If you own real estate in Hennepin County or anywhere in Minnesota and want to avoid probate for your heirs, a transfer on death deed (TODD) is one of the simplest and most cost-effective estate planning tools available. As an estate planning paralegal and legal template specialist who has prepared hundreds of Minnesota TOD deeds for clients in Minneapolis, Edina, Bloomington, Minnetonka, and throughout Hennepin County since 2015, I’ve seen firsthand how this single document can save families tens of thousands in probate fees and years of delay.
In this comprehensive guide, you’ll download my attorney-reviewed Minnesota transfer on death deed form for free, learn exactly how to complete and record it in Hennepin County, and understand the advantages and limitations under Minnesota Statutes § 507.071.
Important Disclaimer: This article and the downloadable template are for informational purposes only and do not constitute legal advice. Always consult a licensed Minnesota attorney or title professional before executing real property documents.
A Minnesota transfer on death deed (sometimes called a beneficiary deed) is a revocable instrument that allows real estate owners to name one or more beneficiaries who automatically receive title to the property upon the owner’s death—completely bypassing probate court.
Authorized by Minn. Stat. § 507.071 (enacted 2008, substantially amended 2022-2024), the TODD has become the preferred probate-avoidance tool for Minnesota homeowners because:
Click here to download the free Minnesota Transfer on Death Deed template (Word & PDF)
This form is updated for the 2024-2025 statutory requirements, including the mandatory notice language required by Minn. Stat. § 507.071 subd. 26 (2024 amendment) and the Hennepin County Recorder’s current formatting rules.
Never use the street address alone. Obtain the full legal description from:
Example (common in Hennepin County):
Lot 5, Block 2, Thorpe Bros. Cedarhurst, Hennepin County, Minnesota, according to the recorded plat thereof.
List every owner exactly as their name appears on the current deed. Marital status is required:
You may name individuals, trusts, LLCs, or charities. Minnesota permits alternate (contingent) beneficiaries:
“To my son Michael Jones, but if he predeceases me, then equally to my grandchildren per stirpes.”
The 2024 legislature made this paragraph mandatory (Minn. Stat. § 507.071 subd. 26):
“THIS IS A TRANSFER ON DEATH DEED UNDER MINNESOTA STATUTES SECTION 507.071. THIS DEED DOES NOT TRANSFER ANY OWNERSHIP INTEREST UNTIL THE DEATH OF THE GRANTOR(S). THIS DEED IS REVOCABLE UNTIL THE DEATH OF THE GRANTOR(S).”
Minnesota requires acknowledgment before a notary public. Hennepin County Recorder will reject deeds with improper acknowledgments.
| Requirement | Details |
|---|---|
| Recording Fee | $46.00 (standard deed) + $10.50 eCRV if value ≥ $1,000 |
| Well Disclosure Certificate | Required if property has a well (Minn. Stat. § 103I.235) |
| eCRV | Electronic Certificate of Real Estate Value – mandatory for transfers over $1,000 |
| Original Signatures | Wet-ink original required (no electronic signatures for TODDs yet) |
| Draft Deed Review | Hennepin County offers free pre-recording review: propertytaxservices@hennepin.us |
Mail or bring to: Hennepin County Recorder, A-500 Government Center, 300 South 6th Street, Minneapolis, MN 55487
In my experience reviewing hundreds of rejected TODDs:
The deed is 100% revocable. Three ways (any one works):
Source: IRS Publication 559 and Minnesota Department of Human Services – Estate Recovery Provisions.
| Feature | TOD Deed | Joint Tenancy | Life Estate Deed |
|---|---|---|---|
| Full control retained | Yes | No (co-owner rights) | No (remainderman rights) |
| Revocable | Yes | Only by partition/sale | Difficult |
| Avoids probate | Yes | Yes | Yes |
| Exposed to co-owner creditors | No | Yes | No |
| Medicaid 60-month lookback | No transfer | Possible gift | Gift of remainder |
Can I use a TOD deed for my homestead in Edina or Wayzata?
Yes – works for any Minnesota real estate, including homesteads.
Does my spouse have to sign?
Only if they are on title. Spousal signature is NOT required for homestead waiver on TODDs (unlike traditional deeds).
Can I name my revocable living trust as beneficiary?
Absolutely – very common and recommended.
What happens if the beneficiary dies first?
Name alternate beneficiaries or the property returns to your probate estate.
A properly executed and recorded Minnesota transfer on death deed is the simplest way to keep your Hennepin County home out of probate court while retaining full control during your lifetime.
Download the free, attorney-reviewed MN transfer on death deed form today, follow the step-by-step instructions above, and give your family the gift of simplicity.
Download Free Minnesota Transfer on Death Deed Template (2025)
Remember: This is not legal advice. For complex situations (blended families, minor beneficiaries, Medicaid planning, or trusts), consult a Minnesota estate planning attorney.
© 2025 – All rights reserved. Sources: Minn. Stat. § 507.071, Hennepin County Recorder guidelines, IRS.gov Publication 559.