Minnesota Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   A Minnesota small estate affidavit is a sworn statement that lets a decedent's successor collect personal property, from a bank account or a final paycheck to the contents of a safe deposit box, without opening a full probate case.

2. 2

   The affidavit is available only when the value of the entire probate estate, determined as of the date of death and wherever located, less liens and encumbrances, does not exceed $75,000 (Minn. Stat. Section 524.3-1201).

3. 3

   It may not be used until at least 30 days have elapsed since the death of the decedent (Minn. Stat. Section 524.3-1201).

4. 4

   The $75,000 figure measures the value of the whole probate estate, including the contents of any safe deposit box, not just the single asset the successor is trying to collect.

5. 5

   The successor presents a certified death record together with the affidavit directly to the party holding the asset, and no filing with a court and no court order is required.

6. 6

   The affidavit reaches personal property only; the Minnesota Judicial Branch form is titled Small Estate, No Real Estate, so a house or land does not pass by this affidavit.

7. 7

   The affidavit must state that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction, and the successor who receives property remains accountable to any personal representative or person with a superior right (Minn. Stat. Section 524.3-1202).

Minnesota Requirements for Small Estate Affidavit

• 30-Day Waiting Period

  In Minnesota a small estate affidavit may not be used until at least 30 days have elapsed since the death of the decedent (Minn. Stat. Section 524.3-1201). The affidavit states that this 30-day period has passed, and the successor presents a certified death record with it.

• $75,000 Whole-Estate Limit

  The affidavit is available only when the value of the entire probate estate, determined as of the date of death and wherever located, including the contents of any safe deposit box, less liens and encumbrances, does not exceed $75,000 (Minn. Stat. Section 524.3-1201). This is a whole-estate test, not a per-asset test.

• Personal Property Only

  The Section 524.3-1201 affidavit reaches personal property only, such as bank accounts, wages, securities, and safe deposit box contents. The Minnesota Judicial Branch titles its form Small Estate, No Real Estate, so a house or land does not pass by this affidavit and is handled through probate or another Minnesota procedure.

• No Personal Representative Pending

  The affidavit must state that no application or petition for the appointment of a personal representative of the decedent is pending or has been granted in any jurisdiction (Minn. Stat. Section 524.3-1201). If probate has already been opened, the affidavit is not available.

• Certified Death Record

  A certified death record of the decedent must be presented together with the affidavit (Minn. Stat. Section 524.3-1201). Minnesota uses the term certified death record rather than certified copy of the death certificate. If the decedent left a will, keep a copy available.

• Who May Be the Affiant

  Any person claiming to be the successor of the decedent may sign, and the affidavit must state that the claiming successor is entitled to payment or delivery of the property (Minn. Stat. Section 524.3-1201). A state or county agency with a claim authorized by Section 256B.15 may also use the affidavit.

• Presented to the Asset Holder, Not Filed

  A Section 524.3-1201 affidavit is presented directly to the bank, employer, transfer agent, or safe deposit company holding the asset, not filed with a court, and no court order is required. The holder pays or delivers the property upon presentation of the affidavit and a certified death record.

• Successor Remains Accountable

  Any person to whom payment, delivery, or transfer is made is answerable and accountable to any personal representative of the estate or to any other person having a superior right (Minn. Stat. Section 524.3-1202). The affidavit is made under oath, so do not sign if the facts are uncertain.