If my father died more than 3 years ago without a Will, how do we his heirs add our names to the deed?

I have a certified death certificate. He owned a house but nothing else of value. We didn’t do a probate. He only has 2 living heirs, my sister and I. She currently lives in the home. Our father’s name is the only name on the deed. We don’t have money for an attorney. Since so much time has passed, isn’t there a way to simply add our names to the house deed without going to court?

Asked on October 4, 2014 under Estate Planning, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  Some states allow for the heirs to transfer a deed with out probate if all that is left in the estate is real property.  New York is one of those states.  It is unclear if Minnesota allows that but you can actually check with the probate clerk.  They can not give advice but they can tell you what is required and give you the necessary forms.  Good luck.

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