Avoiding Common Errors

Approval is only required if an individual granted the power of attorney. Approval is not required for corporate (bank) attorney-in-fact deeds.

To 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 358.48, clause 2).
• 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: deed is dated January 1; deed is acknowledged January 4; the affidavit must be signed January 4 or later.
• If a successor attorney-in-fact is acting, you are submitting the additional affidavit (Minnesota Statute 523.16) (UCB Form 100.2.2 (PDF)).

Claim of unregistered interest

Divorce decree

A decree of dissolution or summary real estate disposition judgment must be approved to transfer title if there is no deed from the divested owner.

Probate transfer

Includes deed of sale, deed of distribution, decree of distribution, decree of descent, summary assignment.

Before you submit your deed from a personal representative and probate documents, check to make sure:

• The deed is dated and acknowledged the same day or before the certification date of the letters.
• The deed is dated and acknowledged at least 30 days after the issuance of the "letters" in an informal probate.
• The required Notice to Commissioner of Human Services (UCB Form 70.3.1 (PDF)) and Affidavit (UCB Form 70.3.4 (PDF)), (Minnesota Statute 524.3-801) accompany your Deed of Distribution/Decree of Distribution.
• If 70 days have not passed from the day notice was served on the commissioner, you are also submitting a consent to early distribution (UCB Form 70.3.7 (PDF)).

Trustee's deed/plat signed by trustee

Only individual and testamentary trust deeds need examiner’s approval. Approval is not required for corporate (bank) trust deeds.

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 January 1; deed is acknowledged January 4; the affidavit must be signed January 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 3 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, or UCB 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 Form 90.1.3 (PDF) for an inter vivos trust, or UCB Form 90.1.4 (PDF) for a testamentary trust (Minnesota Statute 501C.1014).