Why recording matters for a TODD home
A Transfer on Death Deed (TODD) lets a Minnesota homeowner name who gets the house at death, often without probate. But the beneficiary doesn’t automatically appear in the county records as the owner. Before the house can be sold, the beneficiary typically records documents that show the owner died and that they’re the named beneficiary. This guide walks through the general steps, as part of our page on Transfer on Death Deed homes. Your attorney or title company confirms the details for your county.
What’s typically recorded
- A certified copy of the death certificate for the owner (the grantor).
- An affidavit, often called an affidavit of identity and survivorship, signed by the beneficiary. It generally identifies the beneficiary, references the recorded TODD, and states that the owner has died.
Depending on the situation, other documents may be needed, such as a Medical Assistance clearance or documents showing a successor beneficiary.
The general order of steps
- Confirm the TODD was recorded before the owner died. A signed but unrecorded TODD generally doesn’t work.
- Get certified death certificates. Order several; title companies and banks often want originals.
- Talk to an attorney about the deed and any potential claims.
- Prepare the affidavit. An attorney or title company can help.
- Record the documents with the county.
- Title company review. The title company confirms the record and issues a title commitment for the sale.
- Sell and close.
Abstract vs. Torrens property
| Abstract property | Torrens property | |
|---|---|---|
| Where to record | County recorder | County registrar of titles |
| Extra steps | Usually few | Sometimes an examiner of titles review |
| Common in | Much of the state | Hennepin and Ramsey counties especially |
If you’re not sure which applies, the title company can tell you. See abstract vs. Torrens title.
Things that can slow it down
- Multiple beneficiaries. Each may need to sign an affidavit. See selling a TODD home with multiple beneficiaries.
- A beneficiary who died first. The deed may name a successor; if not, ask an attorney.
- Medical Assistance. If the owner received MA, the title company may want a clearance from the Department of Human Services.
- Missing death certificates or deed copies.
Is it TODD or probate?
If you’re not sure whether the house passed by TODD at all, start with probate vs. TODD in Minnesota.
A checklist for beneficiaries
Before you call the county or the title company, gather:
- Several certified copies of the death certificate
- A copy of the recorded Transfer on Death Deed
- The property’s legal description (on the deed or tax statement)
- Whether the property is abstract or Torrens (the title company can tell you)
- Contact information for all named beneficiaries
- Information about any mortgage on the property
- Whether the owner received Medical Assistance
Common questions at the recorder’s office
| Question | General answer |
|---|---|
| Is there a recording fee? | Counties generally charge recording fees; ask the county |
| Do I need to record in person? | Many counties accept mail or electronic recording through title companies |
| How long until it’s recorded? | Varies by county and property type |
| Can the title company do it for me? | Often, yes, as part of the sale |
When to bring in an attorney
It’s wise to involve an attorney if any of these are true:
- The TODD’s wording is unclear or handwritten changes were made
- A beneficiary died before the owner
- The owner received Medical Assistance
- There are debts or creditor questions
- Beneficiaries disagree about selling
The attorney can prepare the affidavit correctly and flag issues before they slow down the closing.
How we help
When you sell to us, we call the title company early so you know exactly what they need, and we plan the closing around the recording. You can take what you want from the house, and we handle the rest.
Minnesold's team includes a licensed Minnesota real estate agent. Information on this site is general and educational. It is not legal, tax, or Medical Assistance advice. Talk with a probate attorney, elder law attorney, or CPA about your situation.