Minnesota Small Estate Affidavit | Affidavit of Heirship
Minnesota offers both an affidavit of heirship for personal property, and a small estate affidavit to collect real estate. If a person owns real estate or personal property in Minnesota and passes away, the state’s law allows either relatives of the decedent, or those who have a legal interest in the decedent’s property, file either affidavit to collect and distribute the property. The value of the property must not exceed $50,000, and the successors must wait at least 30 days after the decedent’s passing to file.
Affidavit of Heirship: Minnesota probate statutes define personal property in a small estate as valued at $20,000 or less; successors must wait 30 days after their loved one passes before filing affidavit of heirship.
Small Estate Affidavit: Real estate that is part of a small estate affidavit cannot exceed $50,000 in value, and successors must allow 30 days to pass before filing the affidavit. However, grieving family members can wait up to 2 years before filing the small estate affidavit.