Examiner of Titles

Any transfers or conveyances with a Power of Attorney will need approval. Corporate trustees do not require the affidavit of attorney in fact, but they still need Examiner approval prior to recording.

General requirements

• All documents submitted must be originals or certified copies.
• Certified copies should not be taken apart.
• Proofread all documents. Check that the acknowledgement/verification is complete and in the correct form.

Avoid common errors
Before you submit your attorney-in-fact deed, power of attorney and affidavit of attorney-in-fact, check to make sure:

• The acknowledgement is in the representative capacity format “______ as attorney-in-fact for ______"). (Minnesota Statute 358.52).
• Paragraph 1 of the affidavit is filled in with the correct date of the power of attorney. (Minnesota Statute 523.17, Subdivision 1) (UCB Form 100.2.1 - PDF)
• The affidavit is signed and verified the same day or after the deed is dated or acknowledged, whichever is later. Example: If the deed is dated Jan. 1 and acknowledged Jan. 4, the affidavit must be signed Jan. 4 or later.
  
• If a successor attorney-in-fact is acting, submit the additional affidavit (Minnesota Statute 523.16) (UCB Form 100.2.2 - PDF)​.

Claim made by a person with any interest in registered land arising or created after the date of original registration, which does not appear of the certificate of title.

General requirements

• All documents submitted must be originals or certified copies.
• Certified copies should not be taken apart.
• Proofread all documents and check that the acknowledgement/verification is complete and in the correct form.

Avoid common errors
Per Minnesota Statute 508.70, see UCB Form 40.7.1 - PDF)

If a Transfer on Death Deed was filed on a property, more steps must be taken after the grantor owner's death. To transfer property ownership rights, the beneficiary must file an affidavit. It must be recorded in the county where the land is located.

The Affidavit of Identity and Survivorship on Death Deed must contain:

• Details about the deceased grantor owner
• All beneficiaries, surviving or deceased
  
• A legal description of the real estate
• Recording information from the Transfer of Death Deed
• The address of the individual or entity who should receive future tax statements.

Include an official (certified) copy of the grantor owner's death certificate. Also, provide a clearance certificate from the Minnesota Department of Human Services. 

Affidavit of Identity and Survivorship for Transfer on Death Deed

A trustee's deed is a deed to be executed by a person serving as a trustee in their appointed capacity. Only individual and testamentary trust deeds need examiner's approval. Approval is not required for corporate (bank) trust deeds.

General requirements

• All documents submitted must be originals or certified copies.
• Certified copies should not be taken apart.
• Proofread all documents and check that the acknowledgement/verification is complete and in the correct form.

Avoid common errors
Before you submit your trustee's deed, certificate of trust and affidavit of trustee, check to make sure:

• The affidavit is signed and verified the same day or after the deed is dated and executed, whichever is later. Example: Deed is dated Jan. 1; deed is acknowledged Jan. 4; the affidavit must be signed Jan. 4 or later.
• The affidavit has the correct date (and recording information if already recorded) of the certificate of trust.
• Paragraph 3 of the affidavit is filled in with information about the trustee's deed you want to file. The three blanks are for the grantor, grantee and date of the trustee's deed.
• You are using the current statutory forms for the certificate of trust. 
• See UCB Form​ ​90.1.1 - PDF if the trustee is an individual
• SeeUCB Form 90.1.2 - PDF if the trustee is a business entity (Minnesota Statute 501C.1013).
• You are using the current statutory form for the affidavit of trustee.
• See UCB For​m 90.1.1 - PDF for an inter vivos trust
• See UCB Form 90.1.4 - PDF for a testamentary trust (Minnesota Statute 501C.1014)

This registers real estate out of the Abstract system and into the Torrens system. To register title of land and bring it under the Torrens System, a District Court action must be brought. This is in accordance with Minnesota Statute Chapter 508. The process for an initial registration is complex real estate law. We recommend you hire an experienced attorney to assist you.  

As the petitioner in a proceedings subsequent, it is your responsibility to provide a copy of your filed petition to our office.

An examiner may give a written directive to the registrar of titles. This could direct the registrar to take action that affects a Certificate of Title or memorials.

Directives are issued based on the Examiner's statutory authority. They can administratively affect or transfer title. They can include corrections to a name on the Certificate of Title or remove certain memorials. 

Name Change Affidavit (Minnesota Statute 508.71, Subd. 3​)
Name Change Affidavit Templa​te
Directive Request Form