Minnesota Small Estate Affidavit (Form PRO202)

• Maximum Amount: $75,000, the value of the entire probate estate at the date of death, wherever located (including safe-deposit-box contents), less liens and encumbrances.^[1]
• Signing Requirements: Sworn affidavit, presented with a certified death record.^[2]
• Where to File: Not filed with the court, presented directly to the person or institution holding the asset.^[3]
• When to File: 30 days after death, and only if no personal representative appointment is pending.^[4]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate. Minnesota guarantees the spouse a first share of at least $225,000, which is more than the $75,000 small estate limit.^[6]
• No Spouse, Children: If there is no surviving spouse, the estate passes to the decedent’s descendants, with a deceased child’s share passing to that child’s descendants.^[7]

Step 1 – Wait 30 Days

At least 30 days must pass after the decedent’s death before the affidavit may be used.

Step 2 – Confirm the Estate Qualifies

The entire probate estate (less liens and encumbrances) must be $75,000 or less, the estate must contain no real estate, and no personal representative appointment may be pending.

Step 3 – Obtain a Certified Death Record

Obtain a certified copy of the death record to present with the affidavit.

Step 4 – Complete Form PRO202

Complete the Affidavit for Collection of Personal Property (Form PRO202) and sign and swear to it.^[8]

Step 5 – Present the Affidavit to the Asset Holder

Present the signed affidavit and certified death record to the bank, employer, or other holder of the property to obtain payment or transfer.^[9]