The House That Skips Probate
Minn. Stat. 507.071 — recorded before death, revocable by any grantor owner, and the latest acknowledged deed wins
In Minnesota, a deed that expressly states it is effective only on the death of one or more grantor owners transfers the interest to the grantee beneficiary at that death. Until then it has no effect on title to the property.
Recorded before death. It is valid if recorded in a county where at least part of the property is located before the death of the grantor owner on whose death the transfer is effective.
- It may be executed by an attorney-in-fact under a power of attorney granting authority to execute deeds.
- It may transfer the property to the trustee of a trust, even a revocable one.
- Any grantor owner may revoke it at any time, by a revocation recorded before that owner's death; a revocation revokes the deed in its entirety.
More than one deed. Where a grantor owner records more than one for the same property, the deed with the latest acknowledgment date recorded before the death is the effective one.
What comes with the house. The beneficiary takes subject to the mortgages, liens, judgments and other encumbrances on the date of death, including a claim by a spouse who did not join in or consent to the deed, and a state or county claim for medical assistance if the rest of the estate is insufficient, limited to the value of the interest transferred.
The clearance certificate a beneficiary records, the antilapse rules and the statutory forms are in the section and are not all on this page. Whether a deed is right for a particular family, and how to prepare and record it, are questions for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 507.071 — Transfer on death deeds
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.