Update: Effective date for Affidavit of Collection is August 1

by Boyd Johnson on June 18, 2009

There has been some confusion in the Minnesota probate sphere concerning the effective date for the new asset limit for the Affidavit of Collection process.

For a recap of the issues, see here and here.

Multiple sources have confirmed that the effective date is 12:01 a.m. on August 1st and that the new asset limit is not currently in effect. Since the bill that was passed listed no effective date, the default date for non-appropriation bills is August 1st.

Practice Tip: If you have an estate that has more than $20,000 but less than $50,000 of probate assets, consider waiting until August 1st to take advantage of the new statute. Also recall that the successor need not present the affidavit in duplicate (a requirement under the old/current statute).

Special thanks to Tom Holker of Holker Law Offices for his work on verifying the effective date with the House Clerk.

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