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.
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.