Skip To: Main content|Subnavigation|
Minnesota Department of Human Services MA Estate Recovery Manual
Advanced Search|  

II. Transfer-on-death deeds (TODDs)

A transfer-on-death deed (TODD) 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. Much like with a determination-of-descent proceeding, transfer of title is not allowed unless sale proceeds are made subject to a proper MA claim (or a statement that there is no MA claim) described in a Certificate of Clearance for Medical Assistance Claims – Transfer on Death Deed (DHS-5893) (PDF) (see pages 3 and 4 of the document).

You, or any person claiming an interest in the real property, may petition the district court for an order determining the validity of the Medical Assistance (MA) claim and allowing sale of the real property for the recovery of MA benefits received. The net sale proceeds from such a sale must be used to pay the MA claim if the claim is determined valid.

A. The application for a certificate of clearance

When the grantor owner of a TODD dies, the beneficiary of the TODD (the person receiving the property), or the beneficiary’s attorney or agent, may request clearance of MA claims against the TODD grantor owner or the owner’s deceased spouse. To do this, the beneficiary, or the beneficiary’s attorney or agent, must complete and send to the county an Application for Certificate of Clearance for Medical Assistance Claim – Transfer on Death Deed (DHS-5893) (PDF).

The application must include all the following:

  • • the name, date of birth, and Social Security number of the deceased grantor owner and any deceased spouse
  • • the legal description of each parcel of property covered under the certificate of clearance
  • • the names and addresses of the beneficiaries, attorney or agent
  • B. How to process a certificate of clearance for MA claims on TODDs

    Upon receiving an application for a certificate of clearance, you must first determine whether an MA claim exists. If one does, identify which county is the county of financial responsibility. If you are the county of financial responsibility, process the certificate. If another county is financially responsible for the MA member, forward the certificate to that county. However, if there is no MA claim, you must process the certificate of clearance even if you are not the county of financial responsibility.

    You must mail a completed clearance within 15 working days after receiving the application. See Minnesota Statutes, section 525.313, paragraph (c).

    To process a certificate of clearance, do as follows:

  • 1. Determine whether the grantor owner or any deceased spouses named in the application received MA under Minnesota Statutes, chapter 256B. Receipt of recoverable MA services under Minnesota Statutes, section 256B.15, gives rise to an estate claim.
  • 2. Complete the Certificate of Clearance for Medical Assistance Claim – Transfer on Death Deed (DHS-5893) (PDF). In the body of the certificate of clearance, indicate whether you have an MA claim against the decedent or any of the deceased spouses named in the application. If you do, enter the claim amount next to the name of the person for whom a claim exists. Include all the following on the certificate of clearance:
  • • the property’s legal description
  • • the name of the county and local agency
  • • the decedent’s full name, date of birth, and date of death
  • • the name(s) of any deceased spouse(s) named in the application, whether or not there is any MA claim against each person, and the total amount of each claim if a claim exists
  • • the name, address, and telephone number of your agency (the local agency issuing the certificate)
  • 3. Have the director of your agency, or the director’s designee, sign the certificate. The certificate must be signed in the presence of a notary.
  • 4. Mail the completed certificate to the applicant at the address on the application.
  • Rate/Report this pageReport/Rate this page

    © 2017 Minnesota Department of Human Services Updated: 3/16/17 8:29 AM | Accessibility | Terms/Policy | Contact DHS | Top of Page | Updated: 3/16/17 8:29 AM