My Account Deeds.com Real Estate Deeds

Minnesota Transfer on Death Deed

Minnesota's transfer on death deeds are governed by Minn. Stat. 507.071.

Transfer on death deeds are useful estate planning tools for owners of Minnesota real estate. In most cases, when a land owner dies, his/her real property enters the probate system along with the rest of the estate. Some people avoid probate by owning property as joint tenants. The nature of joint tenancy includes the right of survivorship, which, by function of law, automatically distributes a deceased joint tenant's title rights to the surviving tenants. Joint tenants, however, share a current interest in the real property, and all owners must execute any changes or reconveyances. By executing and recording a transfer on death deed instead, owners still avoid the need for probate distribution of that portion of their assets. Transfer on death deeds do NOT pass a current or future interest in the property, so the owner's interests are fully protected while he/she remains alive.

Unlike most other real estate deeds, transfer on death deeds do not convey any rights or interests to the beneficiaries until the grantor owner's death. But, under Minn. Stat. 524.2-702, named beneficiaries must outlive the grantor owners by at least 120 hours to become eligible for the property. The owner retains absolute title to and control over the real property until death. He/she may rent, use, sell or reconvey the land at will, and with no obligation to the beneficiary (Minn. Stat. 507.071, subd. 10). As a result, the beneficiary has no guarantee of any present or future interest in the property. In addition, a "transfer on death deed that is executed, acknowledged, and recorded in accordance with this section is not revoked by the provisions of a will" (subd. 19).

Transfer on death deeds allow flexibility -- in addition to individuals, the grantor owner may "transfer an interest in real property to the trustee of an inter vivos trust even if the trust is revocable, to the trustee of a testamentary trust or to any other entity legally qualified to hold title to real property under the laws of this state" (subd. 9).

Under Minn. Stat. 507.071, transfer on death deeds must:

- convey or assign an interest in real property (subd. 2)

- name one or more grantee beneficiaries (subds. 2 and 4)

- explicitly state that it takes effect at the death of the named grantor owner(s)

- comply with other Minnesota deed requirements including joinder of spouse in conveying homestead (507.02, subd. 2)

- standard recording requirements regarding legibility, recordability, notarization, and original signature (507.24)

- Notice recording statutes (507.34, 508.48, 508A.48)

Ultimately, transfer on death deeds offer a useful alternative for Minnesota land owners who wish to pass property to specific beneficiaries without probate intervention.

NOTE: All actions related to executing, revoking, or otherwise changing a Minnesota transfer on death deed must be submitted for recording in the county where at least part of the land is located, while the grantor owner is alive. (507.071, subd. 8).

Important terms:

Grantor owner: "means an owner named as a grantor in a transfer on death deed upon whose death the conveyance or transfer of the described real property is conditioned" (subd. 1c).

Owner: "means a person having an ownership or other interest in all or part of the real property to be conveyed or transferred by a transfer on death deed" (subd. 1d).

Beneficiary or grantee beneficiary: "means a person or entity named as a grantee beneficiary in a transfer on death deed, including a successor grantee beneficiary" (subd. 1a).

Deeds.com Minnesota Transfer on Death Deed Forms Have Been Updated as Recently as Wednesday August 14, 2019

4.7 out of 5 (793 Reviews)

What others like you are saying:


Susan A. said: Very convenient. Instructions and samples are a plus because I often see documents incorrectly completed. Take the time to do it right.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Lajeanne F. said: Your service was as you promoted and I was able to get a copy of my deed and find the information on it I needed. Thank you.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Mark E. said: Thank you for your Swift response. Have docs I was looking for!

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


James D. said: It was very easy to set up the account but then everything is very costly. I didn't see any publications that were free to account holders, so as infrequently I have to do a title search, I may as well just hire an online service to do the legwork too.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Bonnie V. said: I was very pleased with Deeds.Com. It was easy to use.

Reply from Staff: Thank you!


Nancy D. said: Program works well. Saves a lot of time trying to find out what you need to do.

Reply from Staff: Thank you!


Minnesota Transfer on Death Deed Form