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Minnesota small estate affidavit is a legal form used in estates valued and under $75,000. Minnesota statute 524.3-1201 tells us that this dollar amount is the threshold level by which an estate in Minnesota does or does not need to be probated.
An affidavit of survivorship is a legal document used to remove a deceased owner from title to property by recording evidence of the deceased owner's death in the land records.
An affidavit of heirship is a document, sworn to under oath, that is submitted to the Surrogate's Court definitively identifying all of the people who may have a legal claim to inherit the decedent's assets or property.
An affidavit of heirship must be signed and sworn to before a notary public by a person who knew the decedent and the decedent's family history. This person can be a friend of the decedent, an old friend of the family, or a neighbor, for example.
If your personal property exceeds $75,000 or you own real estate in your name alone, your estate must be probated.
Affidavit of No-Probate (PS2071) is used by one or more heirs at law (adult children, parents, siblings), who affirm they have the authority to represent all heirs and that the estate is not subject to probate. The applicant's signature must be notarized or witnessed.
In Minnesota, you must wait at least 30 days after the person's death to file a Small Estate Affidavit. This waiting period allows time for discovering all assets and debts and gives potential creditors an opportunity to come forward.
There's no easy way to say how long Minnesota probate should take, but one year is a good rule of thumb. An estate that includes a clear will and beneficiaries who can get along may take less than a year whereas one that involves taxes, challenges, multiple attorneys, or other complications can drag on much longer.