Small estate checker for Minnesota

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	$75,000
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

1. Wait until at least 30 days after the death.
2. Add up the value of the person's entire probate estate, wherever located, minus liens and encumbrances.
3. Confirm no probate case to appoint a personal representative has been filed anywhere.
4. Fill in the affidavit and sign it before a notary.
5. Give the affidavit and a certified death record to each holder.
6. 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

• PRO202 Affidavit for Collection of Personal Property (Small Estate, No Real Estate) - Minnesota Judicial Branch
• PRO201 Instructions for Affidavit for Collection of Personal Property

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

Source: Official page

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	$150,000
On or before July 31, 2016	$100,000

An 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

1. File a petition with the probate court describing the estate and who is entitled to it.
2. Show that priority items (spouse and children's allowances, funeral and last-illness costs) have been paid.
3. File any bond the court requires.
4. 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