Detailed Answer
Under Minnesota law, an individual who finds or recovers unclaimed personal property may secure legal title by validating and certifying an affidavit of collection. This process is governed by Minnesota Statutes §§ 345.40–345.56, often called the Unclaimed Property Act.
1. Report and Hold the Property
Within 10 days of discovering the property, you must file a report with the local law enforcement agency where the property was found. See Minn. Stat. § 345.43 (revisor.mn.gov/statutes/cite/345.43). Keep the property safe and secure during the statutory waiting period:
- For items valued under $100: hold for 60 days.
- For items valued over $100: hold for 180 days.
2. Satisfy Notice Requirements
If you know the owner’s identity or address, send a written notice by certified mail. Include a description of the property, its approximate value, and a deadline for claiming it. If the owner does not respond within 30 days, you may proceed.
3. Prepare the Affidavit of Collection
After the statutory hold period expires, draft an affidavit containing:
- Your full legal name and address.
- Description of the property, where and when found.
- Date you reported the property (attach a copy of the law enforcement report).
- Efforts made to locate or notify the owner.
- Statement that the holding period under Minn. Stat. § 345.45 has elapsed and no claim was filed.
- Signed and notarized under Minn. Stat. § 358.116 (revisor.mn.gov/statutes/cite/358.116).
4. File and Certify with the Court
File the notarized affidavit with the Clerk of District Court in the county where the property was found. Pay the applicable filing fee (see Minn. Stat. § 357.021). The court will stamp or certify your affidavit, creating conclusive evidence of your title. You may then obtain a certified copy directly from the clerk’s office.
5. Optional Court Order for Sale
If you wish to sell the property rather than keep it, you can petition the district court for an order of sale under Minn. Stat. § 345.49 (revisor.mn.gov/statutes/cite/345.49). After sale, deposit proceeds with the court and follow distribution rules under Minn. Stat. § 345.54.
Helpful Hints
- Document every step: keep copies of reports, notices, and mailing receipts.
- Use a professional notary licensed in Minnesota for affidavit notarization.
- Check county-specific forms or local court rules for filing requirements.
- Retain certified copies and court stamps as your proof of title.
- Consider consulting a Minnesota attorney for complex or high-value property claims.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.