Minnesota: Transfer-on-Death Deed Requirements
The short answer
Yes. Minnesota calls it a 'transfer on death deed' (TODD) and has allowed it since 2008 under its own statute, Minn. Stat. § 507.071. You sign a deed that expressly says it takes effect only at your death, acknowledge it before a notary — no witnesses are required — and record it with the county recorder (or registrar of titles for Torrens land) before you die; an unrecorded TODD is void. You keep full control during life and can revoke it any time. Two Minnesota-specific points: if you are married, your spouse generally must join or consent, and after your death the property stays exposed to the state's medical-assistance (Medicaid) claims — your beneficiary usually must record a county 'clearance certificate' to clear title.
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This is the general rule in Minnesota. Ezel applies current Minnesota law to your specific facts and answers with citations to the statutes.
| Governing law | Minnesota's own 'Transfer on Death Deeds' statute, Minn. Stat. § 507.071 (enacted 2008) — a bespoke pre-Uniform-Act scheme, NOT the Uniform Real Property Transfer on Death Act. Last substantively amended by 2024 c 91 (grantee's insurable interest plus technical/conforming changes) and 2025 c 38 (state-agency name update); current in the 2025 Minnesota Statutes. The recipient is the 'grantee beneficiary,' the owner the 'grantor owner' |
|---|---|
| TOD deed available? | Yes. A deed 'that expressly states that the deed is only effective on the death of one or more of the grantor owners, transfers the interest to the grantee beneficiary upon the death of the grantor owner' (§ 507.071, subd. 2). Minnesota's term is 'transfer on death deed' (TODD); a spouse may join solely to release marital interests without becoming a grantor owner (subd. 1) |
| How to sign it | The grantor owner signs; the grantee beneficiary never signs and need not be told of the deed (subd. 18). The deed 'must comply with all provisions of Minnesota law applicable to deeds of real property,' including §§ 507.02, 507.24, 507.34 (subd. 2), so it must be acknowledged before a notary; it must be 'executed, acknowledged, and recorded' (subd. 19). NO witnesses are required. If the grantor owner is married, the spouse must join or consent in writing to release marital/homestead interests (§ 507.02; subd. 2). An attorney-in-fact with deed authority may execute it (subd. 7) |
| Recording requirement | Recording before death is what makes it work: valid 'if the deed is recorded ... before the death of the grantor owner' in a county where at least part of the property lies (subd. 8); until then it 'has no effect on title' (subd. 2), and if never recorded (or all beneficiaries are gone) it is void (subd. 12). Record with the county recorder (abstract land) or registrar of titles (Torrens land). There is NO fixed signing-to-recording deadline (unlike California's 60 days or Nebraska's 30) |
| Revoking it | Revocable any time before death (subd. 10). Recorded methods: (a) a recorded instrument of revocation before death (subd. 10(a), subd. 25); (b) a later TODD — the one with the latest acknowledgment date that is recorded before death controls (subd. 13); or (c) an inter vivos conveyance out of the owner's hands, which makes the TODD ineffective as to the conveyed interest (subd. 10(b)). A TODD 'is not revoked by the provisions of a will' (subd. 19); a later divorce revokes a transfer to the former spouse (subd. 10(c), § 524.2-804) |
| Eligible property & owner | Any interest in Minnesota real property transferable at death — fee interests, mortgages, contract-for-deed interests, liens (subd. 1(e)). The owner may hold individually, as a joint tenant, or as a tenant in common. Joint tenancy: a TODD does NOT sever it, and a surviving joint tenant's right of survivorship 'shall prevail over a grantee beneficiary ... unless the deed specifically states that it severs the joint tenancy' (subd. 6). A TODD reaches only property owned at death; after-acquired property is excluded unless the deed says otherwise (subd. 21) |
| Beneficiary survival & effect | The transfer is 'subject to the survivorship provisions ... of section 524.2-702' — the beneficiary must survive the owner by 120 hours (subd. 2). Multiple beneficiaries take in the form the deed states; if a grantee joint tenant predeceases with no named successor, the surviving joint tenants take and 'no interest lapses' (subd. 4). Minnesota has an ANTI-LAPSE rule: if a predeceasing beneficiary is a grandparent or descendant of a grandparent of the owner, that beneficiary's surviving issue take in their place (subd. 11). If all beneficiaries and successors fail to survive, no transfer occurs and the deed is void (subd. 12). The beneficiary takes subject to all mortgages and liens existing at death, without exoneration (subd. 3, subd. 15) |
| Creditor & Medicaid reach | During life the deed has no effect on title and the owner keeps full control (subd. 2); the beneficiary's not-yet-effective interest is beyond the reach of the beneficiary's creditors (subd. 22). Minnesota's distinctive feature is after death: the property stays subject to the deceased owner's creditors and, expressly, to the state's and county's MEDICAL ASSISTANCE (Medicaid) claims and liens under §§ 246.53, 256B.15, 256D.16, 261.04, 514.981 if other estate assets are insufficient, and the beneficiary is 'liable to account' up to the value received (subd. 3). To clear title the beneficiary generally must obtain and record a county-agency CLEARANCE CERTIFICATE (subd. 3, subd. 23) |
Compare this rule across all 50 states + DC →
Minnesota lets you leave real estate to someone without probate using a transfer on death deed —
abbreviated "TODD." Minnesota did not adopt the Uniform Real Property Transfer on Death Act; it has
its own, older statute, Minn. Stat. § 507.071, in force since 2008. You record a deed now that names
a "grantee beneficiary." Nothing happens while you are alive — the deed "has no effect on title" and you
keep full ownership and control (subd. 2) — and when you die, the property passes automatically to the
person you named.
