Skip to content
PayByTown

Small estate affidavit in Minnesota (2026)

In Minnesota, heirs can collect up to $75,000 without probate with a sworn affidavit (Affidavit for collection of personal property (Minn. Stat. §524.3-1201; form PRO202)). You must wait 30 days after the death. Real estate: not covered. Last checked .

Minnesota at a glance

Affidavit cap
$75,000
Value counted
Net value (after liens and encumbrances)
Waiting period
30 days
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Summary proceedings / summary closing (Minn. Stat. §524.3-1203) (up to $150,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Minnesota cap for this date of death

    $75,000

    A worked example for Minnesota

    Say a parent who lived in Minnesota died on March 1, 2026, leaving $60,000 in a bank account in their name only and no house. $60,000 is within the $75,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

    The rules in Minnesota

    • The affidavit. The successor gives a certified death record and a sworn affidavit to debtors, holders of property and safe deposit companies, who must pay or deliver the property. The motor vehicle registrar must issue a new title. It is not filed with the court.
    • Cap. The probate estate, less liens, must be $75,000 or less.
    • What counts. The entire probate estate wherever located, valued at the date of death, including any safe deposit box contents, less liens and encumbrances.
    • What doesn't count. Non-probate property is outside the 'probate estate'. Liens and encumbrances are subtracted.
    • Waiting period. 30 days after death. For safe deposit box contents, 30 days after the box inventory is filed.
    • Conditions. No application or petition to appoint a personal representative may be pending or granted anywhere. The successor must pay anyone with a superior claim (spouse/children's property selection and allowances; priority claims under §524.3-805). The safe deposit company need not open the box if anyone objects or the key is missing.
    • Who can sign. A person claiming to be the decedent's successor, or a state or county agency with a medical assistance (estate recovery) claim under §256B.15.
    • Court filing. Not filed with the court. It is presented with a certified death record.

    Houses, land and vehicles

    • Real estate. The court form is titled 'Small Estate - No Real Estate'. Land must pass through probate, including a summary proceeding under §524.3-1203.
    • Vehicles. A motor vehicle registrar must issue a new certificate of title to the successor who presents the §524.3-1201 affidavit.

    When the affidavit isn't enough

    The court can summarily assign the estate when it is no larger than exempt property, allowances and priority expenses. It can also close an estate summarily if the gross probate estate, not counting the exempt homestead and exempt property, is $150,000 or less, once allowances and §524.3-805 debts are paid and a bond is filed. A will must first be formally probated.

    Good to know in Minnesota

    • Whoever receives property is answerable to a later personal representative or anyone with a superior right (§524.3-1202).
    • State or county medical assistance claims can be collected by the same affidavit procedure.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

    More for Minnesota

    Everything for Minnesota on one page