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State rules · Minnesota

Minnesota: estate, probate and Medicaid rules in one place

What applies in Minnesota, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Minnesota have a state estate tax?

State estate tax: Yes (Minn. Stat. §§ 291.03 (rates), 291.016 (Minnesota taxable estate / exclusion)). Estate-tax exemption: $3,000,000 (Minn. Stat. §§ 291.03 (rates), 291.016 (Minnesota taxable estate / exclusion); 2026 deaths). Estate-tax top rate: 16% (Minn. Stat. §§ 291.03 (rates), 291.016 (Minnesota taxable estate / exclusion); 2026 deaths).

Does Minnesota have an inheritance tax?

Inheritance tax: No (Minn. Stat. §§ 291.03 (rates), 291.016 (Minnesota taxable estate / exclusion)).

Can you use a transfer-on-death deed in Minnesota?

Transfer-on-death deed for real estate: Available — Transfer-on-death deed (Minn. Stat. § 507.071 — Transfer on Death Deeds; enacted 2008 (Laws 2008, ch. 341)).

What is the Medicaid look-back period in Minnesota?

Look-back period: 60 months before the baseline date (Minnesota Eligibility Policy Manual section 2.4.1.3.1; Published June 1, 2016).

Does Minnesota tax Social Security benefits?

Social Security benefits: Partly taxed or conditional (Inflation Adjusted Amounts for 2026; tax year 2026).

State estate tax

Estate-tax dataset 2026.v2

State estate tax
YesVerified

Source: Minn. Stat. §§ 291.03 (rates), 291.016 (Minnesota taxable estate / exclusion) · Checked July 18, 2026

Estate-tax exemption
$3,000,000Verified

Source: Minn. Stat. §§ 291.03 (rates), 291.016 (Minnesota taxable estate / exclusion) · Effective: 2026 deaths · Checked July 18, 2026

Estate-tax filing threshold
$3,000,000Verified

Source: Minn. Stat. §§ 291.03 (rates), 291.016 (Minnesota taxable estate / exclusion) · Checked July 18, 2026

Estate-tax top rate
16%Verified

Source: Minn. Stat. §§ 291.03 (rates), 291.016 (Minnesota taxable estate / exclusion) · Effective: 2026 deaths · Checked July 18, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoVerified

Source: Minn. Stat. §§ 291.03 (rates), 291.016 (Minnesota taxable estate / exclusion) · Checked July 18, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
Available — Transfer-on-death deedVerified

Source: Minn. Stat. § 507.071 — Transfer on Death Deeds · Effective: enacted 2008 (Laws 2008, ch. 341) · Checked July 26, 2026

Controlling statute
Minn. Stat. § 507.071Verified

Source: Minn. Stat. § 507.071 — Transfer on Death Deeds · Effective: enacted 2008 (Laws 2008, ch. 341) · Checked July 26, 2026

Small-estate procedure

Ceiling, property, and timing
$75,000 net probate estate; personal property; 30-day waitVerified

Source: Minn. Stat. § 524.3-1201 · Effective: 2025 Minnesota Statutes · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

Elderly Waiver special income standard
$2,982 per monthVerified
  • Applies to: single waiver applicant.

Source: Minnesota Eligibility Policy Manual Appendix F · Effective: Published August 27, 2026; cited annual figures effective January 1, 2026 · Checked September 5, 2026

Universal institutional gross-income limit
Does not apply
  • Applies to: applicant; MA-LTC uses the person's Medical Assistance basis and an LTC income calculation.

The primary-source authority cited for this cell establishes that the field does not apply.

Source: Minnesota Eligibility Policy Manual section 2.4.2 · Effective: Published June 11, 2024 · Checked September 5, 2026 · Ask the state agency

MA-ABD one-person asset limit
$3,000Verified
  • Applies to: one-person household.

Source: Minnesota Eligibility Policy Manual section 2.3.3.2.1 · Effective: Published June 3, 2026 · Checked September 5, 2026

MA-ABD two-person asset limit
$6,000Verified
  • Applies to: two-person household; add $200 for each additional household member.

Source: Minnesota Eligibility Policy Manual section 2.3.3.2.1 · Effective: Published June 3, 2026 · Checked September 5, 2026

Minimum community-spouse asset allowance
Does not apply
  • Applies to: institutionalized applicant with a community spouse; Minnesota specifies no state minimum.

The primary-source authority cited for this cell establishes that the field does not apply.

Source: Minnesota Eligibility Policy Manual Appendix F · Effective: Published August 27, 2026; cited annual figures effective January 1, 2026 · Checked September 5, 2026 · Ask the state agency

Maximum community-spouse asset allowance
$162,660Verified
  • Applies to: institutionalized applicant with a community spouse.

Source: Minnesota Eligibility Policy Manual Appendix F · Effective: Published August 27, 2026; cited annual figures effective January 1, 2026 · Checked September 5, 2026

Community-spouse monthly maintenance-needs allowance
$2,705 minimum to $4,066.50 maximumVerified
  • Applies to: institutionalized applicant with a community spouse; Minnesota rounds the shelter standard to $812.

Source: Minnesota Eligibility Policy Manual Appendix F · Effective: Published August 27, 2026; cited MMMNA and SAPSNF figures effective July 1, 2026 · Checked September 5, 2026

Home-equity limit
$752,000Verified
  • Applies to: applicant subject to Minnesota's substantial-home-equity rule.

