Detailed Answer
This answer explains how Minnesota’s simplified procedures for small estates can let a close family member collect a deceased person’s bank account without full probate. It assumes you are the person entitled to claim the funds (for example, the decedent’s heir or an appointed personal representative). This is a general guide only — not legal advice.
Does Minnesota allow collection by affidavit?
Yes. Minnesota law contains procedures that allow certain assets to be collected or transferred without formal probate when the estate is small or when a non-probate transfer (like a payable-on-death designation) covers the account. For the state statutes that govern decedents’ estates, see Minnesota Statutes, Chapter 524: https://www.revisor.mn.gov/statutes/cite/524/. For court forms and guidance, see Minnesota Judicial Branch probate forms: https://www.mncourts.gov/Help-Topics/Probate-Forms.aspx.
Step-by-step: how to use an affidavit to claim a bank account
- Identify how the account is owned. Check whether the account is jointly owned, has a payable-on-death (POD) or transfer-on-death (TOD) beneficiary, or is only in the decedent’s name. If the account names a surviving joint owner or POD/TOD beneficiary, the bank will usually pay that person directly without any affidavit.
- Check for a will or an opened probate file. If someone already opened probate or the will names a personal representative, the bank may require letters testamentary/administration rather than an affidavit. Contact the county probate court if you aren’t sure whether a probate case exists.
- Gather required documents. Typical items banks require include: a certified copy of the death certificate; your government ID; the bank account number; a completed affidavit (see below); and any proof you are the heir or beneficiary (e.g., will or family tree). Banks can have their own forms and internal limits.
- Prepare the affidavit. Minnesota recognizes procedures for collecting property without formal administration. Many banks supply their own small estate affidavit or “affidavit of entitlement.” The affidavit generally states the decedent’s name, date of death, a description and value of the property being claimed, a statement that no probate proceeding is open (if true), and the claimant’s relationship to the decedent. Sign the affidavit before a notary as required by the bank.
- Present the affidavit to the bank. Deliver the completed affidavit, death certificate, and any other requested documents. The bank will verify its internal policies and may release funds to you if it accepts the affidavit.
- If the bank refuses. A bank can refuse to accept an affidavit if it doubts the claimant’s authority, suspects competing claims, or the estate exceeds whatever internal or statutory limits apply. If refusal happens, you may need to open a formal probate case or get a court order. Consult the county probate court or an attorney for next steps.
Practical examples (hypothetical)
Example A: The decedent had one checking account in their name only and no POD beneficiary. You collect a certified death certificate, sign a bank affidavit stating you are the sole heir under intestacy, and the bank accepts the affidavit and closes the account to you.
Example B: The decedent’s account lists a POD beneficiary. The bank pays the POD beneficiary directly once they provide a death certificate and ID. No affidavit is needed.
When you must open probate instead
- There are competing claims or uncertainty about heirs.
- The estate contains real estate or complicated assets requiring administration.
- The bank refuses the affidavit because of the account size, complexity, or internal policy.
- A will names an executor who has already begun probate proceedings.
When formal probate is necessary, the county probate court can explain filing procedures and required documents. Court forms and local rules are available at the Minnesota Judicial Branch site: https://www.mncourts.gov/Help-Topics/Probate-Forms.aspx.
Key Minnesota statute resource
For the statutory framework that governs estates and simplified collection procedures, start with Minnesota Statutes, Chapter 524: https://www.revisor.mn.gov/statutes/cite/524/. That chapter contains rules on probate administration, personal representatives, and various collection methods.
Helpful Hints
- Contact the bank first and ask whether they have a small estate or affidavit form. Banks often publish their requirements and dollar thresholds for accepting affidavits.
- Get multiple certified copies of the death certificate from the agency that issues them. Banks normally need an official copy, not a photocopy.
- Look for non-probate options first: joint ownership, POD/TOD, or named beneficiaries often remove the need for probate or affidavits.
- Keep careful records. Make copies of every document you give to the bank and get a receipt or written confirmation of any transfer.
- If you encounter another potential heir or creditor, consider consulting an attorney before signing affidavits that assert you are the only heir.
- If the bank won’t accept an affidavit because of the estate size or competing claims, contact the county probate court or a local probate attorney about opening a formal estate administration.
- Use official resources: Minnesota statutes (https://www.revisor.mn.gov/statutes/cite/524/) and Minnesota Judicial Branch probate resources (https://www.mncourts.gov/Help-Topics/Probate-Forms.aspx).
Disclaimer: This article explains general Minnesota law and common procedures. It is educational only and not legal advice. For advice tailored to your situation, contact a licensed Minnesota attorney or the county probate court.