In Minnesota, there is a form called an Affidavit for Collection of Personal Property (Form PRO202). It lets a person’s heir collect things like bank accounts, vehicles and other personal items from the person’s estate after they die without having to go to probate court- but only if certain rules are followed.
When You Can Use the Affidavit:
You can use the affidavit only if all of these are true:
- The total value of the person’s probate estate is less than $75,000.
- The probate estate does not include any real estate like houses, land or other buildings.
- You are someone who is legally allowed to use the affidavit:
- If there is a will: you are named in it as someone who gets the person’s property
- If there is no will: you are an heir who gets the person’s property under Minnesota intestate law - There is no court case (probate) started for the estate.
How To Use the Affidavit:
- You have to wait 30 days after the person dies before you can use the affidavit.
- Get the affidavit form from the Minnesota Judicial Branch website or the county probate court.
- Fill out the affidavit with information about the person who died, their property, and yourself.
- Get a certified copy of the person’s death certificate and other needed documents for the property involved, like a vehicle title or account information.
- Sign the affidavit in front of a notary and have them notarize- it.
- Bring the affidavit and other needed documents to the person or place that has the property- like a bank.
Can I Use the Affidavit to Transfer a Vehicle Title?
Yes, you can transfer ownership of a vehicle this way when the estate does not otherwise have to go through probate. Go to a Driver and Vehicle Services (DVS) office and bring:
- A copy of the vehicle title
- The certified death certificate
- The Affidavit for Collection of Personal Property
If you are the person’s surviving spouse, you can use a different form called the Assignment of a Vehicle to a Surviving Spouse (Form PS2071-10) instead of the affidavit.
