Settle a small estate in Minnesota without probate
In Minnesota this is called: Affidavit for collection of personal property (small estate affidavit); summary proceedings; determination of descent. If the person's probate estate, minus liens, is worth $75,000 or less, the person who inherits can collect bank accounts, cars and other personal property by giving the holder a sworn affidavit and a certified death record, without a court case.
Up to $75,000 (deaths on or after August 1, 2016), 30 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Minnesota limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in Minnesota.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Minnesota, by procedure.
Car, bank, house in Minnesota
Car or other vehicle
When the owner has died, the vehicle should be transferred to remove the owner's name. A motor vehicle registrar must issue a new title in the successor's name when shown a small estate affidavit and certified death record (after 30 days).
Bank accounts
Money in a joint account belongs to the surviving owner, and money in a payable-on-death account belongs to the named payee, without probate.
House or land
An owner can sign a transfer on death deed naming beneficiaries for real estate. It is valid only if recorded in the county where the property is before the owner's death, and it can be revoked by a recorded revocation before death.
Related pages
- Small estate affidavit in Minnesota
- Car title after a death in Minnesota
- Bank accounts after a death in Minnesota
- House without probate in Minnesota
- Small estate checker for Minnesota
- Letter to a bank in Minnesota
- Balance request letter for Minnesota
- What-to-gather checklist for Minnesota
- All about small estates in Minnesota
Affidavit for Collection of Personal Property (small estate affidavit)
A sworn statement you give to a bank, company, safe deposit company or motor vehicle registrar, with a certified death record, so they pay or deliver the person's personal property to you. It is not filed with the court.
- Limit
Up to $75,000 (deaths on or after August 1, 2016) Counted after subtracting liens (what is owed on the property).
Date of death Limit On or after August 1, 2016$75,000On or before July 31, 2016$50,000The entire probate estate, minus liens and encumbrances, cannot be worth more than $75,000. The limit was raised from $50,000 to $75,000 by a 2016 law (Laws 2016, chapter 135), in effect since August 1, 2016.
- What counts
The value of the entire probate estate on the date of death, wherever located (including real estate and the contents of a safe deposit box), minus liens and encumbrances. Property that passes outside probate, such as joint, payable-on-death and transfer-on-death property, is not part of the probate estate.
- Waiting period
At least 30 days must have passed since the death. For the contents of a safe deposit box, 30 days must have passed since an inventory of the box was filed.
- Who can use it
A person claiming to be the successor (someone entitled to the property under the will or by inheritance law), or someone acting for the successor. A state or county agency with a medical assistance (Medicaid) claim may also use the affidavit. The affidavit must state that no application or petition to appoint a personal representative is pending or has been granted anywhere.
- Court or where to file
Not filed with a court. You give it to the bank, company, safe deposit company or deputy registrar holding or titling the property.
- Notary
It is an affidavit, so it is signed under oath before a notary or other officer.
- Papers to attach
- Certified death record (certified death certificate)
- The affidavit with the statements the law requires: estate value under $75,000 after liens, 30 days have passed, no personal representative case pending or granted, and the successor is entitled to the property
- Steps
- Wait until at least 30 days after the death.
- Add up the value of the person's entire probate estate, wherever located, minus liens and encumbrances.
- Confirm no probate case to appoint a personal representative has been filed anywhere.
- Fill in the affidavit and sign it before a notary.
- Give the affidavit and a certified death record to each holder.
- Pay or deliver the property to anyone with a better right to it, such as the surviving spouse's exempt property or allowances or priority funeral and medical expenses.
- Fee
There is no court filing fee because the affidavit is not filed with the court. The deputy registrar charges its usual title fees for a vehicle.
- Debts and responsibility
The person who receives property must pay it to anyone with a superior claim: the surviving spouse's or children's exempt property and allowances, and the priority expenses and claims, such as funeral and last-illness costs. The person who receives property is answerable to any personal representative later appointed or to anyone with a better right.
- What the bank or holder must do
On a proper affidavit and certified death record, the holder must pay or deliver the property, a transfer agent must re-register securities, and a motor vehicle registrar must issue a new title. The holder is discharged and released as if it had dealt with a personal representative and does not have to check the truth of the affidavit. If the holder refuses, the successor can bring a court proceeding to recover the property or compel delivery.
