Probating Small Estates in Minnesota

You do not necessarily need a lawyer in order to probate an estate. In fact, if the estate is sufficiently small and well planed, you may not need to file a single document with the court. This is true because the Minnesota Legislature has recognized that probating estate can be a very expensive process and has enacted laws to facilitate the transfer of assets in small estates.

Minnesota Statute 524.3-1201 Collection of Personal Property by Affidavit allows an heir of an estate to collect the property of the decedent using nothing more than an affidavit and death certificate. Provided the requirements of Minnesota statute 524.3-1201 are met, the individual collecting the decedent’s property will have the right to access to bank accounts, the right to access safety deposit boxes, the authority to transfer stocks bonds mutual funds, and the right of ownership to any other debt obligation to the decedent.

In order to utilize this process several key requirements must be met in order to utilize this abbreviated probate process: First, the estate value must be less than $50,000. Second, there must not be a petition for the appointment of personal representative pending or granted in any jurisdiction. Finally, the individual collecting the decedents property must complete an affidavit certifying that he or she is legally entitled to the decedent’s property. This is where our firm may help (of course we’re trying to sell you something!).

By having a will in place and a properly planed estate you can in good faith certify that you are legally entitled to the property you are requesting by the aforementioned affidavit. A will can be accomplished by our firm for as low as $200. By having a will in place, you have a solid document to support your claim to the decedents property.

Utilizing a will in combination with Minnesota statute 524.3-1201 Collection of Personal Property by Affidavit may save heirs to an estate thousands of dollars in legal fees and  hours of their time. Contact us today for a free no-cost evaluation of your Estate.


It should also be noted that Minnesota has an efficient form affidavit. Simply click this link or search for “affidavit for collection of personal property Minnesota Statutes Section 524.3-1201”.

Dave represents clients in Minnesota on a range of legal issues, including civil litigation, business ventures, and creditor relations. He also has expertise raising capital to finance David v. Goliath cases. (Yes, pun intended!) Dave can be reached via email at dmadgett@madgettlaw.com