Small Estate Affidavit

A small estate affidavit is a sworn statement that allows you to collect a deceased person’s assets without going through full probate. In Minnesota, if the total value of the estate is $75,000 or less (after subtracting liens and encumbrances), you can use this affidavit to claim bank accounts, personal property, and vehicle titles directly from the institution that holds them ( Minn. Stat. § 524.3-1201 ).

This process is sometimes called “collection by affidavit” or “small estate transfer.” It is the simplest and least expensive way to transfer a deceased person’s assets in Minnesota.

When to Use This Template

• Small estates: The total value of the deceased person’s assets is $75,000 or less after subtracting any debts secured by liens (such as a car loan)
• No real estate: The deceased person did not own any real property (land or buildings) in their name alone – this affidavit does not work for real estate
• Collecting bank accounts: You need to withdraw funds from the deceased person’s bank account
• Collecting personal property: You need to claim the deceased person’s belongings from a storage facility, employer, or other holder
• Transferring a vehicle title: You need to transfer title to the deceased person’s car, truck, or other vehicle to the rightful heir
• Avoiding probate costs: The estate is small enough that full probate would cost more than it is worth
• Thirty days have passed: At least 30 days have passed since the date of death

When You Cannot Use This Template

This affidavit does not work in the following situations:

• The estate exceeds $75,000. If the total value of the estate (after liens) is more than $75,000, you must go through probate. See our Probate guide for more information.
• The estate includes real estate. If the deceased person owned land or a home in their name alone, you must go through probate to transfer the property – even if the total estate is under $75,000.
• A probate proceeding is already open. If someone has already filed for probate, you cannot use the affidavit process.
• Less than 30 days since death. You must wait at least 30 days after the date of death before using this affidavit.
• You are not a successor. You must be legally entitled to the property – as an heir, a beneficiary named in the will, or a surviving spouse with a right to the property.

How to Use This Template

1. Wait at least 30 days after the date of death. You cannot present the affidavit before this waiting period ends.
2. Download the template in your preferred format (PDF or DOCX).
3. Determine the estate value. Add up all of the deceased person’s assets (bank accounts, vehicles, personal property). Subtract any liens or encumbrances (such as a car loan balance). The remaining value must be $75,000 or less.
4. Fill in the deceased person’s information. Include their full legal name, date of death, county of residence at the time of death, and last known address.
5. Fill in your information. Include your full legal name, address, and your relationship to the deceased person.
6. Describe your right to the property. State whether you are an heir under intestacy law, a beneficiary named in the will, or a surviving spouse. If there is a will, attach a copy.
7. Identify the specific asset you are claiming – the bank account number, vehicle identification number, or description of the personal property.
8. State that no probate proceeding is pending in any court for the deceased person’s estate.
9. Sign the affidavit before a notary public. Your signature must be notarized. Most banks, shipping stores, and county offices offer notary services.
10. Obtain a certified death certificate. You will need to present the death certificate along with the affidavit. Order certified copies from the county vital records office where the death occurred or from the Minnesota Department of Health.
11. Present the affidavit and death certificate to the institution holding the asset (bank, credit union, employer, DMV, etc.).

Key Provisions Explained

Successor Statement

You must state that you are the “successor” to the deceased person’s property. A successor is someone who is legally entitled to receive the property. This includes:

• Heirs under intestacy law: If there is no will, Minnesota law determines who inherits based on family relationships ( Minn. Stat. § 524.2-101 )
• Beneficiaries named in a will: If the deceased person left a will naming you as a beneficiary of the specific property
• Surviving spouse: A surviving spouse has priority rights to certain property under the homestead allowance ( Minn. Stat. § 524.2-402 ), exempt property allowance ( Minn. Stat. § 524.2-403 ), and family maintenance allowance ( Minn. Stat. § 524.2-404 )

Value Statement

You must state under oath that the total value of the entire estate – not just the asset you are claiming – is $75,000 or less after subtracting liens and encumbrances. This means you need to have a reasonable understanding of the deceased person’s total assets before signing the affidavit.

Waiting Period

The affidavit must state that 30 days or more have passed since the date of death. This waiting period gives priority claimants (such as a surviving spouse) time to assert their rights before assets are distributed.

No Pending Probate

You must state that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction. If probate has been opened, you must work through the probate process instead.

Obligation to Pay Debts

When you collect assets using a small estate affidavit, you become personally responsible for the deceased person’s debts – but only up to the value of the property you received. If the deceased person owed money, creditors may have a claim against the assets you collected.

Under Minn. Stat. § 524.3-1201 , you must distribute assets according to the priority established in Minn. Stat. § 524.3-805 . This means paying:

1. Costs of administration (funeral expenses, etc.)
2. The surviving spouse’s or children’s allowances under Minn. Stat. § 524.2-403
3. Debts and taxes of the estate
4. All other claims

Minnesota-Specific Requirements

Calculating the Estate Value

To determine whether the estate qualifies for the small estate affidavit process, you must add up the value of all the deceased person’s assets and subtract any liens or encumbrances.

