship is used to transfer the ownership of the property to the person that is still alive.

Would a home that has a right of survivorship filed on it be a part of the estate when a person passes away?

The house that has an affidavit of survivorship would not be considered as part of the estate. When the person passes away, their portion of the home would be given to holder of the right of survivorship. The survivor would go to the registrar of deeds and file the death certificate and the affidavit of survivorship.

Would a person need an affidavit of survivorship if they are listed on the deed of the parent’s home?

If the parent passes away, then their portion of the home would pass to whoever was named in their will. The tenancy in common would have to go through probate, so if the child wanted to avoid the probate, then they would need the Joint Tenants and the Affidavit of Survivorship. If one of the joint tenants dies, then the other joint tenant would have the Affidavit of survivorship along with the death certificate would receive the title to the home without having to go through probate.

In the state of Minnesota, can a child file an affidavit of survivorship on a piece of property after the parent passes away if the child is a sole survivor?

If the child was listed on the deed of the house as a joint tenant, then the child could file the death certificate and the affidavit of survivorship and have the deed placed in their name alone. If the child’s name is not on the deed, then the individual would have to place the home through the probate process and have the probate court order that the transfer of title be completed.

If one parent passed away and the other parent had an affidavit of survivorship, then passed away and the deed to the house is still in the first parent’s name, does it go through double probate?

When the first parent died, they lost all rights to the house, giving the surviving parent the affidavit of survivorship. Since the affidavit of survivorship was in place, the home would never go through the probate process. There is no probate needed for the home until the last parent passed away. The beneficiary would need to clean up the title to the house by recording their own affidavit of survivorship, transferring the deed/title to them instead of the parents. 

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