Transfer on death deed in Minnesota

Minnesota at a glance

TOD deed for real estate

Yes

Name in Minnesota law

Transfer on death deed (TODD)

Law

Minn. Stat. § 507.071

Notary

Required

Witnesses

None

When to record

Before the death

Where to record

County recorder (abstract property) or registrar of titles (Torrens/registered property) in a county where any part of the land is located

After-death document

Affidavit of identity and survivorship (with a certified copy of the death record) plus a clearance certificate from the county agency

Notice to heirs

Not required

Official form

Yes

Your checklist

Pick where you are. It runs in your browser; nothing you enter is sent.

Making a valid TOD deed in Minnesota

• What the law does. A recorded deed that says it takes effect only at the owner's death passes Minnesota real property to the named grantee beneficiary at death without probate. Until then it has no effect on title.
• Signing. The owner signs a deed that meets all of Minnesota's ordinary deed rules (§§ 507.02, 507.24), including acknowledgment before a notary. The statutory form ends with an acknowledgment. No witnesses are required. A spouse who is not an owner may join or consent in writing; doing so gives up that spouse's marital rights in the property at death. An attorney-in-fact can sign if the power of attorney allows deeds. The statute sets no special capacity standard.
• Recording. The deed is valid only if it is recorded before the owner dies, in a county where part of the land is located. There is no deadline in days after signing. No auditor's tax certification or certificate of real estate value is required to record it.
• Payment, delivery, acceptance. During the owner's life, the beneficiary does not need to sign, consent, be told, or receive the deed.
• Form. Statutory form in subd. 24 (deed) and subd. 25 (revocation). Minnesota Uniform Conveyancing Blanks from the Commerce Department: 10.8.1 (unmarried), 10.8.2 (married, sole spouse in title), 10.8.3 (married joint tenants), 10.8.10 (revocation).

Changing it, and who you can name

• Revoking or changing. Any grantor owner can revoke the whole deed by recording a revocation before death (statutory form in subd. 25). A later TOD deed with a later acknowledgment date, recorded before death, replaces an earlier one. Selling or deeding the property to someone else defeats the TOD deed as to that interest. A will cannot revoke it. Divorce automatically revokes a gift to a former spouse (§ 524.2-804).
• Beneficiaries. Individuals, trustees of revocable or testamentary trusts, and other entities may be named. Several beneficiaries can take as joint tenants or tenants in common, and successor beneficiaries can be named. Beneficiaries must survive the owner by 120 hours (§ 524.2-702). If a beneficiary who is a grandparent or a grandparent's descendant dies first, that person's surviving issue take the share; in that case a court order is also needed to record title. If no one survives, the deed is void.

After the owner dies

• Document. Affidavit of identity and survivorship (with a certified copy of the death record) plus a clearance certificate from the county agency
• Where. County recorder or registrar of titles in each county where the property is located
• Steps. Get a clearance certificate for public-assistance (Medical Assistance) claims from the county agency where the land is. Record it with an affidavit of identity and survivorship and a certified copy of the death record, in each county where the land is. The documents can be combined. The affidavit must give the name and address for future tax statements. The statute says the beneficiary 'must' record the clearance certificate to show compliance with the Medical Assistance rules. No deadline is set.

Debts, Medicaid and the spouse

• Creditors and Medicaid. The beneficiary takes the property subject to all mortgages, liens, and judgments at death, and to claims of a spouse who did not join the deed. If the rest of the estate is not enough, the beneficiary must repay state or county Medical Assistance and other public-assistance claims (§ 256B.15 and related sections), up to the value of the interest received. Before death, the beneficiary's expected interest cannot be reached by the beneficiary's own creditors.
• Surviving spouse. If a spouse who is not an owner signs or consents in writing, the spouse gives up marital rights in the property. Otherwise the transfer remains subject to the surviving spouse's claims. Legal aid notes that a TODD cannot cut off a spouse's inheritance interest in the home.

Good to know in Minnesota

• The original act (2008 c. 341, art. 2) is effective August 1, 2008. It applies to instruments recorded on or after that date, whenever signed. It was amended in 2009, 2010, 2014, 2024, and 2025.
• The deed does not cover property acquired after signing unless it says so (subd. 21).
• Legal aid notes that homeowner's insurance continues for 30 days after death, and that a TODD should be used with care for a minor or for a beneficiary on needs-based disability benefits.

Official pages

• Minnesota TOD deed form
• Minnesota statute
• Minnesota self-help page
• No TOD deed or other plan? How Minnesota handles a small estate without probate →

Sources

• Minn. Stat. § 507.071 Transfer on death deeds (revisor.mn.gov) (read October 28, 2026)
• Laws of Minnesota 2008, ch. 341 (art. 2 effective date) (read October 28, 2026)
• LawHelpMN - Transfer on Death Deeds fact sheet (read October 28, 2026)
• MN Commerce Uniform Conveyancing Blank 10.8.1 Transfer on Death Deed - Unmarried (read October 28, 2026)

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.