Minnesota Deed Requirements

Minnesota law establishes requirements for what information and statements Minnesota deeds must contain and how they must be formatted and signed. Minnesota also charges a deed tax and mandates additional forms to accompany a deed submitted for recording.

Formatting Requirements for Minnesota Deeds

Minnesota’s deed-formatting standards are set by law. The county recorder may reject a deed that fails to meet these standards.

Paper, Ink, and Font Size

The paper on which a Minnesota deed is printed may not exceed 8½ × 14 inches (legal size).¹ Paper must be white with no background color or images and not less than 20-pound weight.²

Deeds must be printed using black ink and signed in black or dark blue ink.³ A deed’s font must be no smaller than 8 points.⁴

Margins

The top margin of a Minnesota deed’s first page must be blank and measure at least 3 inches.⁵ The recorder inputs recording information in the top-right corner, and a tax certification is placed in the top-left corner. All other margins in a deed must be at least ½ inch.⁶

Document Title

A deed must have a title prominently displayed at the top of a deed’s first page.⁷

Legibility

A deed must be sufficiently legible to produce readable copies using the county recorder’s reproduction method.⁸ No attachments obscuring any information in the deed may be attached.

Administrative Page

A Minnesota deed may—but is not required to—include an administrative page as its first page. The administrative page includes the party names, document title, date, and spaces for the recording information and tax certification.⁹

Information Requirements for Minnesota Deeds

Minnesota requires each of the items below in deeds filed for recording.

Current Owner and New Owner Information

A Minnesota deed must include the names of the current owner (the grantor) signing the deed and the new owner (the grantee) receiving title to the property.¹⁰ Deeds customarily state each party’s address and marital status.

Property Description

A deed must include a valid legal description identifying the transferred property.¹¹

Granting Clause

A granting clause—sometimes called a vesting clause—is the part of a deed stating that the current owner is transferring the property to the new owner. Granting clauses used in Minnesota deeds vary based on the type of deed and warranty of title provided.¹² Minnesota recognizes quitclaim deeds, limited warranty deeds, and warranty deeds.

Consideration

Minnesota law does not specifically require deeds to include a statement of consideration—or the amount paid for the property. Minnesota deeds customarily describe consideration as “for value received.” A deed that states that the “total consideration is $3,000.00 or less” does not require a certificate of real estate value.

Property Tax Address

A deed that transfers complete title to real estate must identify the legal name and address of the person—usually the new owner—to whom future tax statements should be sent. The statute suggests the following phrase: “Tax statements for the real property described in this instrument should be sent to: (New Owner Name), (Address).”¹³

Drafter Name and Address

A Minnesota deed must identify by name and address the person who prepared the deed. The statute suggests the following phrase: “This instrument was drafted by (Drafter Name), (Address).”¹⁴

Statements Required in Minnesota Deeds

In certain cases, Minnesota requires statements to be filed with deeds. These statements provide information about the tax owed, the type of deed, or the presence of a well on the property.

Deed Tax Statement

A deed that is taxable under Minnesota’s deed tax must contain a statement from the current owner or new owner either (a) setting forth the amount of deed tax due or (b) stating that the deed is exempt from deed tax.¹⁵

Designated Transfer

A deed does not require a certificate of real estate value if its first page or signature page states that it is a designated transfer.¹⁶ Designated transfers are certain types of deeds between related parties—such as deeds between a revocable trust and its grantor or between a single-owner LLC and its owner.¹⁷ Deeds using this exemption typically include the following phrase: “This instrument is a designated transfer pursuant to section 287.20, subdivision 3a.”

Well Disclosure Statement

A deed that transfers real estate from the current owner to a purchaser must include one of three well-certification statements from the current owner:¹⁸

• No wells on property. If a well-disclosure statement is unnecessary because the property has no wells: “The Seller certifies that the Seller does not know of any wells on the described real property.”
• Certificate previously recorded. If a well-disclosure statement is unnecessary because a disclosure was previously recorded for the property and the number and status of wells is unchanged: “I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate.”
• Well disclosure certificate provided. If the owner completed a well disclosure certificate for the deed: “A well disclosure certificate accompanies this document or has been electronically filed” (include certificate number if electronically filed).

Signing Requirements for Minnesota Deeds

A Minnesota deed is not eligible for recording unless it includes the current owner’s original signature.¹⁹ The signer’s printed name must appear directly below the signature.

Power of Attorney

An agent acting under power of attorney may sign a deed on the owner’s behalf. The power of attorney form that gives the agent signing authority should be recorded alongside the deed.²⁰

Spousal Signature for Homestead

A homestead is a property that serves as the owner’s primary residence. A deed transferring a homestead owned by a married owner must include the signature of the owner’s spouse to release the spouse’s homestead rights.²¹

Notarization

Signatures on Minnesota deeds must be acknowledged before a notary or other authorized officer.²² Minnesota has statutory short-form notary certificates for acknowledgments.²³ If the individual who signs is signing in a representative capacity, the notary block must identify the represented party and state the signer’s name and title or position giving authority.²⁴ A person signing as a representative might be, for example, a trustee signing for a trust or an officer signing for a corporation.

Electronic Signature

An electronic signature qualifies as an original signature if it complies with the standards adopted by Minnesota’s Electronic Real Estate Recording Commission created under the Real Property Electronic Recording Act.²⁵

Recording Fees for Minnesota Deeds

The county recorder’s office in each Minnesota county maintains the county’s land records. Deeds are filed for recording with the county recorder for the county where the property is located.²⁶ Some counties call the office the recorder of titles. Records for properties registered in Minnesota’s Torrens system are maintained by the county registrar. The registrar is typically the county recorder or an employee of the county recorder’s office.

