Minnesota Small Estate Affidavit

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 of the decedent’s home or land and distribute the property as they see fit, without the time or expense of probate court. Successors must wait at least 30 days before filing the affidavit, and the value of the real estate may not exceed $50,000.

How to Write

Step 1 – Download in Adobe PDF or Microsoft Word (.doc).

Step 2 – Enter the following into the form:

  • Header – Enter Superior Court (See List)
  • Name of Decedent
  • Date of Birth
  • Case Number
  • Check the three (3) boxes depending on your situation
  • Date and Sign
  • Verification – On the last page you will be required to verify that everything you have stated is true and accurate

Step 3 – Obtain a notarized copy of the death certificate, and file the form with the proper clerk or courthouse.