2025 Session Last amended: 1995 session

§ 524.3-1202 — Effect of Affidavit

Plain-Language Summary

This section explains the legal effect of paying out or transferring a deceased person's personal property to someone who presents a proper small-estate collection affidavit under section 524.3-1201. A person (such as a bank or other holder of the property) who pays, delivers, or transfers the property based on a valid affidavit is released from liability just as if they had dealt with the estate's personal representative, and they do not have to verify the affidavit's statements or, for a safe deposit box, look into the value of its contents. If a holder refuses to turn over the property, the person entitled to it can go to court to compel delivery, and anyone who receives the property remains accountable to a personal representative or to anyone else with a superior right to it.

524.3-1202 EFFECT OF AFFIDAVIT.

The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to an affidavit meeting the requirements of section 524.3-1201 is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. In particular, the person delivering the contents of a safe deposit box is not required to inquire into the value of the contents of the box and is authorized to rely solely upon the representation in the affidavit concerning the value of the entire probate estate. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.

History:

1974 c 442 art 3 s 524.3-1202; 1978 c 741 s 10; 1Sp1985 c 14 art 13 s 13; 1986 c 444; 1995 c 130 s 19

History: History: 1974 c 442 art 3 s 524.3-1202; 1978 c 741 s 10; 1Sp1985 c 14 art 13 s 13; 1986 c 444; 1995 c 130 s 19

Practical Notes

This rule lets banks and others safely release a deceased person’s property to someone using a small-estate affidavit, because they are protected from liability for relying on it in good faith and need not investigate its accuracy. If a holder wrongly refuses to release the property, the rightful recipient can force the transfer through a court proceeding. Receiving property this way does not end the matter: the recipient can still be required to account for it to a personal representative or to another person with a better claim.

Source: Minnesota Office of the Revisor of Statutes