How to Avoid Probate in Minnesota
The legal ways to pass property outside probate in Minnesota: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate options include: transfer on death deeds for real estate, recorded before death (Minn. Stat. § 507.071); transfer-on-death titles for motor vehicles (Minn. Stat. § 168A.125); Minn. Stat. §§ 507.071, 168A.125, 524.6-302, 524.3-1201
| Ways to avoid probate | Non-probate options include: transfer on death deeds for real estate, recorded before death (Minn. Stat. § 507.071); transfer-on-death titles for motor vehicles (Minn. Stat. § 168A.125); securities registered in transfer-on-death (beneficiary) form (Minn. Stat. § 524.6-302); a revocable trust (Minn. Stat. § 501C.0602); and collection of personal property by affidavit when the probate estate is $75,000 or less (Minn. Stat. § 524.3-1201). TOD deed statute and form: https://www.revisor.mn.gov/statutes/cite/507.071 |
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| Small estate affidavit | If the entire probate estate (less liens and encumbrances) is $75,000 or less, a successor may collect personal property (money owed, accounts, stocks, tangible property, safe deposit box contents, vehicles) by affidavit 30 days after death, with a certified death record, provided no application or petition for a personal representative is pending or granted. The affidavit procedure covers personal property, not real estate. Source: Minn. Stat. § 524.3-1201 |
| Transfer-on-death deed | Yes. A transfer on death deed must meet the requirements of a Minnesota deed (signed and acknowledged) and must be recorded before the owner's death in a county where the property is located. It is revocable, cannot be revoked by a will, and does not require delivery to or consent of the beneficiary. A statutory form is provided. Source: Minn. Stat. § 507.071 |
More Minnesota estate law
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- Who Inherits If You Die Without a Will in Minnesota
- How to Make a Valid Will in Minnesota
- How Probate Works in Minnesota
- Living Wills and Advance Directives in Minnesota
- Revocable Living Trusts in Minnesota
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- All Minnesota wills, probate and estate rules
FAQ
How can you avoid probate in Minnesota?
Non-probate options include: transfer on death deeds for real estate, recorded before death (Minn. Stat. § 507.071); transfer-on-death titles for motor vehicles (Minn. Stat. § 168A.125); securities registered in transfer-on-death (beneficiary) form (Minn. Stat. § 524.6-302); a revocable trust (Minn. Stat. § 501C.0602); and collection of personal property by affidavit when the probate estate is $75,000 or less (Minn. Stat. § 524.3-1201).
What is the small estate limit in Minnesota?
If the entire probate estate (less liens and encumbrances) is $75,000 or less, a successor may collect personal property (money owed, accounts, stocks, tangible property, safe deposit box contents, vehicles) by affidavit 30 days after death, with a certified death record, provided no application or petition for a personal representative is pending or granted. The affidavit procedure covers personal property, not real estate.
Does Minnesota allow transfer-on-death deeds?
Yes. A transfer on death deed must meet the requirements of a Minnesota deed (signed and acknowledged) and must be recorded before the owner's death in a county where the property is located. It is revocable, cannot be revoked by a will, and does not require delivery to or consent of the beneficiary. A statutory form is provided.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.