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Minnesota Transfer on Death Deed Guide
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Minnesota Transfer on Death Deed Guide

Minnesota transfer on death deed under Minn. Stat. 507.071: how it passes real estate outside probate, how to record and revoke it, and creditor effects.

By Settled Editorial

A Minnesota transfer on death deed lets you name who gets your real estate when you die, without sending that property through probate. You sign and record the deed now, you keep full ownership and control while you are alive, and the property passes to the person you named only after you die. Minnesota authorizes this deed by statute at Minn. Stat. 507.071.

People sometimes call it a beneficiary deed or a TOD deed. The names mean the same thing in Minnesota. This guide walks through what the deed does, how to execute and record it, how to revoke it, and how it interacts with creditors and Minnesota's medical assistance estate recovery rules.

Use this as a plain-language map, not as legal advice or a fill-in form.

What a Transfer on Death Deed Does

A transfer on death deed names a grantee beneficiary who receives your interest in a piece of real property at your death. Under Minn. Stat. 507.071, subd. 2, the deed conveys an interest to the grantee beneficiary, states on its face that it is effective only on the death of the grantor owner, and transfers that interest to the beneficiary when the grantor owner dies.

Here is the key point. The deed does nothing to your title while you are alive. The same subdivision says that until a transfer on death deed becomes effective, it has no effect on title to the real property described in the deed. You still own the property outright. You can live in it, rent it, sell it, refinance it, or change your mind.

When you die, the named beneficiary takes the property outside probate. They do not have to open an estate or wait for a court process for that property. That is the whole appeal: a single, low-cost way to keep one piece of real estate out of Minnesota probate.

You Keep Full Control While You Are Alive

A transfer on death deed gives the beneficiary nothing while you live. Under Minn. Stat. 507.071, subd. 18, the signature, consent, agreement, or notice of the grantee beneficiary is not required during the grantor owner's lifetime, and you do not even have to deliver the deed to them. You can name a beneficiary who never learns about it.

Because you keep full ownership, you keep full power to deal with the property. If you sell or otherwise convey the property to someone else after recording the deed, the transfer on death deed simply has nothing left to pass. Under Minn. Stat. 507.071, subd. 10, when a grantor owner conveys all or part of the interest to a third party by means other than a transfer on death deed, no transfer of the conveyed interest occurs at death. In plain terms, a later sale wins. The beneficiary only ever receives what you still own at death.

This is why a transfer on death deed pairs well with the rest of a plan. It does not lock you in, and it does not tie up the property the way a co-ownership arrangement can.

How to Execute and Record the Deed

A transfer on death deed only works if you handle two steps correctly: execute it like a real deed, and record it before you die.

Execute It Like Any Minnesota Deed

Under Minn. Stat. 507.071, subd. 2, the deed must comply with all provisions of Minnesota law that apply to deeds of real property. In practice that means:

  • Put it in writing and identify the real property by its legal description, not just a street address.
  • Name one or more grantee beneficiaries.
  • State clearly that the deed is effective only on the death of the grantor owner.
  • Sign it as the property owner.
  • Have your signature acknowledged before a notary, the same as any Minnesota deed.

A power of attorney can sign for you in some cases. Under Minn. Stat. 507.071, subd. 7, an attorney-in-fact may execute a transfer on death deed when the power of attorney grants authority to execute deeds.

Record It Before Death, in the Right County

This is the step that decides whether the deed works at all. Under Minn. Stat. 507.071, subd. 8, a transfer on death deed is valid only if it is recorded, in a county where at least part of the property is located, before the death of the grantor owner.

Read that again, because it is a hard line. A deed that is signed and notarized but never recorded does nothing. A deed recorded the day after you die does nothing. If the property is not recorded in time, it passes through your estate instead. Record the deed with the county recorder or registrar of titles for the county where the land sits, and keep proof that it was recorded.

How to Revoke or Change It

One of the best features of a transfer on death deed is that you are never stuck with it. You can change your mind for any reason, at any time, without asking the beneficiary.

Under Minn. Stat. 507.071, subd. 10, you can revoke the deed at any time, and the revocation is effective only if it is recorded, in a county where at least part of the property is located, before your death. You generally have two clean ways to do it:

  1. Record an instrument of revocation. Sign and acknowledge a written revocation that refers to the recorded deed, then record it before you die.
  2. Record a new transfer on death deed. A later recorded deed that names a different beneficiary controls over the earlier one.

A third path is simply to sell or convey the property during your life, which leaves the transfer on death deed with nothing to pass, as covered above.

You cannot revoke a transfer on death deed through your will. Under Minn. Stat. 507.071, subd. 19, a transfer on death deed is not revoked by the provisions of a will. Writing "I leave the house to someone else" in your will does not undo a recorded deed. To change where the property goes, you have to record a revocation or a new deed.

Naming More Than One Beneficiary

A transfer on death deed can name several beneficiaries. Under Minn. Stat. 507.071, subd. 4, you can have multiple grantee beneficiaries take title as joint tenants, as tenants in common, or in any other valid form of ownership. Spell out which one you want, because the form of ownership changes what happens when one of them later dies.

