Minnesota Transfer on Death Deed
A Minnesota transfer on death deed names a beneficiary to receive your real property without probate. It must be notarized and recorded before your death. Attorney review available.
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Introduction
A transfer on death deed in Minnesota is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (Minn. Stat. 507.071). During your life the deed has no effect on your ownership: you keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until you die (Minn. Stat. 507.071, subd. 2). To be valid, the deed must be signed and acknowledged before a notary and must comply with all Minnesota law that applies to deeds of real property, including the acknowledgment rules in Minn. Stat. 507.02. Minnesota does not require witnesses for the deed. The deed is valid only if it is recorded before the death of the grantor owner, with the county recorder or the registrar of titles, in a county where at least part of the property is located (Minn. Stat. 507.071, subd. 8). There is no fixed number of days to record, but recording before death is required. Minnesota provides a statutory form the deed may follow (Minn. Stat. 507.071, subd. 24). The deed is revocable during your life by recording a revocation before death, by recording a later transfer on death deed with a later acknowledgment date, or by conveying the property while you are alive, and a will cannot revoke it (Minn. Stat. 507.071, subd. 10, 13, 19). The beneficiary takes the property subject to any mortgages and liens and to state and county medical assistance claims, and must record a clearance certificate for public assistance claims to clear title (Minn. Stat. 507.071, subd. 3, 20, 23). DocDraft builds your Minnesota transfer on death deed from your facts, with attorney review available before you sign.
Key Things to Know
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In Minnesota a transfer on death deed is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate (Minn. Stat. 507.071).
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During your life the deed has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until you die (Minn. Stat. 507.071, subd. 2).
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The deed must be signed and acknowledged before a notary and must meet all Minnesota deed requirements, including Minn. Stat. 507.02. Minnesota does not require witnesses for the deed.
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The deed is valid only if it is recorded before the death of the grantor owner, with the county recorder or registrar of titles in a county where the property is located (Minn. Stat. 507.071, subd. 8). There is no fixed day deadline, but recording before death is required.
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Minnesota provides a statutory transfer on death deed form the deed may substantially follow (Minn. Stat. 507.071, subd. 24).
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The deed is revocable during your life, by recording a revocation before death, by recording a later transfer on death deed with a later acknowledgment date, or by conveying the property while alive. A will cannot revoke it (Minn. Stat. 507.071, subd. 10, 13, 19).
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The beneficiary takes the property subject to mortgages and liens and to state and county medical assistance claims, and must record a clearance certificate for public assistance claims to clear title (Minn. Stat. 507.071, subd. 3, 20, 23).
Key decisions before you file
Before you file a Transfer on Death Deed in Minnesota, a few decisions shape the document: which option to choose and what each one means. The Transfer on Death Deed guide walks through them.
Open the Transfer on Death Deed guideCustomize your Transfer on Death Deed Template with DocDraft
Once your Transfer on Death Deed is ready, you can check whether it needs to be notarized in Minnesota in about a minute, and notarize it online through DocDraft if it does.
Minnesota Requirements for Transfer on Death Deed
Minnesota provides a statutory transfer on death deed form the deed may substantially follow (Minn. Stat. 507.071, subd. 24). The deed must name a grantee beneficiary and state that it is effective only on the death of the grantor owner.
The full legal description of the property from the current recorded deed, plus the street address and the parcel identification number. A street address alone is not enough to record the deed with the county recorder or registrar of titles.
The full legal name of the grantee beneficiary who will receive the property at the grantor owner death, and a successor beneficiary if the first does not survive. Naming a successor keeps the property out of probate if the first beneficiary dies first.
The grantor owner must sign the deed and have the signature acknowledged before a notary. The deed must meet all Minnesota rules that apply to deeds, including Minn. Stat. 507.02. Without acknowledgment the deed cannot be recorded and is not valid.
Minnesota does not require witnesses for a transfer on death deed. The signing requirement is acknowledgment before a notary, not attestation by witnesses. This differs from a Minnesota will, which does require witnesses.
The deed is valid only if it is recorded before the death of the grantor owner, with the county recorder or registrar of titles in a county where the property is located (Minn. Stat. 507.071, subd. 8). There is no fixed day deadline, so record promptly after signing.
The deed is revocable during the grantor owner life by recording a revocation before death (subd. 10), by recording a later transfer on death deed with a later acknowledgment date (subd. 13), or by conveying the property while alive. A will cannot revoke it (subd. 19).
The beneficiary takes the property subject to mortgages and liens and to state and county medical assistance claims (Minn. Stat. 507.071, subd. 3), and must record a clearance certificate for public assistance claims to clear title (subd. 20, 23).
Does your Transfer on Death Deed need to be notarized in Minnesota?
Whether a Transfer on Death Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Transfer on Death DeedFrequently Asked Questions
In Minnesota it is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (Minn. Stat. 507.071). During your lifetime it has no effect on your ownership: you keep full control and can sell or revoke it, and the beneficiary has no interest until you die. It passes only the property described in the deed.
A Minnesota will directs who inherits your property, but the property still passes through probate, the court process that can take many months. A Minnesota transfer on death deed passes the specific real property it names directly to the beneficiary at your death, outside probate. The will covers your whole estate; the transfer on death deed covers only the real property it describes. Many people use both, so the deed handles the home and the will handles everything else.
You must sign the deed and have your signature acknowledged before a notary, and the deed must meet all Minnesota requirements that apply to deeds, including Minn. Stat. 507.02. Minnesota does not require witnesses. You must then record the deed before your death, with the county recorder or registrar of titles in a county where the property is located (Minn. Stat. 507.071, subd. 8). The deed may follow the statutory form in Minn. Stat. 507.071, subd. 24.
A Minnesota transfer on death deed is valid only if it is recorded before the death of the grantor owner, with the county recorder or the registrar of titles in a county where at least part of the property is located (Minn. Stat. 507.071, subd. 8). There is no fixed number of days after signing, but the deed does nothing if it is not recorded before you die. Recording promptly after you sign is the safest approach.
No. Minnesota requires the grantor owner to sign the deed and have the signature acknowledged before a notary, but it does not require witnesses. The deed must comply with the general Minnesota rules for deeds, including the acknowledgment rules in Minn. Stat. 507.02. This is different from a will, which does have witness requirements in Minnesota.
Yes. A Minnesota transfer on death deed is revocable while you are alive. You can revoke it by recording a revocation before your death (Minn. Stat. 507.071, subd. 10), by recording a later transfer on death deed for the property with a later acknowledgment date (subd. 13), or by conveying the property during your life. A will cannot revoke a Minnesota transfer on death deed (Minn. Stat. 507.071, subd. 19).
No. The beneficiary takes the property subject to any mortgages, liens, and encumbrances that exist at your death, and subject to state and county medical assistance claims and liens under Minnesota law (Minn. Stat. 507.071, subd. 3). To clear title the beneficiary must record a clearance certificate for public assistance claims (Minn. Stat. 507.071, subd. 20, 23). The deed avoids probate for the property, but it does not erase existing debts against it.
Yes. Minnesota provides a statutory transfer on death deed form that the deed may substantially follow (Minn. Stat. 507.071, subd. 24), and a matching revocation form (subd. 25). Using the statutory language helps make sure the deed includes the terms Minnesota requires. The deed still must be acknowledged before a notary and recorded before your death to be effective.