In Minnesota, transfer on death deeds are governed by Minn. Stat. 507.071.

While the statute provides a basic form, as well as overall content requirements, the state authorized the development of uniform conveyance documents for some specific situations. One such situation occurs when a married property owner holds sole title to the real estate he or she wishes to convey with a transfer on death deed. A correctly-completed basic statutory form is valid in most cases, but because the owner's husband or wife may be able to claim spousal interest in the property, these deeds require the spouse to sign a statement releasing any marital rights. Without this release, the non-probate transfer on death may not occur, and the property could revert to the deceased owner's estate for probate distribution instead. To prevent such unintended outcomes, there is a special deed for this circumstance.

This transfer on death deed form is for use ONLY by married grantor owners who are the sole spouse on the property's title.

As with other transfer on death deeds, this form must be executed and RECORDED during the grantor owner's lifetime.

(Minnesota TOD Deed by Married Sole Owner Package includes form, guidelines, and completed example)

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