A Minnesota Affidavit of Collection of Estate Assets – Minnesota Affidavit of Collection of Probate Assets – can be used to collect a decedent’s probate assets when the size of the decedent’s estate does not warrant the appointment of a Minnesota Personal Representative.

Minnesota Affidavit of Collection of Estate Assets - Minnesota Affidavit of Collection of Probate Assets

Minnesota Affidavit of Collection of Estate Assets

Unless there is a dispute between the decedent’s successors, there is:

  • no court involvement,
  • no court filing fee, and
  • no publication or other notice requirements

with respect to the use of a Minnesota Affidavit of Collection of Estate Assets.

However, the person claiming the right to receive the decedent’s assets pursuant to the use of a Minnesota Affidavit for Collection of Estate Assets:

  • must have the legal right to such assets, and
  • can be forced to release any property collected pursuant to a Minnesota Affidavit for Collection of Estate Assets to its rightful successors – or other claimant(s).

Improperly claiming a right to the assets identified in a Minnesota Affidavit for Collection of Estate Assets can constitute criminal theft – as identified in Minnesota Statutes, Section 609.52.

Minnesota Affidavit of Collection – Value Limitation

Providing that there is no pending application or petition for the appointment of a Personal Representative in any jurisdiction, a certain amount of the decedent’s personal property probate assets can be collected by the decedent’s successors pursuant to the delivery of a Minnesota Affidavit of Collection.

However, the total value of the entire probate estate:

  • wherever located, and
  • determined as of the date of death,

can not exceed $75,000.00 – excluding liens and encumbrances – M.S. Section 524.3-1201.

Minnesota Affidavit of Collection – Tangible Personal Property

30 days after the date of death of the decedent, any person having possession of tangible personal property belonging to the decedent is required to deliver such personal property to a person claiming to be the decedent’s successor – upon being presented with:

  • a certified copy of the decedent’s death certificate, and
  • a duly executed Minnesota Affidavit of Collection.

Minnesota Affidavit of Collection – Debts

 30 days after the date of the decedent’s death , any person indebted to the decedent is required to make payment of the indebtedness to a person claiming to be the decedent’s successor – upon being presented with:

  • a certified copy of the decedent’s death certificate, and
  • a duly executed Minnesota Affidavit for Collection of Personal Property.

Minnesota Affidavit of Collection – Financial Assets

 30 days after the date of death of the decedent, any person having possession of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent, is required to deliver such property to a person claiming to be the decedent’s successor – upon being presented with:

  • a certified copy of the decedent’s death certificate, and
  • a duly executed Minnesota Affidavit of Collection of Estate Assets

Affidavit of Collection – Contents of a Safe Deposit Box

 30 days after the date of the filing of an inventory of the contents of a Minnesota Safe Deposit Box pursuant to Minnesota Statutes, Section 55.10, any person having control of the Minnesota Safe Deposit Box is required to deliver the entire contents of the Minnesota Safe Deposit Box to a person claiming to be the decedent’s successor – upon being presented with:

  • a certified copy of the decedent’s death certificate, and
  • a duly executed Minnesota Affidavit of Collection of Estate Assets.

However, a person controlling access to a decedent’s Minnesota Safe Deposit Box need not open the Minnesota Safe Deposit Box, or deliver the contents of the Minnesota Safe Deposit Box to the claiming successor, if:

(1)       the person controlling access to a decedent’s Minnesota Safe Deposit Box

has received notice of a written or oral objection from any person,

or

has reason to believe that there would be an objection; or

(2)       the Minnesota Safe Deposit Box lessee’s key or Safe Deposit Box combination is not available.

Minnesota Affidavit of Collection – Successors

Minnesota Statutes, Section 524.1-201 (51) defines the term successors in part as follows:

Successors” means those persons, other than creditors,

who are entitled to property of a decedent under

Affidavit of Collection – Maker

The Minnesota Affidavit for Collection of Estate Assets must be made by, or on behalf of, the decedent’s successors.

Therefore, someone other than the decedent’s successors may execute the Minnesota Affidavit for Collection of Estate Assets.

However, any successor identified in the Minnesota Affidavit Collection of Estate Assets must be entitled to payment or delivery of the property identified in the Minnesota Affidavit for Collection of Estate Assets.