Two rules matter most. First, the deed is valid only if you record it before you die (subd. 8), with
the county recorder (for ordinary "abstract" land) or the registrar of titles (for Torrens/registered
land). Second, Minnesota puts a medical-assistance (Medicaid) hook on the transfer: after death the
property stays reachable for the state's and county's medical-assistance claims, and your beneficiary
usually has to record a county "clearance certificate" before title is clean (subd. 3).
Requirements one by one
Signing and notarizing it
You sign the deed as "grantor owner," and it must expressly state that it is effective only on your
death (subd. 2). A transfer on death deed "must comply with all provisions of Minnesota law applicable
to deeds of real property," including the acknowledgment and recording sections §§ 507.02, 507.24, 507.34
(subd. 2), and it must be "executed, acknowledged, and recorded" (subd. 19) — so it has to be
acknowledged before a notary. Minnesota does not require witnesses. Your grantee beneficiary does
not sign, consent, or need to be told about the deed (subd. 18). If someone else holds your power of
attorney with authority over deeds, that attorney-in-fact can sign for you (subd. 7).
If you are married: your spouse must join or consent
Because Minnesota protects marital and homestead interests, if you are married your spouse generally
must join in the deed or consent to it in writing to release those interests (§ 507.02, applied through
subd. 2). A spouse who joins "solely for the purpose of conveying or releasing" marital interests does
not become a grantor owner (subd. 1) — they are releasing rights, not giving away their own property.
Recording before death — the make-or-break step
A TODD is "valid if the deed is recorded ... before the death of the grantor owner" in a county where at
least part of the property sits (subd. 8). Until it is recorded and you have died, it "has no effect
on title" (subd. 2); a deed left unrecorded, or recorded only after death, is void (subd. 12). Record it
with the county recorder for abstract land or the registrar of titles for Torrens land. Unlike
California (60 days) or Nebraska (30 days), Minnesota sets no deadline measured from signing — but the
deed must be on record before you die.
Naming beneficiaries, successors, and what happens if one dies first
You can name one grantee beneficiary or several, in whatever ownership form you choose, plus successor
beneficiaries (subd. 4, subd. 5). The beneficiary must survive you by 120 hours (five days) under
§ 524.2-702 (subd. 2). If you name co-beneficiaries as joint tenants and one dies before you with no named
successor, "the surviving joint tenants are the successors and no interest lapses" (subd. 4). Minnesota
also has an anti-lapse rule: if a beneficiary who is your grandparent or a descendant of your
grandparent dies before you, that person's surviving issue take in their place (subd. 11). If everyone
you named — and every successor — fails to survive you, the deed is void and the property passes through
your estate (subd. 12).
Revoking it
You can revoke the deed any time before death (subd. 10). Record an instrument of revocation
(subd. 10(a); a statutory form is in subd. 25); record a new TODD — among competing deeds, the one
with the latest acknowledgment date that is recorded before death controls (subd. 13); or simply
convey the property away during life, which makes the TODD ineffective as to what you conveyed
(subd. 10(b)). A TODD "is not revoked by the provisions of a will" (subd. 19), and under § 524.2-804 a
later divorce automatically revokes a transfer to your former spouse (subd. 10(c)).
Co-owners and joint tenancy
A TODD "is not severed or affected" by a joint tenancy, and a surviving joint tenant's right of
survivorship prevails over your named beneficiary "unless the deed specifically states that it severs
the joint tenancy ownership" (subd. 6). If you own with someone as joint tenants, all owners must sign
for the deed to transfer the whole property, and it takes effect only after the last owner dies
(subd. 6). In short, survivorship comes first unless the deed clearly overrides it.