The statute also handles what happens if a beneficiary dies before you do. If you name joint tenants and one grantee dies before you with no successor beneficiary named, Minn. Stat. 507.071, subd. 4 makes the surviving joint tenants the successors, and no interest lapses. You can also name successor (alternate) beneficiaries to catch a gift that would otherwise fail. If every named beneficiary and successor dies before you, the deed is void and the property passes through your estate.

Because lapse and survivorship language can be technical, this is a good spot to get a Minnesota attorney to review the wording before you record.

Creditors and Medical Assistance Estate Recovery

A transfer on death deed avoids probate, but it does not erase debts tied to the property or wipe out the state's recovery rights. The beneficiary takes the property subject to what was already attached to it.

Under Minn. Stat. 507.071, subd. 3, the interest passes subject to all effective conveyances, assignments, contracts, mortgages, deeds of trust, liens, security interests, judgments, and tax liens, and subject to any claim or lien by a state or county agency authorized by Minnesota Statutes sections 246.53, 256B.15, 256D.16, 261.04, and 514.981.

That list matters for one reason in particular. Minnesota's medical assistance (Medicaid) estate recovery program runs through Minn. Stat. 256B.15, which is named right in the transfer on death deed statute. So if you received medical assistance for long-term care and used a transfer on death deed to pass your home, the state can still pursue a claim against that property for what it paid. The deed does not shield the property from medical assistance estate recovery.

While you are alive, your own creditors can still reach the property as they normally could, because you still own it. After death, the beneficiary inherits any mortgage, lien, or judgment that was already on the property and must deal with it.

If long-term care and Medicaid are a real concern for you, talk with an elder law attorney before relying on a transfer on death deed. The recovery exposure is the single biggest reason a transfer on death deed may not be the right tool for your situation.

When a Transfer on Death Deed Fits

A transfer on death deed tends to make sense when:

  • You own a single Minnesota property, often a home, and want it to pass to one person or a clear group without probate.
  • You want to keep full control while you are alive, including the freedom to sell or refinance.
  • You want a low-cost, easy-to-revoke plan and your situation is straightforward.

It is usually not the right fit when:

  • Medical assistance estate recovery is a live concern, since the property stays subject to those claims.
  • Your family situation is complex, such as a blended family or a beneficiary who needs protection or staged distributions.
  • The homestead descent rules could reshape who takes the property. Minnesota's homestead descent statute, Minn. Stat. 524.2-402, can give a surviving spouse or descendants rights in the homestead, and those rights interact with how your real estate passes. Confirm with an attorney how the rules apply to your home.

For a single home, a transfer on death deed can reach the same probate-avoidance result as a trust at a fraction of the cost. A trust earns its keep when you need incapacity planning, more than one property, privacy across your whole estate, or control over how and when beneficiaries receive their share. Our national will vs. trust guide walks through that trade-off.

Frequently Asked Questions

Does the beneficiary have to agree to the deed?

No. Under Minn. Stat. 507.071, subd. 18, you do not need the beneficiary's signature, consent, or even notice during your lifetime, and you do not have to deliver the deed to them. They take the property only at your death, and only if you have not revoked the deed or sold the property first.

What happens if I sell the property after recording the deed?

The sale controls. Under Minn. Stat. 507.071, subd. 10, a later conveyance to a third party by a means other than a transfer on death deed stops any transfer of that interest at death. The beneficiary only ever receives what you still own when you die.

Can a will override the deed?

No. Under Minn. Stat. 507.071, subd. 19, a transfer on death deed is not revoked by the provisions of a will. To change where the property goes, record a revocation or a new transfer on death deed before death.

Does a mortgage carry over to the beneficiary?

Yes. Under Minn. Stat. 507.071, subd. 3, the property passes subject to mortgages, liens, judgments, and tax liens already attached to it. The beneficiary takes the property with that debt, not free of it.

Will the deed protect my home from Medicaid recovery?

No. The statute lists claims under Minn. Stat. 256B.15, Minnesota's medical assistance estate recovery program, among the claims the transferred property remains subject to. Talk with an elder law attorney if long-term care benefits are part of your picture.

How This Fits Into Your Estate Plan

A transfer on death deed is one tool, not a whole plan. It moves a single property at death and does nothing else. A fuller Minnesota plan usually pairs it with:

If you are starting from scratch, the Minnesota estate planning basics guide shows how these documents fit together. To see how an estate moves through the courts when probate cannot be avoided, start at the Minnesota probate guide.

The Bottom Line

A Minnesota transfer on death deed, authorized by Minn. Stat. 507.071, is a simple, revocable way to pass one piece of real estate outside probate. It has no effect while you are alive, so you keep full ownership and can sell, refinance, or change your mind. Two rules decide whether it works: execute it like any Minnesota deed and record it in the right county before you die. It does not protect the property from medical assistance estate recovery or from liens already attached to it. If Medicaid recovery or a complex family situation is in the picture, sit down with a licensed Minnesota attorney before you record anything.

Official Sources

Sources

This guide is general information, not legal advice. Consult a qualified attorney about your situation. It is not legal advice.

Information current as of June 19, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Minnesota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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