Small estate affidavit in Minnesota: who can use it and how

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.

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.

Affidavit for Collection of Personal Property (small estate affidavit)

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	$75,000
On or before July 31, 2016	$50,000

The 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.

Forms

Law: Minn. Stat. 524.3-1201, 524.3-1202

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

Questions about small estates in Minnesota

How long must I wait to use the affidavit 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.

What does the affidavit cost in Minnesota?

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.

Am I responsible for debts if I use the affidavit in Minnesota?

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.