Law: Minn. Stat. 524.3-1201, 524.3-1202
Source: Official page
Summary proceedings (summary assignment or distribution)
A court procedure in which the probate court can assign the property, including real estate, to the people entitled to it without a full administration. It is used when the estate is used up by the spouse's and children's allowances and priority expenses, or when the gross probate estate, not counting an exempt homestead and exempt property, is $150,000 or less.
- Limit
Up to $150,000 (deaths on or after August 1, 2016) Counted at full value, without subtracting debts.
Date of death Limit On or after August 1, 2016$150,000On or before July 31, 2016$100,000An estate can be summarily closed if the gross probate estate, not counting an exempt homestead and exempt property, is $150,000 or less (raised from $100,000 by Laws 2016, chapter 135). An estate of any size can be assigned summarily if it is used up by the spouse's and children's exempt property and allowances and the priority funeral, administration and last-illness expenses.
- What counts
For a summary closing when the estate is not used up by priority items: the gross probate estate, not counting the exempt homestead and exempt property.
- Waiting period
The law sets no fixed waiting period; the court decides on notice.
- Who can use it
Any interested person may petition. Before a summary closing, the petitioner must show that the spouse's and children's property selection and allowances and the priority expenses and claims have been paid, and must file a bond if the court requires it.
- Court or where to file
The district court (probate) of the county where the person lived.
- Papers to attach
- Petition for summary assignment or distribution
- Appraisal of real estate other than the homestead
- Will, if any (it must be formally probated before a decree under a will)
- Bond, if the court requires it
- Steps
- File a petition with the probate court describing the estate and who is entitled to it.
- Show that priority items (spouse and children's allowances, funeral and last-illness costs) have been paid.
- File any bond the court requires.
- The court issues a decree or order assigning the property.
- Fee
Set by the court; ask the court administrator.
- Debts and responsibility
If an improper distribution is made, the petitioner and surety are liable for damages and may seek contribution from people who received assets, up to what they received.
Law: Minn. Stat. 524.3-1203, 524.3-1204
Source: Official page
Determination of descent (person dead more than three years)
If the person has been dead more than three years and no will was probated and no probate case was held, an interested person can ask the court to decide who inherits the real or personal property and assign it to them.
- Waiting period
The person must have been dead for more than three years.
- Who can use it
Any interested person, or an assignee or successor of an interested person.
- Court or where to file
The district court of the county where the person lived, or of a county where the property is.
- Papers to attach
- Petition to determine descent
- Steps
- Confirm more than three years have passed since the death and no probate was held.
- File a petition to determine descent with the district court.
- The court determines the heirs and assigns the property.
- Fee
Set by the court; ask the court administrator.
Law: Minn. Stat. 525.31-525.313
Source: Official page
Payment of wages owed to a surviving spouse (Minn. Stat. 181.58)
If no personal representative has been appointed, an employer must pay wages owed to the person, up to $10,000, to the surviving spouse who asks for them. The employer may also pay accumulated vacation or overtime credits.
- Limit
Up to $10,000
Up to $10,000 of wages owed. The amount the spouse receives reduces the spouse's exempt property allowance under Minn. Stat. 524.2-403.
- What counts
Wages owed to the person for work done, paid to the surviving spouse.
- Waiting period
The law sets no waiting period; the employer pays on the spouse's request if no personal representative has been appointed.
- Who can use it
The surviving spouse.
- Court or where to file
Asked of the employer.
- Notary
The employer must require an affidavit proving the spouse's relationship to the person.
- Papers to attach
- Affidavit of relationship to the person
- Written receipt for the payment
- Steps
- Ask the employer for payment of wages owed.
- Give the employer an affidavit proving you are the surviving spouse.
- Sign a written receipt for the payment.
- Fee
Not filed with a court.
- Debts and responsibility
The amount received counts against the spouse's exempt property allowance.
- What the bank or holder must do
The employer must pay on request if no personal representative has been appointed. Payment fully discharges the employer, which is not liable to the estate or a later personal representative.
