Legal Question in Wills and Trusts in Minnesota

Re: estate and wills

You can use a process called "affidavit to collect assets." It's very cheap, quick and simple. I can help you with this. You probably do not need to go anywhere near the probate court.

This response is for general information purposes only and does not create an attorney-client relationship.

Re: estate and wills

See Wis. Stat. 867.03 Transfer by affidavit.

Generally when a person dies and leaves property in this state which does not exceed $50,000, an heir of the decedent may collect any money due the decedent, receive the property of the decedent, and have any interest of, debt owed to, or right of the decedent transferred to the heir. To do so the heir must file with the register of deeds an affidavit with a description and value of the property, whether the person who died or his/her spouse ever received family care benefits, medical assistance or long-term community support services.

But please NOTE: By accepting the property, the heir assumes a duty to apply the property transferred for the payment of debts under Wis. Stat. 859.25 and to distribute any balance to those persons designated in a will or if no will, according to the rules of intestate succession.

The affidavit forms and instructions are available at the office of register of deeds.