Disclaimer

This information is educational only and is not legal advice. I am not a lawyer. For advice about a specific estate, consult a licensed Minnesota probate attorney.

Detailed answer — what to list (and what to leave off) under Minnesota law

Minnesota allows certain personal property of a decedent to be collected or transferred using an affidavit procedure in lieu of formal probate. The affidavit procedure is designed to simplify collection of personal property (not real estate) when the estate qualifies as a “small estate.” For statutory rules about collection by affidavit, see Minn. Stat. § 524.3‑1201 and related sections: https://www.revisor.mn.gov/statutes/cite/524.3-1201. Also review Minnesota court probate forms and instructions: https://www.mncourts.gov/Help-Topics/Probate/Probate-Forms.aspx.

When completing a Minnesota small‑estate affidavit, follow these general rules:

• Include assets that are part of the decedent’s probate personal property. That means assets that would pass under the will (if any) or by intestacy and that do not pass automatically to another person by operation of law or by contract. Common examples: personal bank accounts that name the estate as payee, tangible personal property (furniture, jewelry) owned solely by the decedent, certain unsecured debts owed to the decedent, stock certificates registered solely in the decedent’s name, and personal items with market value.
• Do not include assets that pass outside probate. Exclude items that automatically pass to another by operation of law or contract. Examples: property held as joint tenants with right of survivorship; bank accounts or securities with a valid Payable‑On‑Death (POD) or Transfer‑On‑Death (TOD) designation; retirement accounts, IRAs, 401(k)s, or life insurance proceeds paid directly to a named beneficiary. These are not probate assets and generally should not be listed as estate assets on the affidavit.
• Real estate is usually excluded. The small‑estate affidavit procedure is normally limited to personal property. Do not use the affidavit to transfer title to real estate unless Minnesota statutes or local rules explicitly allow it for a specific limited circumstance; in most cases a different probate procedure or a deed is required. When in doubt, consult the statutes or an attorney.
• State the value as of the date of death, and be honest. List reasonable good‑faith values for each listed asset as of the decedent’s date of death. If an item truly had no market value, you may indicate “0” or “none,” but it’s safer to list even low‑value items rather than omit them entirely. If you genuinely do not know the value, state “unknown” and explain efforts to determine it.
• Identify liens and encumbrances. If an asset is subject to a known lien (for example, a vehicle with an outstanding loan), list the asset and disclose the lien and the lienholder and the approximate unpaid balance. Many collectors and institutions care about net value (value minus secured debt).
• Be transparent about jointly owned property and beneficiaries. If an account is joint or has a named beneficiary, identify that status in the affidavit. Institutions will evaluate whether the account is subject to probate or passes outside probate.
• Include cash and bank accounts that are probate property. Some bank accounts are payable to the estate or have no named POD/TOD beneficiary. These accounts are probate property and should be listed, with the balance as of date of death (or best estimate) and documentation if available.
• Include miscellaneous receivables that belong to the estate. Examples: final paycheck owed to the decedent that is payable to the estate, refunds, or other sums that became payable to the decedent before death and payable to the estate after death.
• Exclude contingent or purely potential interests unless they are vested and payable to the estate. For example, an expected inheritance from another person’s will that has not taken effect is not an asset of the decedent’s estate.

Practical example (hypothetical)

Suppose Jane Doe (decedent) died owning:

• A checking account in her sole name with $6,000 and no POD designation — list it and state $6,000.
• A jointly held savings account with her brother as joint tenant — list it if the bank requires disclosure, but note the joint tenancy and that it likely passes to the survivor (do not treat full balance as probate asset).
• A life insurance policy naming her daughter as beneficiary — do not list as an estate asset unless the policy names the estate as beneficiary.
• A car titled solely in Jane’s name with a $3,000 fair market value and a $7,000 loan — list the car, state fair value and the lien and approximate unpaid balance; net value will be negative but still disclose both numbers.
• A house titled solely in Jane’s name — do not use the small‑estate affidavit to transfer title to the real property; consult probate procedures or an attorney.

This approach helps the person completing the affidavit show a complete, accurate picture of what is truly part of the probate personal property estate.

What if you leave items blank or enter “0”?

• Entering “0” for an asset that actually has value risks problems and may be treated as a false statement. Only use “0” if the item truly has no market or collectible value.
• Leaving lines blank may lead an institution to refuse to accept the affidavit or to request clarification. Better: list all known probate assets, or if you genuinely do not know a value, write “unknown” and explain.
• If you learn of additional assets after filing the affidavit, notify the collecting institution and obtain legal advice. Some statutes impose duties to account for subsequent discovered assets.

Because small‑estate rules and thresholds vary and mistakes can have legal consequences, use caution and document your good‑faith basis for values and statements in the affidavit.

Statute and forms (starting points)

• Minnesota statutory rule for collection by affidavit: Minn. Stat. § 524.3‑1201.
• Minnesota Judicial Branch probate forms and instructions (affidavits, inventories, and related forms): https://www.mncourts.gov/Help-Topics/Probate/Probate-Forms.aspx.

Helpful hints

1. Gather documentation first: bank statements (date of death balance), account agreements (POD/TOD/beneficiary designations), vehicle title, loan statements, insurance policies, and any recent appraisals.
2. Check beneficiary designations and account registration before assuming an asset is probate property.
3. If an asset has a lien, show both gross value and lien amount; institutions often need the lienholder’s name and contact information.
4. When values are estimates, note that they are estimates and keep records showing how you arrived at them (e.g., online valuations, dealer quotes, recent sales of similar items).
5. Don’t try to use the small‑estate affidavit to transfer title to real estate. Contact a probate attorney if the decedent owned real property.
6. If the estate may exceed the small‑estate threshold or if any asset is disputed, get legal advice before using the affidavit. Thresholds and allowable items can change; confirm current limits with the statute and local court.
7. Consider asking the institution (bank, title office, DMV) what documentation they require along with the affidavit. Each institution may have its own acceptance policies.
8. If you are uncertain about whether an item is probate property, list it and explain its status (e.g., “joint account — likely nonprobate”). Transparency reduces the risk of accusations of omission.