Law: Minn. Stat. 181.58
Source: Official page
What counts toward the limit in Minnesota
Add up the person's entire probate estate on the date of death, wherever it is located, including real estate and the contents of any safe deposit box. Subtract liens and encumbrances (such as a mortgage or car loan). Property that passes outside probate by survivorship, payable-on-death, transfer-on-death or beneficiary designation is not part of the probate estate.
Law: Minn. Stat. 524.3-1201(a)(1)
In this state the total is counted after subtracting liens.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone, with no payable-on-death beneficiary, are part of the probate estate and count. Law: Minn. Stat. 524.3-1201(a)(1) |
Joint or payable-on-death (POD) bank accounts | Left out | Money in a joint account belongs to the surviving owner, and money in a payable-on-death account belongs to the named payee, as against the estate. These are left out. Law: Minn. Stat. 524.6-204 |
Cars and other vehicles | Counts | A vehicle in the person's name alone counts, minus any loan on it, unless it has a transfer-on-death beneficiary. The registrar issues a new title on the affidavit. Law: Minn. Stat. 524.3-1201(a)(1), (d); Minn. Stat. 168A.125 |
Boats and mobile or manufactured homes | Counts | Boats and manufactured homes in the person's name count, minus liens. Law: Minn. Stat. 524.3-1201(a)(1) |
Real estate in Minnesota | Counts | Real estate in the person's name counts toward the $75,000, minus mortgages and liens, even though the affidavit cannot transfer it. Real estate with a recorded transfer on death deed or held in joint tenancy is not part of the probate estate. Law: Minn. Stat. 524.3-1201(a)(1); Minn. Stat. 507.071 |
Main home (primary residence) | Counts | The person's home counts like other real estate in their name, minus the mortgage. Law: Minn. Stat. 524.3-1201(a)(1) |
Real estate in another state | Counts | The limit covers the entire probate estate 'wherever located', so real estate in other states counts. Law: Minn. Stat. 524.3-1201(a)(1) |
Unpaid wages owed to the person | Counts | Money owed to the person, such as unpaid wages, is part of the probate estate and counts. An employer must also pay up to $10,000 of wages directly to the surviving spouse if no personal representative has been appointed. Law: Minn. Stat. 524.3-1201(a); Minn. Stat. 181.58 |
Military pay owed to the person | Not clear | The small estate statute does not mention military pay owed to the person. Law: Minn. Stat. 524.3-1201 |
Life insurance or retirement money paid to a named person | Left out | Life insurance and retirement benefits paid to a named beneficiary are not part of the probate estate. Law: Minn. Stat. 524.3-1201(a)(1) ('probate estate') |
Life insurance or retirement money paid to the estate | Counts | Benefits payable to the person's estate are part of the probate estate and count. Law: Minn. Stat. 524.3-1201(a)(1) |
Property in a living trust | Left out | Property held in a trust is not part of the person's probate estate. Law: Minn. Stat. 524.3-1201(a)(1) ('probate estate') |
Property owned jointly with right of survivorship | Left out | Property held in joint tenancy with right of survivorship passes to the surviving owner and is not part of the probate estate. Law: Minn. Stat. 524.3-1201(a)(1); Minn. Stat. 524.6-204 |
Property going to a surviving spouse | Counts | Probate property the surviving spouse inherits is still part of the probate estate and counts. Property the spouse receives by survivorship or beneficiary designation is left out. Law: Minn. Stat. 524.3-1201(a)(1) |
Stocks, bonds and brokerage accounts | Counts | Stocks and bonds in the person's name count unless registered in transfer-on-death (beneficiary) form. A transfer agent must re-register securities on the affidavit. Law: Minn. Stat. 524.3-1201(a)(1), (b); Minn. Stat. 524.6-301 to 524.6-311 |
Furniture, jewelry and other belongings | Counts | Furniture, jewelry and other belongings count, minus any security interest. Law: Minn. Stat. 524.3-1201(a)(1) |
Source: Official page
Car or vehicle title after a death in Minnesota
When the owner has died, the vehicle should be transferred to remove the owner's name. A motor vehicle registrar must issue a new title in the successor's name when shown a small estate affidavit and certified death record (after 30 days). A surviving spouse is entitled to one automobile from the estate regardless of value. DVS form PS2071 is used either by a surviving spouse who selects the vehicle, or by an heir who certifies that the estate has not been and will not be probated and that there are no money claims or security interests on the vehicle. The form must be notarized and comes with the title, proof of death and the title and filing fees. A transfer-on-death beneficiary named on the title becomes the owner at death. DVS recommends visiting a deputy registrar office because these transfers need several documents and signatures.
