Minnesota Small Estate Affidavit Form

A Minnesota small estate affidavit is a written statement made by or on behalf of the successor of someone who has died. The form is formally titled Affidavit for Collection of Personal Property for Small Estates. Under Minnesota Statutes section 524.3-1201, the successor presents it with a certified death record to the person holding the decedent's property. It applies only to an estate worth $75,000 or less.[1.2]

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Minnesota law. If you notice an error or outdated information, please contact us.

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Minnesota Laws and Requirements

Minnesota lets a successor collect a decedent's personal property with an affidavit under Minn. Stat. § 524.3-1201. The estate must be worth $75,000 or less, 30 days must have passed since the death, and no personal representative may be pending or appointed. The successor must also present a certified death record.[1.2]

These are the conditions the statute sets:

  • The value of the entire probate estate, wherever located, including any safe deposit box contents and less liens and encumbrances, does not exceed $75,000.[1.1]
  • At least 30 days have passed since the death of the decedent.[1.3]
  • No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.[1.1]
  • If the property is the contents of a safe deposit box, 30 days have passed since an inventory of the contents was filed.[1.1]
  • The successor presents a certified death record of the decedent along with the affidavit.[1.1]

The value of the entire probate estate, determined as of the date of death, wherever located, including specifically any contents of a safe deposit box, less liens and encumbrances, does not exceed $75,000

Minn. Stat. § 524.3-1201

The section is titled collection of personal property by affidavit, so the affidavit is for personal property. Real property has its own rule under the small estate procedure.[1.1]

Two names, one form. The statute is titled collection of personal property by affidavit, and the form is headed Affidavit for Collection of Personal Property for Small Estates. You may see it called a small estate affidavit or an affidavit of collection.

Minnesota Small Estate Affidavit Laws Details

Max. Estate$75,000, less liens and encumbrances[1.1]
Min. Time to Wait After Death30 days[1.3]
Property CoveredPersonal property[1.1]
Personal RepresentativeNone pending or appointed[1.1]
Required With the AffidavitA certified death record[1.1]
State LawMinn. Stat. § 524.3-1201

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Filling Out the Minnesota Small Estate Affidavit Form

The Minnesota form has one page. You fill in the heading, Items 1 to 3, the property in Item 7, the payment method and the signature blocks. Use our form-building software to get an up-to-date template, then fill in the downloaded PDF online or print it. This page covers the Minnesota version of the small estate affidavit.

The screenshots under each step show the FormsPal Minnesota small estate affidavit template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Affiant, decedent and successor details (heading and Items 1-3). Enter the county and the affiant's name at the top, then the affiant's address in Item 1. In Item 2, fill in the decedent's name, age, date of death, address at death, Social Security Number and Employee ID. In Item 3, enter the affiant's relationship to the decedent and the percent the affiant is entitled to.
    Minnesota small estate affidavit: PURSUANT TO MINNESOTA STATUTES §524.3-1201, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Property claimed (Item 7). Describe the property the successor is claiming on the two lines under Item 7. Items 4 to 6 above are preprinted, so leave them as they are.
    Minnesota small estate affidavit: Affiant the claiming successor is entitled to payment of delivery of the following property to wit, filled with sample entries
    Step 2: sample entries, not a real document.
  3. Payment method, signature and notary. Tick direct deposit or warrant (check). Fill in the date, sign, and enter the affiant's Social Security Number. The form ends with a notary block, where the affiant signs and swears before a notary public. It has spaces for the notary's county and commission expiration date. Item 9 states that the certified death certificate is attached.
    Minnesota small estate affidavit: FURTHER AFFIANT SAYETH NOT, filled with sample entries
    Step 3: sample entries, not a real document.

Frequently Asked Questions

Three requirements drive the Minnesota small estate affidavit: a $75,000 limit on the entire probate estate, a 30-day wait after the death, and a certified death record presented with the affidavit.[1.1]

Do I need probate if the estate is small?

Minnesota sets a $75,000 limit for the small estate affidavit procedure. The value is the entire probate estate, wherever located, less liens and encumbrances.[1.1]

Does Minnesota have a small estate affidavit?

Yes. Under Minn. Stat. § 524.3-1201, a person holding a decedent's property must pay or deliver it to a person claiming to be the successor. The successor must first present a certified death record and an affidavit made by or on behalf of the successor.[1.2]

What is the amount for a small estate affidavit?

The limit is $75,000, measured on the entire probate estate as of the date of death, less liens and encumbrances.[1.1]

How much does an estate have to be worth to go to probate in Minnesota?

The small estate affidavit statute sets $75,000 as the ceiling for its procedure. That value includes any safe deposit box contents.[1.1]

What do I need to present with a Minnesota small estate affidavit?

The successor presents two things to the person holding the property:

  • A certified death record of the decedent.[1.1]
  • An affidavit made by or on behalf of the successor, stating the facts the statute requires.[1.2]

How long do I have to wait before using a small estate affidavit in Minnesota?

At least 30 days must have passed since the death of the decedent.[1.3] If the property is the contents of a safe deposit box, the 30 days run from the filing of an inventory of the box's contents.[1.1]

General information, not legal or tax advice.

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Sources

  1. Minn. Stat. §§ 524.3 to 524.3-1201(a)(2).
    • 1.1 § 524.3
    • 1.2 § 524.3-1201
    • 1.3 § 524.3-1201(a)(2)
Published: Aug 20, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.