The county recorder’s fee for recording a Minnesota deed is $46.00.²⁷ There is an additional $50.00 filing fee for properties that require a well disclosure certificate.²⁸ Minnesota requires payment of any delinquent real estate taxes owed for a property before the county recorder can record a deed affecting the property.

Minnesota Transfer Tax

Minnesota charges a transfer tax when a deed doesn’t meet the requirements for exemption. The state may also charge a fee under its land preservation program for deeds in participating counties.

Deed Tax

Minnesota charges a transfer tax—called deed tax—for recording deeds that transfer ownership of real estate.²⁹ The deed tax rate is 0.33 percent of the consideration provided for the real estate.³⁰ The rate increases to 0.34 percent for deeds in Hennepin and Ramsey Counties.³¹

Minnesota’s deed tax is a flat rate of $1.65 for certain deeds involving little or no consideration.³² The $1.65 deed tax applies to deeds involving consideration of $3,000.00 or less, deeds recorded pursuant to business consolidations or mergers, and deeds that qualify as “designated transfers” under³³ A designated transfer is a:

• Deed between a single-owner entity and the owner;
• Deed between an entity owned by married spouses and one or both spouses;
• Deed between an entity with multiple owners and all of the co-owners—provided the ownership percentages stay the same;
• Deed between a revocable trust and the trust’s grantor; or
• Deed transferring substantially all of an entity’s assets pursuant to a reorganization.

Agricultural Preservation Fee

Deeds that qualify for deed tax and are recorded in counties participating in Minnesota’s Agricultural Land Preservation Program require an additional $5.00 fee.³⁴ The agricultural preservation fee is added to the deed tax amount. Counties that charge an agricultural preservation fee are Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, Waseca, Washington, Winona, and Wright.

Minnesota Deed Tax Exemptions

Minnesota’s deed tax law lists 15 categories of recorded documents that are exempt from deed tax.³⁵ Common examples of exempt deeds include:

• Deeds transferring real estate to or from the United States or a federal government agency;³⁶
• Deeds conveying cemetery lots;³⁷
• Deeds of distribution issued by an estate’s personal representative (i.e., a personal representative’s deed);³⁸
• Deeds relating to mortgage or lien foreclosure proceedings;³⁹
• Deeds granting, creating, modifying, or terminating an easement;⁴⁰
• Deeds between the parties to a divorce under terms of the divorce decree;⁴¹ and
• Minnesota transfer-on-death (TOD) deeds.⁴²

Deeds may also be recorded in connection with a business entity’s conversion to a new structure, such as from a corporation to an LLC. These deeds are also excluded from the definition of real estate transfers subject to deed tax.⁴³

Additional Forms Required with Minnesota Deeds

Minnesota requires other forms when consideration exceeds a certain amount and when there may be wells on the property.

Certificate of Real Estate Value

A completed certificate of real estate value (eCRV) is required for transfers of real estate for consideration over $3,000.00.⁴⁴ The current owner, new owner, or authorized agent must submit the eCRV electronically on the Department of Revenue’s website. A deed cannot be recorded until it bears the county auditor’s stamp certifying that the eCRV has been submitted or that the deed is exempt from the eCRV requirement.⁴⁵

A deed that qualifies as a designated transfer under the deed tax statute does not need an eCRV if the deed’s first page or signature page indicates that the transaction is a designated transfer.

Well Disclosure Certificate

Deeds may also require a well disclosure certificate if the deed transfers a property with one or more wells to a purchaser. The certificate provides notice of the locations and status of any wells on the property.⁴⁶ A well disclosure certificate is not required if the current owner certifies on the deed that (a) the property has no wells or (b) a certificate was previously recorded and the wells’ number and status is unchanged. There is a $50.00 filing fee for filing the well disclosure certificate with the county recorder.

1. MN Stat. § 507.093(1).
2. MN Stat. § 507.093(3).
3. MN Stat. § 507.093(2).
4. MN Stat. § 507.093(2).
5. MN Stat. § 507.093(4).
6. MN Stat. § 507.093(3).
7. MN Stat. § 507.093(5).
8. MN Stat. § 507.093(7).
9. MN Stat. § 507.093(4).
10. See MN Stat. § 507.07.
11. See MN Stat. § 507.07.
12. See MN Stat. § 507.07.
13. MN Stat. § 507.092.
14. MN Stat. § 507.091.
15. MN Stat. § 287.241.1.
16. MN Stat. § 272.115(6).
17. MN Stat. § 287.20.3(a).
18. MN Stat. §§ 103I.235.1(b)-(i).
19. MN Stat. § 507.24.2.
20. MN Stat. § 523.24.1(9).
21. MN Stat. § 507.02.
22. MN Stat. § 507.24.1.
23. MN Stat. § 358.66.
24. MN Stat. § 358.66(a)(2).
25. MN Stat. § 507.24.2(b).
26. MN Stat. § 507.34.
27. MN Stat. § 357.18.1.
28. MN Stat. § 103I.235.1(h).
29. MN Stat. § 287.21.
30. MN Stat. § 287.21(b).
31. MN Stat. § 287.223.
32. MN Stat. § 287.21(b).
33. MN Stat. § 287.20.3(a).
34. MN Stat. § 40A.152.1.
35. MN Stat. §§ 287.22(1)-(15).
36. MN Stat. § 287.22(6).
37. MN Stat. § 287.22(7).
38. MN Stat. § 287.22(8).
39. MN Stat. §§ 287.22(11)-(12).
40. MN Stat. § 287.22(13).
41. MN Stat. § 287.22(14).
42. MN Stat. § 287.22(15).
43. MN Stat. § 287.21(a).
44. MN Stat. § 272.115.
45. MN Stat. § 287.241.2.
46. MN Stat. § 103I.235.