Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED — MINNESOTA

TABLE OF CONTENTS

1. Instructions and Overview
2. Transfer-on-Death Deed Form
3. Revocation of Transfer-on-Death Deed
4. Recording Requirements
5. Multiple Beneficiaries
6. Effect at Grantor Owner's Death
7. Liens, Mortgages, and Encumbrances
8. State-Specific Notes
9. Sources and References

1. INSTRUCTIONS AND OVERVIEW

Checklist — Before Recording:

☐ Grantor owner has verified legal ownership of the property

☐ Legal description has been verified against the current deed of record or certificate of title

☐ Property identification number (PID) has been confirmed

☐ All grantee beneficiaries are identified by full legal name

☐ Deed has been reviewed by a licensed Minnesota attorney

☐ Deed has been acknowledged before a notary public (or other authorized officer)

☐ Deed will be recorded in each county where the property is located

☐ Grantor owner understands the deed is revocable and has no effect until death

☐ State Deed Tax and Conservation Fee considerations reviewed

☐ eCRV (electronic Certificate of Real Estate Value) requirements reviewed if applicable

2. TRANSFER-ON-DEATH DEED FORM

TRANSFER-ON-DEATH DEED (TODD)

Pursuant to Minnesota Statutes § 507.071

(top 3 inches reserved for recorder's use)

Property Tax Identification Number (PID): [________________________________]

Property Address: [________________________________], [________________________________], Minnesota [____]

NOTICE

THIS TRANSFER-ON-DEATH DEED DOES NOT TRANSFER OWNERSHIP OF THE PROPERTY UNTIL THE GRANTOR OWNER'S DEATH. THE GRANTOR OWNER RETAINS FULL POWER AND AUTHORITY OVER THE PROPERTY DURING HIS OR HER LIFETIME. THIS DEED IS REVOCABLE.

GRANTOR OWNER INFORMATION

I, [________________________________] ("Grantor Owner"), of [________________________________] (city), County of [________________________________], State of Minnesota, being the owner of the real property described below, hereby make this Transfer-on-Death Deed pursuant to Minn. Stat. § 507.071.

Date of Birth: [__/__/____]
Marital Status: [________________________________]

GRANTEE BENEFICIARY DESIGNATION

I designate the following individual(s) as grantee beneficiary(ies) to receive the described real property, effective upon my death:

Primary Grantee Beneficiary(ies):

Alternate Grantee Beneficiary (if all primary grantee beneficiaries predecease Grantor Owner):

Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]

PROPERTY DESCRIPTION

The real property subject to this Transfer-on-Death Deed is located in the County of [________________________________], State of Minnesota, and is more particularly described as follows:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Property Tax Identification Number (PID): [________________________________]

☐ Abstract Property
☐ Torrens (Registered) Property — Certificate of Title No. [________________________________]

TRANSFER-ON-DEATH DESIGNATION

Pursuant to Minn. Stat. § 507.071, I hereby declare that this deed conveys my interest in the above-described real property to the designated Grantee Beneficiary(ies) and that this deed is effective only on my death.

I understand and acknowledge that:

1. This deed has no effect on title until my death (§ 507.071, subd. 2).
2. I retain full ownership and control of the property during my lifetime.
3. I may revoke this deed at any time before my death (§ 507.071, subd. 4).
4. The grantee beneficiary receives no interest in the property until my death.
5. This deed does not require delivery to or acceptance by the grantee beneficiary.
6. This deed is nontestamentary.
7. The grantee beneficiary must survive me by 120 hours to receive the property (§ 524.2-702).
8. The property transfers subject to all existing encumbrances at the time of my death.

GRANTOR OWNER'S SIGNATURE

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SPOUSE'S CONSENT (If Homestead Property)

I, [________________________________], spouse of the Grantor Owner, hereby consent to this Transfer-on-Death Deed pursuant to Minn. Stat. § 507.02.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF MINNESOTA
COUNTY OF [________________________________]

On this [____] day of [________________________________], [____], before me, the undersigned notary public, personally appeared [________________________________] (and [________________________________], spouse), known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the same voluntarily for the purposes therein contained.

Witness my hand and official seal.

