Detailed answer — how a will, TOD deeds, and POD designations work together in Minnesota

Key principle: A will controls only probate assets

Under Minnesota law, your will controls property that passes through probate. But many assets pass outside probate by operation of title or by beneficiary designation. If an asset already has a valid nonprobate transfer mechanism attached to it, that mechanism usually controls at death — even if your will leaves the same asset to someone else.

Transfer-on-death (TOD) deed for real estate

A transfer-on-death (beneficiary) deed allows you to name a beneficiary who becomes owner of the real estate at your death without probate, provided the deed was validly executed and, in many cases, recorded during your lifetime. If you record a TOD deed that names someone other than your will’s beneficiary, the TOD deed typically controls for that parcel.

Why it matters: If you sign a valid TOD deed naming your daughter, the property will pass to her outside probate. If you later change your will to leave the same property to someone else but do not revoke or change the recorded TOD deed, the beneficiary named in the TOD deed, not the will, will receive the property.

Relevant Minnesota statutes (probate/property context): see Minnesota statutes on property and probate for rules on nonprobate transfers and title recording. For general statutory information on Minnesota probate and property law, see the Minnesota Revisor of Statutes: Minn. Stat. ch. 507 (property and conveyances) and Minn. Stat. ch. 524 (probate and administration).

Payable-on-death (POD) and beneficiary designations for accounts and contracts

Bank accounts, investment accounts, retirement accounts, life insurance, and certain contract benefits often allow you to name a beneficiary. If you name your daughter as the POD (or beneficiary) on an account, that account typically passes directly to her at your death outside probate. Your will usually does not change who receives those funds if a beneficiary designation is already in place.

Practical effect: If you intend your daughter to receive the accounts, a POD/beneficiary designation is an easy way to ensure that outcome without probate. But if the beneficiary designation names someone else (or if the account is jointly owned with rights of survivorship), the designation or ownership arrangement will usually control over your will.

Conflicts and the order of control

Common order-of-control rules you should know:

• If property has an effective nonprobate mechanism (TOD deed, POD, beneficiary designation, joint tenancy with right of survivorship), that mechanism usually transfers title at death and bypasses the will.
• If the asset is solely titled in your name and no beneficiary designation or TOD deed exists, the will governs and the asset passes through probate according to its terms.
• Where you have multiple documents (will + TOD deed + beneficiary forms), the most recently effective nonprobate instrument usually governs for that particular asset (for example, a recorded TOD deed governs the real property for which it was executed).

Examples (hypotheticals)

Example 1 — House: You own a house solely in your name. You sign and record a TOD deed naming your daughter. Later you make a will that leaves all property to your daughter. In this case, the house will pass to your daughter by the TOD deed without probate. The will and the TOD deed are consistent, so there is no conflict.

Example 2 — Conflicting beneficiary: You own a house solely in your name and sign a TOD deed naming your niece as beneficiary. Later you write a will leaving the house to your daughter. Because the recorded TOD deed names the niece, the niece will become owner at death unless you revoke or change the TOD deed during your lifetime.

Example 3 — Bank account: You name your daughter as POD beneficiary on your bank account. The funds pass directly to her at death. A contradictory will will not move those funds through probate if the bank recognizes the POD form.

Practical consequences and steps to take

1. Inventory your assets and how each is titled (sole ownership, joint tenancy, TOD deed recorded, beneficiary on account, retirement account beneficiary, life insurance, etc.).
2. If you want your daughter to receive an asset outside probate, use the appropriate nonprobate device (record a TOD deed for real estate; put her as beneficiary/POD on accounts and contracts).
3. If you change your mind about who should inherit, update or revoke deeds, beneficiary designations, and account forms — and make sure recorded deeds are updated or revoked according to recording rules.
4. Keep documentation: recorded deeds, beneficiary forms, and copies of your will together so your executor or successor trustee can follow your intent.

Creditor claims, taxes, and other limits

Nonprobate transfers often avoid probate but do not eliminate creditor claims or taxes. Creditors can still make claims against the decedent’s estate or sometimes directly against assets that pass outside probate, depending on the situation. Retirement accounts and IRAs have special tax consequences that beneficiary designations affect.

When a will still matters

Your will is still essential for assets without beneficiary designations or nonprobate title. The will also lets you name a personal representative (executor), appoint guardians for minor children, and handle any assets held in your sole name that lack a TOD/POD designation.

Helpful hints — how to make sure your daughter gets what you intend

• Make a complete asset list and note how each item is titled.
• Record a TOD deed for real estate if you want the house to pass outside probate. Confirm county recording rules.
• Put your daughter as beneficiary/POD on bank accounts, investment accounts, and retirement accounts where appropriate, and update beneficiary forms after major life events.
• Revise or revoke recorded TOD deeds and beneficiary designations if you change your plan — simply changing a will is not always enough.
• Talk to the institutions (banks, brokerages, plan administrators) to confirm they accept POD/beneficiary forms and to learn their procedures to pay out after death.
• Keep a clear, dated record of all beneficiary forms and recorded deeds in a safe, accessible place and tell your executor where to find them.
• Consider tax and creditor implications: nonprobate transfers may reduce probate costs but not necessarily creditor exposure or tax liabilities.
• If you own property jointly with someone else (joint tenancy), confirm whether survivorship rules already transfer the property and whether that matches your wishes.
• Consult an attorney if you have complex assets, blended-family concerns, or multi-state property — mistakes can be difficult to undo after death.