Minnesota Medical Assistance Clearance Certificate: DHS-5893, Timelines, and How to Get One

When someone dies in Minnesota and property was transferred via a Transfer-on-Death Deed (TODD), the beneficiaries cannot simply record the death certificate and claim the title. Minnesota law requires a Medical Assistance Clearance Certificate before the county recorder will process the transfer — even if the deceased person never received a single day of state-funded long-term care.

This requirement catches families off guard at the worst possible time: they are grieving, they thought the TODD handled everything, and now they discover that a state agency stands between them and clear title to the family home.

What the Clearance Certificate Does

The Medical Assistance (MA) Clearance Certificate is the state's confirmation that either:

1. No MA claim exists against the property, or
2. A claim exists, and the certificate lists the exact amount owed

Without this certificate, the county recorder's office will not record the Affidavit of Identity and Survivorship that transfers the TODD beneficiary's interest into clean, marketable title. The property is effectively frozen.

How to Apply (Form DHS-5893)

For property transferred via a Transfer-on-Death Deed, the beneficiary or their representative submits Form DHS-5893 to the county human services office in the county where the deceased person resided.

Include with the application:

• A copy of the death certificate
• A copy of the recorded Transfer-on-Death Deed
• Any information about whether the deceased or their pre-deceased spouse received Medical Assistance

If the property is being transferred through probate (via a Decree of Descent), use Form DHS-6165A instead.

Processing time: Approximately 15 working days after the county receives the complete application. Incomplete applications — missing a death certificate copy, missing the TODD copy — reset the clock.

What Happens If a Claim Exists

If the deceased person or their pre-deceased spouse received MA-funded long-term care services after age 55, or institutional care at any age, the state has a statutory right to recover those costs.

The clearance certificate will list the claim amount. The beneficiary has three options:

Pay the claim. The most straightforward path. Once the claim is paid in full, the county issues a clear certificate, and the property can be transferred or sold.

Negotiate a reduced amount. In some cases, the county or state may accept a reduced payment, particularly if the property value is significantly less than the claim amount.

Assert an exclusion. Minnesota law provides specific exclusions that block or defer recovery against the home.

MA Recovery Exclusions for the Family Home

The state cannot recover from the homestead while certain people continue to live there:

Surviving spouse. The claim is deferred as long as the surviving spouse lives in the home. This is a deferral, not an elimination — the state's claim survives and can be collected after the surviving spouse dies or moves out.

Minor child. A child under 21 living in the home defers recovery.

Disabled child. A blind or permanently disabled child of any age living in the home defers recovery.

Sibling exclusion. If a sibling of the deceased had an equity interest in the home and lived there continuously for at least one year immediately before the deceased entered an institution, the home is exempt from recovery.

Caregiver child exclusion. If an adult child lived in the home for at least two years immediately before the deceased's institutionalization, and provided care that demonstrably delayed the need for institutional care, and has continued to live in the home without interruption since the institutionalization — the home is exempt. This exclusion is narrow and strictly enforced. If the child moves out at any point before the court grants the exemption, the exclusion is permanently lost.

The Expanded Estate Problem

Minnesota is one of the states with an "expanded estate" definition for MA recovery. The state can pursue claims against assets beyond the traditional probate estate, including:

• Real property transferred via Transfer-on-Death Deeds
• Joint tenancy property with right of survivorship
• Life estates created on or after August 1, 2003 (valued at death using the mortality table)
• Revocable living trust assets

This means that common probate-avoidance strategies — TODDs, joint tenancy, trusts — do not shield property from MA recovery in Minnesota. The strategies bypass probate court, but the state's claim follows the property regardless of how it was titled.

County Enforcement Incentives

Counties are not passive participants. Minnesota law allows county human services agencies to retain 25% of all MA recovery funds they collect. For General Assistance Medical Care, they keep 50%. This statutory incentive drives active, aggressive recovery programs in most Minnesota counties.

Practical Steps for Families

If your parent or spouse recently died and property was held under a TODD:

1. File the DHS-5893 application immediately — do not wait to "settle the estate first." The 15-day processing clock does not start until the county receives the application.

2. Gather records of any MA benefits received. If you do not know whether the deceased received MA, the county will check their records.

3. Assess whether any exclusion applies. If a surviving spouse, minor child, disabled child, qualifying sibling, or qualifying caregiver child lives in the home, recovery may be deferred or blocked.

4. Do not attempt to sell or refinance the property before the clearance process is complete. Title companies will not insure a title without the certificate.

The Minnesota Advance Directive & Living Will Kit includes the MA clearance walkthrough — Form DHS-5893 instructions, exclusion eligibility criteria, and the step-by-step process for recording a clear title after a TODD transfer in Minnesota.

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