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Minnesota Transfer on Death Deed

A Minnesota transfer on death deed is a document used to convey property from a grantor to a designated beneficiary. This document allows the title transfer to happen outside of probate court upon the grantor’s death. However, the grantor may retain their right to revoke the deed at any time.
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Updated June 05, 2024

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Requirements

  • Notary: Required (§ 507.24(Subd. 8))
  • Recording: Must be recorded with the county recorder’s office in the county where the property is located (§ 507.071(Subd. 8))
  • Witnesses: Not required

Legal Description

A legal description is required to complete a transfer on death deed in Minnesota. This written statement offers the precise location and measurements of the respective property. Formatting varies from property to property.

Legal descriptions can be found on property tax statements, current deeds, or at the county recorder’s office.

Example

“Lot 10, Block 7, Lewisburg Addition, according to the map or plat thereof recorded in Volume 12, Page 19, Plat Records, Hennepin County, Minnesota.”

Revocation

In Minnesota, a transfer on death deed can be revoked — or canceled — at any time before the property owner’s death. To do this, the property owner may (§ 507.071(Subd. 10)):

  1. Complete and record an instrument of revocation in the county where the property is located (§ 507.071(Subd. 25)); or
  2. Complete and record a new transfer on death deed in the county where the property is located; or
  3. Sell the home.

Divorce or annulment will also revoke the transfer on death deed if the designated beneficiary is a spouse.

How to Record

A Minnesota transfer on death deed must be recorded in the county recorder’s office in the county where the property is located. If the deed isn’t recorded, it will be considered void (§ 507.071(Subd. 8)).