The Minnesota Title Standards require 3 things:
- Certified copy of letters of conservatorship;
- Certified copy of order of probate court authorizing conservator to consent for the incompetent spouse to the deed of the owner;
- Deed executed by owner and consent executed by the conservator by endorsement thereon.
See Minnesota Title Standards I-G-2 and Minn. Stat. 507.04
As a practical matter, this will involve the conservator petitioning the probate court for an Order allowing the conservator to consent to the conveyance. Most courts will do this ex-parte, without a hearing. The attorney should submit a Petition to Consent to Conveyance by Owner Spouse and a proposed Order. However, some courts may require notice to Interested Persons and a hearing. Therefore, the owner spouse should work with the incapacitated spouse’s conservator as soon as he/she plans on listing and selling the real estate, so that a potential sale/closing is not delayed.