GUIDING FAMILIES THROUGH THE SEASONS OF LIFE

Conservator Consent to Deed of Owner Spouse

Conservator DeedWhat do you need to convey title to a piece of real estate that is in your own name only, but your spouse is under conservatorship?

 

The Minnesota Title Standards require 3 things:

  1. Certified copy of letters of conservatorship;
  2. Certified copy of order of probate court authorizing conservator to consent for the incompetent spouse to the deed of the owner;
  3. 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.

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