Minnesota Affidavit of Collection – Transfer Agents

A transfer agent of any security is required to change the registered ownership of the security on the books of the transfer agent corporation:

  • from the name of the decedent,
  • to the name(s) of the successor or successors,

upon being presented with a duly executed Minnesota Affidavit of Collection of Estate Assets.

Minnesota Affidavit of Collection – Holders of a Superior Claim

The original claiming successor is required to disburse the asset proceeds collected pursuant to a Minnesota Affidavit of Collection of Estate Assets to any person having a superior claim under Minnesota Statutes, Sections:

While the applicable Minnesota statute does not specifically state that the original claiming successor identified in a Minnesota Affidavit of Collection of Estate Assets must disburse the proceeds collected pursuant to the Minnesota Affidavit of Collection of Estate Assets to any person having a superior claim as the rightful successor(s), that obligation would exist.

Procedurally, the rightful successor(s) may be required to execute and deliver to the original claiming successor a second Minnesota Affidavit of Collection of Estate Assets – which:

  • identifies the rightful successor(s), and
  • demands payment of the assets collected by the original claiming successor.

Minnesota Affidavit of Collection – Motor Vehicles

A motor vehicle registrar shall issue a new Certificate of Title in the name of the successor(s), upon being presented with a Minnesota Affidavit of Collection of Estate Assets – or comparable form available from the motor vehicle registrar.

Minnesota Affidavit for Collection of Estate Assets – Miscellaneous Checks

It is very common in Minnesota for checks to be mailed to the decedent’s last mailing address which are either:

  • payable to “the Estate of [Name of Decedent]; or
  • payable to “[Name of Decedent]”.

Usually such checks are issued in refund of some prepaid subscription or utility account, or perhaps are issued by the decedent’s employer upon the death of the employee.

There may be no easy way to properly arrange for the collection of such checks pursuant to the execution of a Minnesota Affidavit of Collection of Estate Assets without making a false statement – under penalty for perjury – on the Minnesota Affidavit of Collection of Estate Assets.

Nevertheless, there are certain collection techniques which can be employed by knowledgeable Minnesota probate attorneys to properly arrange for the collection of such checks.

Conclusion – Minnesota Collection of Estate Assets

If you need assistance collecting Minnesota personal property probate assets in an estate pursuant to the execution and delivery of an Affidavit of Collection of Estate Assets, contact attorney Gary C. Dahle, at 763-780-8390, or gary@dahlelaw.com.

For Minnesota Cemetery law issues see http://dahlelawcemeteries.com/

For information on Minnesota Church Corporation law, see Minnesota Church Law.

For information on Minnesota Transfer on Death Deeds, see http://www.dahlelawminnesota.com/minnesota-transfer-death-deed/

For information on Minnesota Real Estate Law, see http://www.dahlelawminnesota.com/minnesota-title-evidence-ownership/

For information on Minnesota Guardianships, see http://dahlelawguardianships.com/

Gary C. Dahle is also licensed in North Dakota.

For information on North Dakota Probate law, see http://www.dahlelawnorthdakota.com/

For information on North Dakota Transfer on Death Deeds, see http://northdakotatransferondeathdeeds.com/

Copyright 2017 – All Rights Reserved

Gary C. Dahle – Attorney at Law

2704 County Road 10, Mounds View, MN 55112

Phone:  763-780-8390       Fax: 763-780-1735

gary@dahlelaw.com

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Legal Disclaimer

Information provided herein is only for general informational and educational purposes. Minnesota probate law involves many complex legal issues. If you have a specific legal problem about which you are seeking advice,  consult with a Minnesota attorney of your choice.

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Links to Minnesota Probate Records

Minnesota Department of Health – Death Records Index – 1997 to Present:  http://www.health.state.mn.us/divs/chs/osr/DecdIndex/dthSearch.cfm

Minnesota Historical Society – Death Records; 1904 – 2001: http://www.mnhs.org/people/deathrecords

Minnesota Department of Health – Birth Certificateshttp://www.health.state.mn.us/divs/chs/osr/birth.html

Minnesota Historical Society – Birth Records: http://www.mnhs.org/people/birthrecords

Minnesota Marriage Recordshttps://moms.mn.gov/