Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney for advice tailored to your circumstances.
Detailed Answer
Under Minnesota law, you can file a small estate affidavit if the decedent’s gross personal assets subject to probate total no more than $75,000 and at least 30 days have passed since the date of death. See Minn. Stat. § 524.3-303.
To complete the affidavit, gather the following documents and information:
- Certified Death Certificate – Obtain an official certified copy from the county vital records office.
- Small Estate Affidavit Form – Use the form approved by the Minnesota district court. You can find it on the Minnesota Judicial Branch website or at your local courthouse.
- Asset Inventory and Valuation
- Bank and brokerage statements showing account balances.
- Insurance policies indicating cash value.
- Vehicle title or registration for automobiles.
- Real estate deeds or mortgage statements for property outside probate.
- Statements for retirement or investment accounts with pay-on-death designations.
- Proof of Heirship
- Marriage certificate if the surviving spouse is an heir.
- Birth certificates or adoption decrees for children.
- Family tree or genealogy chart if you need to clarify relationships.
- Government-Issued ID – Provide a valid photo ID for the person signing the affidavit.
- Verification of No Pending Probate – A brief statement in the affidavit confirming no personal representative has been appointed.
Once you complete the form and attach these supporting documents, you must sign the affidavit before a notary public and file it with the probate court in the county where the decedent resided.
Helpful Hints
- Order certified death certificates early; processing can take several weeks.
- Label exhibits clearly and paginate long asset statements for easy reference.
- Keep copies of everything you file; the court may not return original documents.
- Verify asset values as of the date of death to avoid later disputes.
- Seek assistance from the court clerk if you have questions about form requirements.