Minnesota Small Estate Affidavit (Form PRO202)

The Minnesota Small Estate Affidavit is a document that is used for transferring the personal property of a recently deceased individual (the “decedent”) to the rightful heirs (typically family members). It is used for going around the probate process, which can not only be a lengthy exceptionally lengthy process (3-9 months), it can cost over five percent (5%) of the decedent’s entire estate value. In general, the Minnesota-specific affidavit should be used in the following circumstances:

  • The individual planning on filing the form is blood-related to the decedent or has a legal interest in the estate.
  • The decedent only had a modest sum of money or personal property when he/she died (under $75,000).
  • The decedent did not have a will at the time of their death.

Once completed, the document can be presented to any person or business (such as a bank or stock company) that is in possession of property or owes a debt to the decedent to lawfully collect it form them.

Useful Resources

The Minnesota Judicial Branch provides a PDF of instructions for correctly completing and filing a Minnesota Small Estate Affidavit.

Laws & Required Conditions

Laws: § 524.3-1201

Maximum Estate Value: $75,000

Required Conditions: The primary required conditions for a Minnesota Small Estate Affidavit (Form PRO202) to be processed are summarized below:

  • Thirty (30) days must have elapsed since the Decedent’s death (in cases where the Decedent’s property is the contents of a safe deposit box, thirty (30) days must have elapsed since the filing of an inventory of the contents of the box in line with § 524.3-1201.
  • No real property is subject to the estate claim.
  • A certified death record of the Decedent must be presented alongside the Affidavit.
  • There is no existing or planned application or petition for the appointment of a personal representative.
  • The claiming Successor is within their rights to claim the estate, as per state law provisions.