Subdivision 1. Titled as transfer-on-death. A natural person who is the owner of a motor vehicle may have the motor vehicle titled in transfer-on-death or TOD form by including in the application for the certificate of title a designation of a beneficiary or beneficiaries to whom the motor vehicle must be transferred on death of the owner or the last survivor of joint owners with rights of survivorship, subject to the rights of secured parties.
Subd. 2. Designation of beneficiary. A motor vehicle is registered in transfer-on-death form by designating on the certificate of title the name of the owner and the names of joint owners with identification of rights of survivorship, followed by the words "transfer-on-death to (name of beneficiary or beneficiaries)." The designation "TOD" may be used instead of "transfer-on-death." A title in transfer-on-death form is not required to be supported by consideration, and the certificate of title in which the designation is made is not required to be delivered to the beneficiary or beneficiaries in order for the designation to be effective. If the owner of the motor vehicle is married at the time of the designation, the designation of a beneficiary other than the owner's spouse requires the spouse's written consent.
Subd. 3. Interest of beneficiary. The transfer-on-death beneficiary or beneficiaries have no interest in the motor vehicle until the death of the owner or the last survivor of joint owners with rights of survivorship. A beneficiary designation may be changed at any time by the owner or by all joint owners with rights of survivorship, without the consent of the beneficiary or beneficiaries, by filing an application for a new certificate of title.
Subd. 4. Vesting of ownership in beneficiary. Ownership of a motor vehicle titled in transfer-on-death form vests in the designated beneficiary or beneficiaries on the death of the owner or the last of the joint owners with rights of survivorship, subject to the rights of secured parties. The transfer-on-death beneficiary or beneficiaries who survive the owner may apply for a new certificate of title to the motor vehicle upon submitting a certified death record of the owner of the motor vehicle. If no transfer-on-death beneficiary or beneficiaries survive the owner of a motor vehicle, the motor vehicle must be included in the probate estate of the deceased owner. A transfer of a motor vehicle to a transfer-on-death beneficiary or beneficiaries is not a testamentary transfer.
Subd. 5. Rights of creditors. (a) This section does not limit the rights of any secured party or creditor of the owner of a motor vehicle against a transfer-on-death beneficiary or beneficiaries.
(b) The state or a county agency with a claim or lien authorized by section 246.53, 256B.15, 261.04, or 270C.63 is a creditor for purposes of this subdivision. A claim authorized by section 256B.15 against the estate of an owner of a motor vehicle titled in transfer-on-death form voids any transfer-on-death conveyance of a motor vehicle as described in this section. A claim or lien under section 246.53, 261.04, or 270C.63 continues to apply against the designated beneficiary or beneficiaries after the transfer under this section if other assets of the deceased owner's estate are insufficient to pay the amount of the claim. The claim or lien continues to apply to the motor vehicle until the designated beneficiary sells or transfers it to a person against whom the claim or lien does not apply and who did not have actual notice or knowledge of the claim or lien.
1Sp2017 c 3 art 3 s 41
Structure Minnesota Statutes
Chapters 160 - 174A — Transportation
Section 168A.01 — Definitions.
Section 168A.02 — Application; Registration And Renewal.
Section 168A.03 — Exempt Vehicles.
Section 168A.04 — Form And Content Of Application.
Section 168A.05 — Certificate Of Title.
Section 168A.06 — Delivery Of Certificate.
Section 168A.07 — Conditional Registration.
Section 168A.08 — Grounds For Refusal To Issue Certificate.
Section 168A.085 — Application For Title Or Registration, Certain Cases.
Section 168A.09 — Duplicate Certificate.
Section 168A.10 — Transfer Of Interest By Owner.
Section 168A.101 — Cancellation Of Motor Vehicle Sale.
Section 168A.11 — Purchase Of Vehicle By Dealer.
Section 168A.12 — Interest Passing By Nonvoluntary Transfer.
Section 168A.125 — Transfer-on-death Title To Motor Vehicle.
Section 168A.13 — Fee Accompanies Application; Delivery Of Registration Card And Plates.
Section 168A.14 — New Certificates Issued, Old Certificates Surrendered.
Section 168A.1411 — Manufactured Home Affixed To Real Property Owned By Cooperative.
Section 168A.1412 — Manufactured Home Affixed To Real Property.
Section 168A.142 — Manufactured Home Unaffixed From Realty.
Section 168A.143 — Manufactured Homes; Ownership At Issue.
Section 168A.15 — Reconstructed, Scrapped, Dismantled, Or Destroyed Vehicle.
Section 168A.1501 — Scrapped, Dismantled, Or Destroyed Vehicle.
Section 168A.151 — Salvage Title; Junking Certificate.
Section 168A.152 — Use And Certification Of Title; Inspection Fee.
Section 168A.153 — Report Of Vehicle Receipt.
Section 168A.154 — Salvage Vehicle Taken Out Of State.
Section 168A.16 — Inapplicable Lien Or Security Interest.
Section 168A.17 — Security Interest.
Section 168A.172 — Charitable Interest.
Section 168A.18 — Duties Of Parties Relating To Security Interest.
Section 168A.19 — Assignment Of Security Interest.
Section 168A.20 — Satisfaction Of Security Interest.
Section 168A.21 — Disclosure Of Security Interest.
Section 168A.22 — Exclusive Method Of Perfecting Security Interest.
Section 168A.23 — Suspension Or Revocation Of Certificate.
Section 168A.24 — Duties And Powers Of Department.
Section 168A.25 — Review By District Court.