A transfer-on-death deed (TODD) in Minnesota is a real estate deed that transfers ownership of the property to the named beneficiary upon the owner’s death. TODDs are governed by Minnesota Statutes § 507.071.
A transfer-on-death deed allows for the transfer of title of real property to a named beneficiary at the death of the owner, or the last to die of multiple owners.
State’s Interest in Property for Medical Assistance Recipients
Much like with a determination-of-descent proceeding, transfer of title is not allowed unless sale proceeds are made subject to a proper Medical Assistance claim (or a statement that there is no Medical Assistance claim) described in an Application for Certificate of Clearance for Medical Assistance Claims – TODD. This application is the first step in obtaining a Certificate of Clearance as provided under Minnesota Statutes § 507.071. After the county’s Administrator of the Medical Assistance Estate Recovery Program receives the application, the county will either release any potential claim it may have or encumber the property under Minnesota Statutes § 256B.15.