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 $75,000, 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: The property that is part of a small estate affidavit cannot exceed $75,000 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.



In most states, the affidavit of heirship allows relatives or other successors to collect personal or real property, rather than go to probate court to distribute an estate that is small enough. Minnesota defines personal property in a small estate as valued at $20,000 or less – anything larger will…

In Minnesota, a small estate that contains real estate and not personal property can be collected through a small estate affidavit, rather than going to probate court to claim the decedent’s real estate. A small estate affidavit allows successors – either relatives or other legal successors – to claim ownership…