Creditors, your estate, and medical assistance (Medicaid)
During your life the beneficiary has no interest, and their future interest cannot be taken by the
beneficiary's creditors (subd. 22). After death, the beneficiary takes subject to every mortgage, lien,
and encumbrance existing at your death, with no right to have the estate pay them off (subd. 3,
subd. 15). Minnesota's signature rule is the medical-assistance exposure: if your other estate assets
are not enough, the property remains subject to the state's and county's medical-assistance claims and
liens (§§ 246.53, 256B.15, 256D.16, 261.04, 514.981), and your beneficiary is "liable to account" to the
county agency up to the value of what they received (subd. 3).
What trips people up
- Your spouse almost always has to sign. If you are married, a TODD on your home generally needs your
spouse to join or consent in writing to release marital and homestead rights (§ 507.02, subd. 2). Leave
the spouse off and the transfer can be defeated by those rights. - A county "clearance certificate" stands between your beneficiary and clean title. To show the
medical-assistance claims are cleared, "the beneficiary must record a clearance certificate" from the
county agency (subd. 3, subd. 23). This is a distinctly Minnesotan step people do not expect. - Your will cannot revoke or override a recorded TODD. A properly recorded TODD "is not revoked by the
provisions of a will" (subd. 19). Record a revocation or a new TODD instead. - Joint tenancy beats a TODD. If you own as joint tenants, the surviving joint tenant takes unless the
deed expressly severs the joint tenancy (subd. 6). - After-acquired property is not covered by default. A TODD reaches only what you own at death unless
the deed says it also covers later-acquired interests (subd. 21).
Common questions
Do I need witnesses or a lawyer? No witnesses — just your signature and a notary's acknowledgment
(subd. 2, subd. 19). Because the spouse-consent, medical-assistance, and joint-tenancy rules are easy to
get wrong and mistakes surface only after death, having a Minnesota attorney review the deed is worthwhile.
Does my beneficiary get any rights while I'm alive? No. The deed "has no effect on title" until you
die (subd. 2), and the beneficiary's future interest cannot be reached by their creditors, garnished, or
assigned before then (subd. 22). You can sell, mortgage, or revoke freely.
Will a TODD protect my home from Medicaid estate recovery? No. Minnesota expressly keeps the property
subject to the state's and county's medical-assistance claims after death when other estate assets fall
short (subd. 3). A TODD avoids probate; it does not shield the home from medical-assistance recovery.
Can I use a TODD for Torrens (registered) property? Yes. Record it with the registrar of titles
rather than the county recorder; a new certificate of title issues to your beneficiary after your death,
once the clearance and survivorship steps are met (subd. 8, subd. 20).
Statutes and sources
- Minn. Stat. § 507.071, subd. 2 (effect; no effect on title until death; must comply with deed law / notary acknowledgment) — https://www.revisor.mn.gov/statutes/cite/507.071 (accessed 2026-07-11)
- Minn. Stat. § 507.071, subd. 3 (subject to liens; state/county medical-assistance claims; beneficiary liable to account; clearance certificate) — https://www.revisor.mn.gov/statutes/cite/507.071 (accessed 2026-07-11)
- Minn. Stat. § 507.071, subd. 4 (multiple grantee beneficiaries; no lapse among surviving joint-tenant grantees) — https://www.revisor.mn.gov/statutes/cite/507.071 (accessed 2026-07-11)
- Minn. Stat. § 507.071, subd. 6 (joint tenancy not severed; surviving joint tenant prevails) — https://www.revisor.mn.gov/statutes/cite/507.071 (accessed 2026-07-11)
- Minn. Stat. § 507.071, subd. 8 (valid only if recorded before death; county recorder / registrar of titles) — https://www.revisor.mn.gov/statutes/cite/507.071 (accessed 2026-07-11)
- Minn. Stat. § 507.071, subd. 10 (revocation by recorded instrument, later deed, or inter vivos conveyance; divorce via 524.2-804) — https://www.revisor.mn.gov/statutes/cite/507.071 (accessed 2026-07-11)
- Minn. Stat. § 507.071, subd. 11 (anti-lapse for grandparent-line beneficiaries) — https://www.revisor.mn.gov/statutes/cite/507.071 (accessed 2026-07-11)
- Minn. Stat. § 507.071, subd. 18 (beneficiary need not sign, consent, or be notified) — https://www.revisor.mn.gov/statutes/cite/507.071 (accessed 2026-07-11)
- Minn. Stat. § 507.071, subd. 19 (not revoked by will) — https://www.revisor.mn.gov/statutes/cite/507.071 (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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