Law: Minn. Stat. 524.3-1201(d), 524.2-403(a)(2), 168A.125; DVS form PS2071
- Agency
- Minnesota Department of Public Safety, Driver and Vehicle Services (DVS), through deputy registrar offices
- Waiting period
- 30 days after the death
- Fee
Deputy registrars charge the standard title transfer fees; see DVS vehicle fees.
- Transfer-on-death title
An owner can title a vehicle in transfer-on-death (TOD) form by naming one or more beneficiaries on the title application. The beneficiaries have no interest until the owner (or last joint owner) dies; the owner can change the beneficiary by applying for a new title.
Source: Official page
Bank accounts after a death in Minnesota
Money in a joint account belongs to the surviving owner, and money in a payable-on-death account belongs to the named payee, without probate. For an account in the person's name alone, the successor can use the small estate affidavit 30 days after the death if the probate estate, minus liens, is $75,000 or less. The bank must pay on a proper affidavit and certified death record and is then released.
Law: Minn. Stat. 524.6-204, 524.3-1201, 524.3-1202
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Minnesota
- Real estate (TOD deed)
Yes · Transfer on death deed
An owner can sign a transfer on death deed naming beneficiaries for real estate. It is valid only if recorded in the county where the property is before the owner's death, and it can be revoked by a recorded revocation before death.
Law: Minn. Stat. 507.071
- Vehicle title (TOD)
Yes
Law: Minn. Stat. 168A.125
- Bank account (POD)
Yes
Law: Minn. Stat. 524.6-204(b)
- Securities (TOD)
Yes
Law: Minn. Stat. 524.6-301 to 524.6-311
Source: Official page
Surviving spouse in Minnesota
A surviving spouse is entitled from the estate to household furniture, furnishings, appliances and personal effects worth up to $15,000 above any security interests, and one automobile regardless of value; if there is no spouse, the children share the same rights. If there is a surviving spouse, the homestead goes to the spouse if there are no descendants, or to the spouse for life and then to the descendants. People who collect by small estate affidavit must turn property over to anyone with these superior rights. An employer must pay up to $10,000 of wages owed to the surviving spouse on request if no personal representative has been appointed.
Law: Minn. Stat. 524.2-403; Minn. Stat. 524.2-402; Minn. Stat. 181.58
Debts of the person in Minnesota
Property collected by affidavit must be paid over to anyone with a superior claim, including the spouse's and children's exempt property and allowances and the priority claims such as funeral and last-illness expenses. The person who received it is accountable to a later personal representative.
Law: Minn. Stat. 524.3-1201(c), 524.3-805; Minn. Stat. 524.3-1202
Medicaid estate recovery in Minnesota
A state or county agency with a medical assistance claim can itself use the small estate affidavit, including against multiple-party accounts. For estate recovery, Minnesota's 'estate' includes the probate estate and also the person's interests in real estate held as a life tenant or joint tenant, transfer-on-death securities and accounts (to the extent they become part of the probate estate), and assets passing by survivorship, living trust or transfer-on-death deed or title. A claim is filed only if the person was in a medical institution six months or longer and not expected to return home, received the former general assistance medical care, or was 55 or older and received nursing facility, home and community-based services, or related hospital and prescription benefits. Recovery is limited while there is a surviving spouse or a child under 21 or a blind or disabled child, and there is a hardship waiver; the notice of claim must explain how to apply.
Law: Minn. Stat. 256B.15, 524.3-1201(a)(4)
- Agency
- Minnesota Department of Human Services (DHS), Medical Assistance estate recovery
- Official page
- Official page
Who inherits with no will in Minnesota
If there is no will, the surviving spouse gets everything if the person had no descendants, or if all the person's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse gets the first $225,000 plus half of the rest, and the person's descendants share the remainder. With no spouse, the estate goes to descendants, then parents, then brothers and sisters and their descendants, then grandparents and their descendants, then next of kin. The homestead has its own rules when there is a surviving spouse.
