DHS 5893 Clearance Certificate Application Minnesota: TODD and Estate Recovery

What the DHS-5893 Application and DHS-5893A Certificate Are

When the grantor owner of a Minnesota Transfer on Death Deed dies, the beneficiary or the beneficiary's attorney or agent submits Form DHS-5893, the Transfer on Death Deed Application for a Medical Assistance Clearance Certificate. The county issues the clearance certificate, Form DHS-5893A, which states whether sale proceeds must be made subject to a Medical Assistance claim or a statement that there is no claim.

This applies specifically to Transfer on Death Deeds (TODDs), which are one of the most popular probate-avoidance tools in Minnesota real estate. The TODD lets a property owner name a beneficiary who inherits the property automatically at death, bypassing probate court. The catch: Minnesota's expanded estate recovery statute (Minn. Stat. 256B.15) reaches non-probate assets, and TODDs are explicitly included.

The Timeline That Creates Problems

The county has up to 15 working days to mail the completed clearance after receiving the application. That timeline becomes a bottleneck when heirs need to sell the property quickly — a common scenario when nursing home bills are still outstanding or when the family home is sitting vacant.

During those 15 days, a pending sale may be delayed while the title company waits for clearance. If the county determines there is an estate recovery claim, the clearance process identifies the amount owed. The claim must be addressed — often through sale proceeds or a hardship waiver — before the transfer of title can clear.

When You Need the Certificate

The DHS-5893 application is used when:

• The deceased owned Minnesota real property with a recorded Transfer on Death Deed
• The deceased received Medical Assistance benefits at or after age 55, or was permanently institutionalized
• The property is being transferred to the TODD beneficiary

If the property passes through probate instead of a TODD (for example, through a will or intestate succession), the estate recovery claim is handled through the probate process, not the DHS-5893. The county files a creditor claim with the probate court instead.

What Happens If There Is a Claim

If DHS determines the deceased received Medical Assistance for long-term care, the claim amount equals the total benefits paid — including, per the Minnesota Supreme Court's ruling in In re Estate of Ecklund (2025), the full monthly capitation payments made to managed care plans regardless of actual services consumed.

Heirs can request an undue hardship waiver within 30 days of the date on the Notice of Estate Claim (Form DHS-4934). The waiver applies when paying the claim would force the sale of property that the applicant has occupied continuously as their only dwelling from at least 180 days before the parent's death through the waiver determination date and that is classified as a homestead, or when the applicant continuously and exclusively works in a trade, profession, occupation, or family farm that uses the property as a necessary part of the work.

If no hardship applies, the claim must be addressed from the estate or property proceeds. The county may pursue the MA claim, and the property cannot transfer clear title until the claim is resolved through the clearance process.

Steps to Prepare Before the Parent Dies

Families who know a TODD is on the property can reduce surprises by requesting a benefits history from the county while the parent is still alive. Knowing the approximate amount of Medical Assistance paid gives the family time to evaluate whether the hardship waiver applies or whether other assets can cover the claim.

The Minnesota Medicaid Long-Term Care Guide includes a step-by-step breakdown of the TODD clearance process, the estate recovery assessment worksheet, and the 30-day hardship waiver timeline.

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