Minnesota General Warranty Deed (To Joint Tenants with Right of Survivorship)
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How to fill out General Warranty Deed (To Joint Tenants With Right Of Survivorship)?
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FAQ
If one owner dies, the property automatically passes to the other owner(s). Property owned in joint tenancy does not form part of your estate (because of the right of survivorship). This means the property is not listed on an application for a grant of probate or administration.
The most recognized form for a married couple is to own their home as Tenants by the Entirety. A tenancy by the entirety is ownership in real estate under the fictional assumption that a husband and wife are considered one person for legal purposes. This method of ownership conveys the property to them as one person.
The primary difference between a joint tenancy with the right of survivorship and a joint tenancy is that the former passes ownership to any surviving parties rather than to their heirs or other beneficiaries.
You need to file it with the county recorder or registrar and pay the recording fees. You can take it in to the county to file (if the desk is open . . call ahead) or give it to a title company to record (and pay their service fee).
As joint tenants, each cotenant has the right of survivorship in the other's half-interest. When the joint tenancy is severed, each cotenant gives up their survivorship right to the other cotenant to succeed to the other cotenant's half interest.
Joint tenants with the right of survivorship are two or more people who own an equal interest in a property. When one person dies their interest passes automatically to the surviving joint tenant(s). In contrast, tenants in common can own unequal shares in a property and have no right of survivorship.
A warranty deed must include Minnesota's essential elements for a valid, recordable deed. Among other things, warranty deeds must have the names of the grantor and grantee, the property's legal description, and the specific language and covenants that demonstrate the grantor's warranty to the grantee.
