A Small Estate
Minn. Stat. 524.3-1201 — an affidavit for a probate estate of $75,000 or less
In Minnesota, thirty days after a death, anyone who owes the decedent money or holds the decedent's property must pay or deliver it to a person claiming to be the successor, on being shown a certified death record and an affidavit that meets the section.
- The entire probate estate, less liens and encumbrances, does not exceed $75,000.
- 30 days have passed since the death, or for a safe deposit box, since its inventory was filed.
- No petition for a personal representative is pending or has been granted anywhere.
- The claiming successor is entitled to the property.
On the same affidavit, a transfer agent changes the registered owner of a security, and a motor vehicle registrar issues a new certificate of title to the successor. The successor pays out of what is collected anyone with a superior claim.
A safe deposit company need not open the box if it knows of an objection or the key is unavailable. Claims by a state or county agency for medical assistance are in the section and in other sections and are not reproduced here. Whether an estate qualifies is a question for the district court and for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 524.3-1201 — Collection of personal property by affidavit
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.