What is a Transfer on Death Deed?
A Transfer on Death Deed (TODD) lets a Minnesota homeowner name who gets the house when they die. It’s authorized by Minnesota statute (Minn. Stat. 507.071), and it has to be recorded with the county before the owner dies to work. While the owner is alive, the beneficiary owns nothing, and the owner can change or revoke the deed.
When the owner dies, a house with a recorded TODD may pass to the grantee beneficiary without going through probate. That’s why TODDs are popular with Minnesota parents who want to keep things simple for their kids. It’s also why selling a TODD home, whether you list it or sell to a Minnesota cash home buyer, can be faster than selling a probate house. But “faster” isn’t the same as “no steps.” Your attorney confirms what applies. If you’re not sure whether there even is a TODD, our guide to probate vs. TODD in Minnesota walks through how to tell.
What happens before a TODD home can be sold?
In general, the beneficiary has to show the county that the owner died and that they’re the named beneficiary. That usually means recording:
- A certified certificate of death for the owner.
- An affidavit, often called an affidavit of identity and survivorship, signed by the beneficiary.
These are recorded with the county recorder for abstract property, or with the registrar of titles for Torrens property. Torrens property sometimes needs an extra step, like an examiner of titles directive. The title company reviews it all and issues a title commitment. Our guide to recording the death certificate and affidavit covers the order of steps.
Talk to the title company early
Every county handles recording a little differently. We call the title company at the start so you know exactly what’s needed before a closing date is set.
When there’s more than one beneficiary
Many parents name all of their children. When several beneficiaries inherit a TODD home, they generally own it together, often as tenants in common. That means:
- Everyone on title signs. Each beneficiary signs the purchase agreement and the deed.
- Signing can be remote. Beneficiaries in different states sign through the title company.
- Proceeds are split at closing according to each person’s share.
If the beneficiaries can’t agree, that’s a legal question for an attorney. Read selling a TODD home with multiple beneficiaries for more.
TODD vs. probate: what’s different for selling?
| TODD home | Probate home | |
|---|---|---|
| Who signs | The beneficiary or beneficiaries | The personal representative |
| Authority comes from | Recorded death certificate and affidavit | Letters from the court |
| Typical timeline | Often shorter | Set by the court and attorney |
| Court involvement | Usually none for the house | Yes |
Both paths end at a title company closing. If the house needs probate after all, see our page on selling an inherited house.
Things that can complicate a TODD sale
Most TODD sales go smoothly. A few things can slow them down:
- Creditor claims. In some cases, creditors of the owner’s estate can make claims against TODD property.
- Medical Assistance. If the owner received MA, the state may have a claim. Title companies sometimes ask for a Medical Assistance clearance certificate from the Department of Human Services. See MA estate recovery and an inherited home.
- A beneficiary who died first. If the deed named a successor beneficiary, that person steps in. If not, ask an attorney.
- A revoked or unrecorded deed. A TODD that was signed but never recorded before death may not work at all.
We can’t give legal advice on any of these. We can make sure the title company flags them early, so they don’t show up the week of closing.
Paperwork at closing
Beyond the deed, expect the usual Minnesota closing forms: a certificate of real estate value (eCRV) filed with the county, the radon disclosure, and a well disclosure certificate if the property has a well. The title company prepares most of it. We walk you through the seller forms.
Selling the house itself
Once the paperwork is in order, the sale works like any other sale to us. We walk the house, in person or by video. You get a written offer with the math shown. You pick the closing date. The family takes what matters, and we handle the house full of belongings that’s left.