Assets That Count Toward the $75,000 Limit

• Bank accounts: Checking, savings, and money market accounts held in the deceased person’s name alone
• Vehicles: Cars, trucks, motorcycles, boats, trailers, and recreational vehicles titled in the deceased person’s name alone
• Personal property: Furniture, jewelry, electronics, tools, collectibles, and other tangible items
• Wages owed: Unpaid salary, commissions, or bonuses from the deceased person’s employer
• Tax refunds: Any pending state or federal tax refunds
• Insurance proceeds: Life insurance payable to the estate (not to a named beneficiary)

Assets That Do NOT Count

These assets pass outside the estate and do not count toward the $75,000 limit:

• Joint accounts: Bank accounts held jointly with a right of survivorship pass to the surviving owner automatically
• Beneficiary designations: Life insurance, retirement accounts (401(k), IRA), and payable-on-death (POD) accounts pass to the named beneficiary, not through the estate
• Transfer-on-death property: Accounts or securities with a transfer-on-death (TOD) designation
• Joint tenancy real estate: Property held in joint tenancy passes to the surviving owner
• Trust property: Assets held in a revocable or irrevocable trust

Subtracting Liens

Subtract the balance of any loans secured by the asset. For example, if the deceased person owned a car worth $15,000 but owed $10,000 on a car loan, the net value for estate purposes is $5,000.

Collecting Bank Accounts

Banks and credit unions are the most common institutions where you will present a small estate affidavit. Here is what to expect:

1. Call ahead. Contact the bank before visiting. Ask what documents they require and whether they have their own affidavit form. Some banks accept the standard statutory affidavit; others prefer their own version.
2. Bring all documents. You will typically need the small estate affidavit (notarized), a certified death certificate, your government-issued photo ID, and any account information you have (account number, statements).
3. Be patient. The bank may need time to review the affidavit with their legal department. Some banks release funds the same day; others may take several business days.
4. Get a receipt. Ask for written confirmation of the transfer or disbursement for your records.

If the deceased person had accounts at multiple banks, you will need to present the affidavit (and a death certificate) to each bank separately.

Vehicle Title Transfers

Transferring a vehicle title with a small estate affidavit has specific steps.

1. Complete the small estate affidavit with the vehicle’s year, make, model, and VIN (vehicle identification number).
2. Obtain a certified death certificate.
3. Bring both documents to a Minnesota Driver and Vehicle Services (DVS) office or a deputy registrar office.
4. Pay the title transfer fee. The fee is separate from the affidavit process. Check the Minnesota DVS website for current fees.
5. Receive the new title in your name. Under subd. (d) , the registrar is required to issue a new certificate of title to the successor.

If there is a lien on the vehicle (such as a car loan), the lien must be satisfied before the title can be transferred, or the lien will carry over to the new title.

What Happens After You Present the Affidavit

The institution holding the asset must release the property to you if the affidavit meets all legal requirements. They are protected from liability when they transfer assets in good faith reliance on a valid affidavit.

After you receive the assets:

• Pay any known debts of the deceased person, up to the value of what you received
• Distribute remaining assets to other rightful heirs, if any
• Keep records of all assets received, debts paid, and distributions made
• Save copies of the affidavit, death certificate, and any receipts for at least three years

If it turns out that the estate is worth more than $75,000, or if a creditor or other heir disputes your claim, you may need to open a formal probate proceeding.

If the Institution Refuses

Sometimes a bank, employer, or other institution may refuse to honor a valid small estate affidavit. Common reasons include:

• The institution has its own form. Some banks require you to use their specific affidavit form rather than a generic template. Ask the institution what they accept.
• Missing documents. The institution may require additional documentation, such as a copy of the will or proof of your relationship to the deceased person. Ask exactly what is needed and return with the correct documents.
• Uncertainty about other claimants. If the institution knows or suspects that other people may have a claim to the same assets, they may hesitate. In this case, you may need to get all potential claimants to agree in writing, or you may need to open a probate proceeding.
• Legal department review. Some institutions need time for internal review. Ask for a specific timeline and follow up if you do not hear back.

If the institution continues to refuse despite a properly completed affidavit, consult an attorney. Under Minn. Stat. § 524.3-1201 , the institution is legally required to transfer the property when presented with a valid affidavit and certified death certificate.

Common Mistakes to Avoid

1. Using the affidavit before 30 days have passed. The institution will reject the affidavit if 30 days have not elapsed since the date of death. Count carefully from the date on the death certificate.
2. Trying to transfer real estate. The small estate affidavit does not work for real property. If the deceased person owned a home or land, you must go through probate – even if the estate is under $75,000.
3. Underestimating the estate value. You must count all of the deceased person’s assets, not just the one you are claiming. If the total estate exceeds $75,000, the affidavit is not valid.
4. Ignoring debts. You are personally responsible for the deceased person’s debts up to the value of the property you received. Do not spend the money until you have accounted for outstanding debts.
5. Not getting the affidavit notarized. The affidavit must be signed before a notary public. An un-notarized affidavit will be rejected.
6. Forgetting the death certificate. You must present a certified copy of the death certificate – not a photocopy, and not a funeral home record. Order certified copies from the county or the Minnesota Department of Health.
7. Not checking for a will. Even for small estates, check whether the deceased person left a will. The will may name specific beneficiaries for the assets you are trying to claim, and those beneficiaries have priority.
8. Filing when probate is already pending. If anyone has already filed for probate in any court, you cannot use the affidavit process. Check with the probate court in the county where the deceased person lived.

Related Documents

Related Resources

Probate and Estate Administration in Minnesota

• Minnesota Judicial Branch - Probate – court forms and self-help resources for probate
• Minnesota Department of Health - Death Records – order certified death certificates
• Minnesota DVS - Title Transfers – vehicle title transfer information