Minnesota Probate Alternative: Collection by Affidavit

In Minnesota, if the decedent owned probate property, but the value of the property is small enough, the legislature created a method for collecting that property without having to open a full-blown probate proceeding (i.e. without going to court).  This process is known as Collection by Affidavit and the requirements are set out in Minn. Stat. Section 524.3-1201.

If the net value of the decedent's probate assets does not exceed $50,000 (as of 2011), then the collection by affidavit process can be used.  Net value means the value of the property minus any liens or encumbrances on the property.  Note that collection by affidavit does not apply to real estate.  It only applies to personal property.  If you'd like to read more about the collection by affidavit process, you can do so here.