Approval of certain Torrens documents for filing

Only need Examiner’s approval if an individual granted the power of attorney. Approval is not required for corporate attorney-in-fact deeds. 

Required documents

Deed

• Warranty deed or quit claim deed is generally used.
• The form of acknowledgment of the deed should be in a representative capacity (“______ as attorney-in-fact for ______"). Minnesota Statutes, Section 358.66 (a)(2)

Power of attorney

• Any valid power of attorney form authorizing the attorney-in-fact to convey may be used.
• In general, use of the Statutory Short Form Power of Attorney is recommended. UCB Form 100.1.1; Minnesota Statutes, Section 523.23

Affidavit of attorney-in-fact

• UCB Form 100.2.1; Minnesota Statutes, Section 523.17, subd 1

Or

Affidavit of authority of successor attorney-in-fact

• This affidavit must be used if a successor attorney-in-fact signs the deed. UCB Form 100.2.2; Minnesota Statutes, Section 523.16

Check to make sure the affidavit is signed and verified the same day or after the deed is dated and acknowledged, whichever is later.

• Example: deed is dated January 1; deed is acknowledged January 4; the affidavit must be signed January 4 or later.

Required documents

Claim of Unregistered Interest

• UCB Form 40.7.1; Minnesota Statutes, Section 508.70, subd. 1
• The claim must state how or from whom the interest was acquired and therefore there must be a connection between the interest claimed and an interest noted on the Certificate of Title.
• If the claim involves an interest in an unregistered mortgage that is subject to the imposition of mortgage registry tax upon recording, mortgage registry tax must be paid contemporaneously with the filing of the claim of unregistered interest.

Affidavit of Mailing

• The Claim of Unregistered Interest UCB form includes a form Affidavit of Mailing.
• The claim must be mailed to "the persons whose registered interests are affected by the claim at their addresses shown on the certificate of title."

Examiner's approval to transfer title or terminate a spousal interest following a divorce is only needed if the Judgment and Decree or Summary Real Estate Disposition Judgment is not accompanied by a deed from the divested spouse.

Required documents

Certified copy of Judgment and Decree or Summary Real Estate Disposition Judgment

• If a Summary Real Estate Disposition Judgment for the property is in the court file, then that document must be submitted instead of a Judgment and Decree.
• Examiner reviews the document and the court file for legal sufficiency.
• It must be from a Minnesota court. 

Check to make sure the document contains the correct legal description for the property—check the certificate of title.

If the divorce decree has already been filed without approval:

• Request a directive to have the title transferred or spousal interest terminated by emailing ex.titles@hennepin.us.

Probate transfer instructions (PDF, 1MB)

Includes deed of sale, deed of distribution, decree of distribution, summary proceedings, decree of descent, conservator’s deed, and protected arrangements.

A transfer on death deed (TODD) is a memorial and does not transfer any interest in the property until all grantor owners are deceased.

When all grantor owners are deceased, obtain and complete the necessary documents and record the documents with the Registrar of Titles. 

Required documents

The three documents can be combined and recorded as one document. The recording fee will be $46.

Affidavit of identity and survivorship for transfer on death deed

• UCB Form 50.2.3; Minnesota Statutes, Section 507.071, subd. 20
• The affidavit should be made by a grantee beneficiary, and if not, must contain additional statements of how the person making it has personal knowledge of the statements made in the affidavit.

Certified copy of death certificate for each grantor owner

• Minnesota Statutes, Section 507.071, subd. 20

Clearance certificate, signed by the county representative, for each grantor owner

• UCB Form 10.8.9; Minnesota Statutes, Section 507.071, subd. 23
• Complete the application form (DHS-5893), and mail the application form to:

Hennepin County Human Services–Estate Recovery
300 South Sixth Street, Suite A-150, MC150
Minneapolis, MN 55487

If the clearance certificate shows money owed

A claim or lien will be carried forward to subsequent certificates of title until there is a court order removing it, or the claim is resolved, and the County provides a Release of Lien for the owners to record with the Registrar of Titles.

Contact Human Services–Estate Recovery for:

• questions about the application form or clearance certificate
• settle the debt and request the Release of Lien

Call 612-596-0674 or email estate.recovery@hennepin.us.

Trustee's deed

Individual and testamentary trust deeds require examiner’s approval. Minnesota Statutes, Section 508.62.

Approval is not required for corporate trust deeds. Minnesota Statutes, Section 501C.0102.

Required documents

Deed

Trustee’s deed is recommended.

• UCB Form 10.4.1 – individual trustee
• UCB Form 10.4.3 – business entity trustee

Trust Instrument or a Certificate of Trust

• UCB Form 90.1.1 – individual trustee
• UCB Form 90.1.2 – business entity trustee
• Minnesota Statutes, Section 501C.1013

Affidavit of Trustee

• UCB Form 90.1.3 – inter vivos trust
• UCB Form 90.1.4 – testamentary trust
• Minnesota Statutes, Section 501C.1014 

Check to make sure the affidavit:

• Is signed and verified the same day or after the deed is dated and acknowledged, whichever is later.
  • Example: deed is dated January 1; deed is acknowledged January 4; the affidavit must be signed January 4 or later.
• Has the correct date (and recording information if already recorded) of the certificate of trust.
• Paragraph 3 is filled in with information about the trustee's deed you want to file. The 3 blanks are for the grantor, grantee, and date of the trustee's deed.

Trustee’s plat

The Registrar of Titles won’t accept a plat executed by a trustee owner unless it has been certified by the Examiner. Minnesota Statutes, Section 508.62

Email ex.titles@hennepin.us prior to the plat signing to coordinate the approval.