Identification Number:
GN 02315 TN 20
Intended Audience:See Transmittal Sheet
Originating Office:OISP
Title:Small Estate Statutes
Type:POMS Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part GN – General
Chapter 023 – Underpayments
Subchapter 15 – Small Estate Statutes
Transmittal No. 20, 05/12/2021

Audience

PSC: CA, IES, RECONR, SCPS;
OCO-OEIO: CR, CTE, FCR, RECONR;
OCO-ODO: BTE, CS, CST, CTE, CTE TE, PAS, PETE, PETL, RCOVTA, RECOVR;
FO/TSC: CS, CS TII, CSR, CTE, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

OISP

Effective Date

Upon Receipt

Background

This is a Quick Action Transmittal. These revisions do not change or introduce new policy or procedure.

Effective August 1, 2016, Section 524.3-1201,of the 2020 Minnesota Statutes (Collection of Personal Property By Affidavit) provides that where the value of the decedent’s entire probate estate does not exceed $75,000, a person indebted to or holding personal property must pay the indebtedness or deliver the personal property when a claiming successor presents a proper affidavit and a certified death record of the decedent.

 

Summary of Changes

GN 02315.061 Minnesota Small Estates

GN 02315.061-California Small Estates

Subsection A – We updated this section to increase the dollar amount of the value of the decedent’s entire probate estate from $50,000 to $75,000.

 

GN 02315.061 Minnesota Small Estates

A. Policy for Minnesota small estate affidavit

1. Basic statute

Under Minnesota Statutes — Section 524.3-1201, where the value of the decedent’s entire probate estate does not exceed $75,000, a person indebted to or holding personal property must pay the indebtedness or deliver the personal property when a claiming successor presents a proper affidavit and a certified death record of the decedent.

2. Contents of affidavit

The claiming successor, or someone on his or her behalf, must make the affidavit and state that:

  1. a. 

    The value of the entire probate estate, determined as of the date of death, wherever located, including specifically any contents of a safe deposit box, less liens and encumbrances, does not exceed $75,000;

  2. b. 

    Thirty days have elapsed since the death of the decedent;

  3. c. 

    No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

  4. d. 

    The claiming successor is entitled to payment or delivery of the property.

3. Good acquittance

Payment of an underpayment pursuant to an affidavit discharges and releases us to the same extent as if the claiming successor were the personal representative of the decedent. There is no obligation to inquire into the truth of any statements in the affidavit. For effect of affidavit, see Minn. Stat. Section 524.3-1202.

B. Policy for Minnesota summary administration

Minnesota Statutes Summary Proceedings — Section 524.3-1203 provides for summary administration of a small estate under certain circumstances. The court may or may not appoint a personal representative for Summary administration proceedings. Upon the filing of a petition, a court may order the personal representative or petitioner to summarily assign or distribute the estate in the order named. If a person seeking legal representative status presents a court final decree or order for distribution pursuant to Minn. Stat. section 524.3-1203, see GN 02301.035D.


GN 02315 TN 20 - Small Estate Statutes - 5/12/2021