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In Minnesota, when a loved one passes away and leaves behind a small estate, the process of settling their affairs can feel overwhelming. However, the Minnesota Small Estate Affidavit form offers a streamlined solution for individuals facing this situation. This form allows heirs to claim property without going through the lengthy probate process, provided the estate meets certain criteria. Typically, this includes estates valued at $75,000 or less, excluding certain types of property. By completing the affidavit, designated heirs can gain access to the deceased's assets, such as bank accounts or personal belongings, more quickly and efficiently. The form requires specific information, including details about the deceased, a list of assets, and the relationship of the affiant to the deceased. Understanding how to properly fill out and submit this form can ease the burden during a difficult time, allowing families to focus on healing rather than navigating complex legal procedures.
Form Example
Minnesota Small Estate Affidavit
This Minnesota Small Estate Affidavit is pursuant to the Minnesota Statutes Section 524.3-1201, designed to simplify the process of transferring property from a deceased individual's estate to their rightful heirs without formal probate. It is applicable when the total value of the estate does not exceed the amount specified by state law.
Instructions: Complete all sections of this form. Provide accurate and thorough information to ensure a smooth process. This document must be signed in the presence of a notary public.
Affidavit Information
I, ____________ [Name of Affiant], residing at ____________ [Address], County of ____________ [County], State of Minnesota, under oath, declare:
1. The decedent, ____________ [Name of Decedent], passed away on ____________ [Date of Death], who resided at ____________ [Address of Decedent], County of ____________ [County], State of Minnesota.
2. At least 30 days have passed since the decedent's date of death.
3. There is no application or petition for the appointment of a personal representative pending or granted in any jurisdiction.
4. The value of the entire personal property estate, wherever located, less liens and encumbrances, does not exceed $75,000.
5. A written description of the personal property and its estimated value is provided herewith:
- ________ [Description of Property 1] - $________ [Value]
- ________ [Description of Property 2] - $________ [Value]
- ________ [Description of Property 3] - $________ [Value]
6. A description of the entitled successors to said property is as follows:
- Name: ____________ [Name of Successor 1] - Relationship: ____________ [Relationship], Address: ____________ [Address]
- Name: ____________ [Name of Successor 2] - Relationship: ____________ [Relationship], Address: ____________ [Address]
- Name: ____________ [Name of Successor 3] - Relationship: ____________ [Relationship], Address: ____________ [Address]
7. I hereby affirm that all debts, taxes, and expenses of administration have been paid or provided for.
8. I am lawfully entitled to payment or delivery of the property.
9. I acknowledge that falsifying statements within this affidavit is punishable under law.
Statement of Agreement
All successors entitled to the decedent’s property agree to the distribution of the property as described and understand that providing false statements in this affidavit makes them liable under the law.
Signature
Signature of Affiant: _________________ Date: ____________
State of Minnesota
County of ____________
Subscribed and sworn to before me this ___ day of ____________, 20__.
Notary Public: _________________
My Commission Expires: ____________
File Specs
| Fact Name | Description |
|---|---|
| Purpose | The Minnesota Small Estate Affidavit allows heirs to claim assets of a deceased person without going through formal probate. |
| Eligibility | This form is applicable when the total value of the estate is $75,000 or less, excluding certain assets. |
| Governing Law | The use of this affidavit is governed by Minnesota Statutes, Section 524.3-1201. |
| Filing Requirement | No court filing is necessary; the affidavit can be presented directly to financial institutions or other entities holding the deceased's assets. |
| Signature Requirement | The affidavit must be signed by the affiant, who is typically an heir or a personal representative. |
| Witnesses | Two witnesses must sign the affidavit to attest to its validity. |
| Notarization | Notarization of the affidavit is required to ensure authenticity. |
| Assets Included | The affidavit can be used for various types of assets, including bank accounts, vehicles, and personal property. |
| Timeframe | Heirs can use the affidavit shortly after the death of the decedent, once the estate value is determined. |
| Limitations | This process does not cover real estate; a different procedure is required for transferring property titles. |
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