Minnesota Small Estate Affidavit Form

Minnesota Small Estate Affidavit Form

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Last updated March 21st, 2026

Minnesota small estate affidavit allows the successors of a deceased individual to skip the probate process and collect estate assets out of court. The “Affidavit of Collection of Personal Property” offers a faster and less expensive way to avoid probate, but is limited to estates valued at $75,000 or less.

Minnesota small estate affidavit allows the successors of a deceased individual to skip the probate process and collect estate assets out of court. The “Affidavit of Collection of Personal Property” offers a faster and less expensive way to avoid probate, but is limited to estates valued at $75,000 or less.

Laws

  • Maximum Estate Value: $75,000[1]
  • Mandatory Waiting Period: 30 days[2]
  • Where to File: Not mandatory in Minnesota.

How To Use (3 Steps)

Step 1 – Ensure Estate Meets Requirements

Claiming personal property using this affidavit is only possible if the following statements are true[3]:

  • The value of the entire estate, including contents of a safety deposit box, subtracting any liens and encumbrances, is not greater than $75,000.
  • At least 30 days have elapsed since the decedent passed away or since their security deposit box was inventoried.
  • No petition or application has been submitted to the court to appoint a personal representative.
  • Affiant (the person completing the affidavit) is the next rightful owner of the property.

Step 2 – Complete Affidavit

The affiant must complete the Affidavit for Collection of Personal Property and sign it in the presence of a notary public or deputy court administrator. A certified death record must be attached to the affidavit.

Step 3 – Collect Property

The notarized affidavit shall be presented to any person or entity holding the decedent’s personal property, who is then obligated to release the claimed asset to the affiant.[4]