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An affidavit to clear a deceased owner's interest in real property in Minnesota of record where there is a right of survivorship as either a surviving joint tenant or a remainderman to a life estate.
Section 524.6-204 - RIGHT OF SURVIVORSHIP (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless: (1) there is clear and convincing evidence of a different intention; or (2) there is a different disposition made by a ...
Minnesota small estate affidavit is a legal form used in estates valued and under $75,000. Minnesota statute 524.3-1201 tells us that this dollar amount is the threshold level by which an estate in Minnesota does or does not need to be probated.
An affidavit to clear a deceased owner's interest in real property in Minnesota of record where there is a right of survivorship as either a surviving joint tenant or a remainderman to a life estate.
The affidavit can collect the decedent's personal property in safe deposit boxes, interests in multiple-party accounts, and debts owed to the decedent. See Minnesota Statutes, sections 524.3-1201, 55.10, and 524.6-207. There are important limitations to affidavits of collection.
The primary difference between a joint tenancy with the right of survivorship and a joint tenancy is that the former passes ownership to any surviving parties rather than to their heirs or other beneficiaries.