Notary Public: ________________________________________
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

THIS INSTRUMENT WAS DRAFTED BY:

[________________________________]
[________________________________] (Attorney License No. [________________________________])

3. REVOCATION OF TRANSFER-ON-DEATH DEED

Under Minn. Stat. § 507.071, subd. 4, a TODD may be revoked by:

Method 1: Instrument of Revocation

☐ Execute and acknowledge a written revocation instrument

☐ Record the revocation in the same county where the TODD was recorded

Method 2: Subsequent TODD

☐ Execute a new TODD for the same property

☐ Record the new TODD (this revokes the prior TODD to the extent of inconsistency)

Method 3: Inter Vivos Conveyance

☐ Convey the property to another person during your lifetime by recorded deed

4. RECORDING REQUIREMENTS

5. MULTIPLE BENEFICIARIES

• Multiple grantee beneficiaries hold as tenants in common unless the deed specifies otherwise
• To create a joint tenancy, the deed must expressly state this
• Each grantee beneficiary must survive the grantor owner by 120 hours (Minn. Stat. § 524.2-702)
• If a grantee beneficiary does not survive by 120 hours, that share lapses unless an alternate is designated

6. EFFECT AT GRANTOR OWNER'S DEATH

Under Minn. Stat. § 507.071, subd. 2:

• The property transfers to the designated grantee beneficiary(ies) upon the grantor owner's death
• Transfer is subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens, security pledges, and other encumbrances made by the grantor owner during the owner's lifetime
• Creditors, including state and county entities, retain valid encumbrances that existed at the time of death
• The grantee beneficiary receives an insurable interest in the property for purposes of insurance against loss or damage occurring on or after the deed becomes effective

7. LIENS, MORTGAGES, AND ENCUMBRANCES

The TODD does NOT eliminate any existing obligations on the property:

☐ Outstanding mortgages remain in effect and must be satisfied

☐ Property tax liens continue to encumber the property

☐ Judgment liens against the grantor owner survive the transfer

☐ State and county tax liens and claims remain effective

☐ Mechanic's liens and other statutory liens remain effective

☐ HOA assessments and covenants continue to apply

8. STATE-SPECIFIC NOTES

Homestead Property

• Minnesota provides significant homestead protections (Minn. Stat. § 510.01 et seq.)
• Homestead property: up to 160 acres (non-urban) or one-half acre (urban)
• Spousal consent is required for conveyances of homestead property (Minn. Stat. § 507.02)
• If the grantor owner is married, the spouse should sign or provide written consent to the TODD

Minnesota Estate Tax

• Minnesota imposes a state estate tax on estates exceeding $3,000,000 (Minn. Stat. § 291.005 et seq.)
• TOD deed property is included in the taxable estate
• Consult a tax professional regarding estate tax implications

Medicaid / Medical Assistance

• Minnesota Medical Assistance (Medicaid) estate recovery may apply to property transferred by TODD
• A TODD does NOT protect property from Medicaid estate recovery
• Minn. Stat. § 256B.15 governs estate recovery
• Consult an elder law attorney for Medicaid planning

Torrens (Registered) Property

• If the property is registered under the Torrens system, the TODD should be filed with the Registrar of Titles
• Additional requirements may apply for registered land
• A new certificate of title will be issued to the grantee beneficiary upon the grantor owner's death

Divorce / Dissolution

• Under Minn. Stat. § 524.2-804, the dissolution of a marriage may revoke certain nonprobate transfers to the former spouse
• Review any existing TODD after a divorce

Property Tax

• Minnesota's property tax system may "uncap" or reassess property upon transfer
• The Green Acres program and other agricultural property tax programs may be affected
• Consult with the county assessor regarding tax implications

9. SOURCES AND REFERENCES

• Minn. Stat. § 507.071 (Transfer on Death Deeds): revisor.mn.gov
• Minn. Stat. § 524.2-702 (Survivorship Requirements): revisor.mn.gov
• Minn. Stat. § 507.02 (Spousal Consent for Homestead): revisor.mn.gov
• Minn. Stat. § 510.01 et seq. (Homestead): revisor.mn.gov
• Minn. Stat. § 291.005 et seq. (Estate Tax): revisor.mn.gov
• LawHelpMN — Transfer on Death Deeds: lawhelpmn.org

This template is provided for informational and educational purposes only. It does not constitute legal advice. Consult a licensed Minnesota attorney before executing any estate planning document.

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