Law: Minn. Stat. 524.2-102, 524.2-103, 524.2-402
Source: Official page
Death certificates in Minnesota
Certified death certificates are available from the Minnesota Department of Health or a county vital records office. The CDC directory lists the fee as $13.00 per copy; check the current fee with the office.
- Where to get it
- Minnesota Department of Health, Office of Vital Records, or a county vital records office
- Official page
- Official page
Where to file in Minnesota
The small estate affidavit is not filed with a court; you give it with a certified death record to each holder or to a deputy registrar for a vehicle. Summary proceedings and determinations of descent are filed with the district court (probate) in the county where the person lived, or for descent, where the property is. A transfer on death deed must be recorded with the county before the owner dies.
Good to know in Minnesota
- Minnesota's $75,000 small estate limit counts the entire probate estate 'wherever located', including real estate, minus liens and encumbrances - but the affidavit can collect only personal property.
- A state or county agency with a Medical Assistance claim may use the same small estate affidavit to collect from the person's property.
- A safe deposit company may refuse to open a box under the affidavit if it knows of an objection or the key or combination is not available.
Changes in 2024–2026
Laws 2024, chapter 91 and Laws 2025, chapter 38 amended the transfer on death deed law, including rules on joint-tenant beneficiaries who die first, successor beneficiaries and recording of registered property. The small estate affidavit limit ($75,000) and summary closing limit ($150,000) did not change.
Law: Minn. Stat. 507.071
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Minnesota
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- LawHelpMN (Minnesota legal aid)
- Minnesota Judicial Branch: Form PRO201 instructions (small estate affidavit)
- Minnesota DVS: Deceased relative vehicle title transfer
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372
More help on our sister sites
Questions about small estates in Minnesota
What is a small estate affidavit called in Minnesota?
In Minnesota this is called: Affidavit for collection of personal property (small estate affidavit); summary proceedings; determination of descent. If the person's probate estate, minus liens, is worth $75,000 or less, the person who inherits can collect bank accounts, cars and other personal property by giving the holder a sworn affidavit and a certified death record, without a court case.
What is the small estate limit in Minnesota?
Up to $75,000 (deaths on or after August 1, 2016), 30 days after the death, no court filing.
How long do I wait in Minnesota?
At least 30 days must have passed since the death. For the contents of a safe deposit box, 30 days must have passed since an inventory of the box was filed.
Do I have to go to court in Minnesota?
Not filed with a court. You give it to the bank, company, safe deposit company or deputy registrar holding or titling the property.
How do I transfer a car after a death in Minnesota?
When the owner has died, the vehicle should be transferred to remove the owner's name. A motor vehicle registrar must issue a new title in the successor's name when shown a small estate affidavit and certified death record (after 30 days).
What happens to a bank account after a death in Minnesota?
Money in a joint account belongs to the surviving owner, and money in a payable-on-death account belongs to the named payee, without probate. For an account in the person's name alone, the successor can use the small estate affidavit 30 days after the death if the probate estate, minus liens, is $75,000 or less.
Who inherits in Minnesota if there is no will?
If there is no will, the surviving spouse gets everything if the person had no descendants, or if all the person's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse gets the first $225,000 plus half of the rest, and the person's descendants share the remainder.
Do I owe the person's debts in Minnesota?
Property collected by affidavit must be paid over to anyone with a superior claim, including the spouse's and children's exempt property and allowances and the priority claims such as funeral and last-illness expenses.
- Minn. Stat. 524.3-1201 (2026 Minnesota Statutes, Revisor of Statutes)
- Minn. Stat. 524.3-1202
- Minn. Stat. 524.3-1203
- Laws 2016, chapter 135 (art. 2, secs. 31-32)
- Minn. Stat. 524.6-204
- Minn. Stat. 524.2-403
- Minn. Stat. 524.2-402
- Minn. Stat. 168A.125
- Minn. Stat. 507.071
- Minn. Stat. 256B.15
- Minn. Stat. 524.2-102
- Minn. Stat. 524.2-103
- Minn. Stat. 525.31
- Minnesota DVS: Deceased relative vehicle title transfer
- CDC NCHS Where to Write for Vital Records: Minnesota
- Minn. Stat. 181.58
- DVS form PS2071