Source: Minnesota Eligibility Policy Manual Appendix F · Effective: Published August 27, 2026; cited annual figures effective January 1, 2026 · Checked September 5, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 months before the baseline dateVerified

Source: Minnesota Eligibility Policy Manual section 2.4.1.3.1 · Effective: Published June 1, 2016 · Checked September 5, 2026

Transfer-penalty divisor
$11,869 per month from July 1, 2026 through June 30, 2027Verified

Source: Minnesota Eligibility Policy Manual Appendix F, SAPSNF divisor · Effective: Published August 27, 2026; SAPSNF effective July 1, 2026 through June 30, 2027 · Checked September 5, 2026

How the state administers the penalty
Minnesota establishes a new look-back after a break in long-term-care services of at least one full calendar month. The transfer date follows the transaction: for example, the date a check clears or the earliest verified delivery date for a deed.Verified

Source: Minnesota Eligibility Policy Manual section 2.4.1.3.1 · Effective: Published June 1, 2016 · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
Minnesota recovers nursing-facility, home- and community-based, and related hospital and prescription services received at age 55 or older, and all Medical Assistance for a permanently institutionalized person. Its estate definition reaches probate property and specified nonprobate interests, including life estates, joint tenancy, survivorship arrangements, and living trusts under the state plan's applicable death-date rules.Verified

Source: Minnesota Medicaid State Plan SPA 16-007 · Also: Minnesota Medicaid State Plan Attachment 4.17-A · Effective: SPA 16-007 approved December 20, 2016; effective July 1, 2016 · Checked September 5, 2026

Controlling authority
Minnesota Medicaid State Plan Attachment 4.17-A governs the state's estate-recovery and lien program.Verified

Source: Minnesota Medicaid State Plan Attachment 4.17-A · Effective: TN 09-016 approved June 18, 2010; effective July 1, 2009 · Checked September 5, 2026

Exemptions and deferrals
Recovery is deferred for a surviving spouse and protected child. Home protections also apply to a qualifying sibling with an equity interest and a qualifying caregiver child or grandchild; protected long-term-care partnership assets are excluded.Verified

Source: Minnesota Medicaid State Plan Attachment 4.17-A · Effective: TN 09-016 approved June 18, 2010; effective July 1, 2009 · Checked September 5, 2026

Hardship waiver
The notice of claim includes the waiver application. An applicant has 30 days to apply; the county decides within 30 days and sends a written decision with appeal information.Verified

Source: Minnesota Medicaid State Plan TN 12-28 Attachment 4.17-A · Effective: TN 12-28 approved March 27, 2013; effective October 1, 2012 · Checked September 5, 2026

Lien practice
Minnesota may record a pre-death medical-assistance lien after a physician verifies permanent institutionalization and the state provides notice. Collection remains subject to the state plan's protected-relative deferrals.Verified

Source: Minnesota Medicaid State Plan Attachment 4.17-A · Effective: TN 09-016 approved June 18, 2010; effective July 1, 2009 · Checked September 5, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
Partly taxed or conditionalVerified
  • Minnesota taxes the federal taxable amount but allows either a simplified or alternate Social Security subtraction subject to filing-status thresholds.
  • 2026 simplified-subtraction phaseout threshold.
  • 2026 simplified-subtraction phaseout threshold.
  • 2026 simplified-subtraction phaseout threshold.
  • The alternate method has maxima $5,840 joint, $4,560 single/HOH, and $2,920 MFS with separate phaseout thresholds $88,630/$69,250/$44,315.

Source: Inflation Adjusted Amounts for 2026 · Effective: tax year 2026 · Checked December 15, 2025

Public pensions
Exempt when conditions are metVerified
  • A qualified public pension subtraction is available only for service that did not earn Social Security credit and is subject to income phaseout.
  • The pension must be a qualifying state or federal plan for service that did not allow Social Security credit.
  • Mixed-service benefits require month-based allocation to non-Social-Security-covered service.
  • 2026 joint/surviving-spouse maximum.
  • 2026 single/HOH/MFS maximum.
  • 2026 phaseout threshold.
  • 2026 phaseout threshold.
  • 2026 phaseout threshold.

Source: Inflation Adjusted Amounts for 2026 · Effective: tax year 2026 · Checked December 15, 2025

Private pensions
TaxedVerified
  • Minnesota taxes private pension income included in federal taxable income; no pension-specific subtraction is established by this receipt.

Source: 2025 Minnesota Individual Income Tax Return (M1) Instructions · Effective: tax year 2025 · Checked July 15, 2026

IRA and 401(k) distributions
TaxedVerified
  • Minnesota taxes the federally taxable portion of IRA and 401(k)-type distributions unless a separate subtraction applies.
  • Taxable IRA distributions, pensions, and annuities are included in Minnesota income unless a separately authorized subtraction applies.
  • A separately authorized subtraction must be established independently; none is inferred from the general inclusion rule.

Source: 2025 Minnesota Individual Income Tax Return (M1) Instructions · Effective: tax year 2025 · Checked July 15, 2026

Military retirement pay
Exempt when conditions are metVerified
  • Qualifying military retirement pay may be subtracted from Minnesota taxable income.
  • Qualifying payments include active-component retirement under 10 U.S.C. §§ 1401–1414, reserve-component retirement under § 12733, and Survivor Benefit Plan payments under §§ 1447–1455.
  • The retirement pay must be taxable on the federal return.
  • The subtraction cannot be claimed together with Minnesota's Credit for Past Military Service; pensions exclusively from dual-status technician service do not qualify.

Source: Military Pension Subtraction · Effective: tax year 2025 · Checked December 16, 2025

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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