Minnesota Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   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).

2. 2

   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).

3. 3

   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.

4. 4

   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.

5. 5

   Minnesota provides a statutory transfer on death deed form the deed may substantially follow (Minn. Stat. 507.071, subd. 24).

6. 6

   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).

7. 7

   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).

Minnesota Requirements for Transfer on Death Deed

• Use the Minnesota Statutory TOD Deed Form

  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.

• Legal Description and Parcel Number

  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.

• Name the Beneficiary and a Successor

  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.

• Notarize the Signature

  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.

• No Witnesses Required

  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.

• Record Before the Owner Death

  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.

• Revocation Only by Statutory Means

  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).

• Plan for Liens and Assistance Claims

  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).