Disclaimer: This article provides general information about Minnesota small estate affidavits. It is not legal advice. Consult an attorney for guidance specific to your situation.
Detailed Answer
A small estate affidavit lets heirs collect certain probate assets without formal probate in Minnesota. It applies when the total value of estate assets does not exceed statutory thresholds. Under Minn. Stat. § 524.3-1203, real property qualifies if each parcel is valued at $75,000 or less. Under Minn. Stat. § 524.3-1205, personal property qualifies if the total value subject to probate is $75,000 or less.
- Confirm eligibility. Calculate the value of all probate assets. Exclude vehicles titled under the Uniform Commercial Code and assets held jointly with rights of survivorship. If real and personal property each meet the $75,000 threshold, you may use the affidavit process.
- Identify heirs. Determine the decedent’s heirs under intestacy rules (Minn. Stat. § 524.2-101) or follow the will if one exists.
- Complete the affidavit. Draft an affidavit listing the decedent’s name, date of death, asset descriptions and values, and heir names and addresses. Attach a certified copy of the death certificate. Sign the affidavit under oath.
- Provide notice. Minnesota law requires a five-day waiting period after filing. Mail notice to known creditors and interested parties or publish notice if required.
- File with the court. Submit the completed affidavit to the district court administrator in the county of the decedent’s residence or where property is located. Pay any filing fees.
- Collect and distribute assets. Present the filed affidavit and death certificate to banks or other holders of estate assets. After collection, distribute funds or property to heirs according to the affidavit and applicable statutes.
If any single asset exceeds the $75,000 limit or disputes arise among heirs, you must open a formal probate estate under Minn. Stat. ch. 524.
Helpful Hints
- Review all asset titles to confirm which items go through probate.
- Obtain certified copies of the death certificate early in the process.
- Keep detailed distribution records and obtain signed receipts from heirs.
- Verify family relationships with a family tree or professional assistance for complex estates.
- Consult a probate attorney if estate values approach thresholds or if creditor claims are likely.