After a death in Minnesota

Small estates

Affidavit for collection of personal property (Minn. Stat. 524.3-1201). It can be used 30 days after death when the probate estate, less liens, is worth $75,000 or less. The successor entitled to the property signs the affidavit and gives it to the bank or other holder of the property. Minnesota also has a summary court process for very small estates.

• Limit: $75,000
• Waiting time after the death: 30 days
• Source: the official source

Probate court

In Minnesota, estates are handled by the District Court of the county, usually in the county where the person lived.

Creditor claims: Generally 4 months after the first published notice to creditors.

Official court forms

Probate - Forms | Minnesota Judicial Branch

Minnesota Judicial Branch statewide probate forms, including small estate, informal probate, and formal probate forms.

Small estate form: open the form

The small estate affidavit (PRO202) is only for estates with no real estate.

Estate and inheritance tax

• State estate tax: Yes, for estates above $3,000,000. Set at $3 million for deaths in 2020 and later (Minn. Stat. 291.016), not indexed for inflation. Rates run from 13% to 16%.
• Inheritance tax: No. Minnesota has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed (Minn. Stat. 507.071). It must be recorded with the county before the owner dies.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the testator and two witnesses. It can be made self-proved with an affidavit before a notary.

Handwritten wills: Handwritten wills without two witnesses are not valid.

Power of attorney and health care directive

Financial power of attorney: Minnesota uses a statutory short form power of attorney (Minn. Stat. 523.23), which must be signed and notarized. Minnesota has not adopted the Uniform Power of Attorney Act. Recent changes to the form could not be confirmed.

Health care directive: Health care directive (Minn. Stat. chapter 145C). It must be signed and dated, and either notarized or signed by two adult witnesses. Your named health care agent cannot be a witness or the notary.

Death certificates

Certified copies come from the Minnesota Department of Health, Office of Vital Records, or a county vital records office. The funeral home can usually order them for you.

Fee and eligibility rules could not be confirmed.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Minnesota’s estate tax starts at $3 million, and some gifts made within 3 years of death are added back.