Affidavit of Heirship in Minnesota
Whether Minnesota lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Minnesota has a 'determination of descent' proceeding rather than an heirship affidavit. If a person has been dead for more than three years, left real or personal property, and no will has been probated and no probate proceedings have been held in Minnesota, any interested person (or… Minn. Stat. § 525.31
| Affidavit / determination of heirship | Minnesota has a 'determination of descent' proceeding rather than an heirship affidavit. If a person has been dead for more than three years, left real or personal property, and no will has been probated and no probate proceedings have been held in Minnesota, any interested person (or their successor) may petition the district court of the decedent's county of residence, or where the property is located, to determine the descent of the property and assign it to those entitled. Source: Minn. Stat. § 525.31 |
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| Who inherits without a will | The surviving spouse takes the entire estate if the decedent left no descendants, or if all of the decedent's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes the first $225,000 plus one-half of the rest, and the decedent's descendants share the balance. With no spouse, the estate goes to descendants by representation; if none, to parents; then to descendants of parents (siblings and their descendants); then half to paternal and half to maternal grandparents or their descendants; then to next of kin. |
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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
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- Executor Duties in Minnesota
- Letters Testamentary in Minnesota
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- All Minnesota wills, probate and estate rules
FAQ
Does Minnesota have an affidavit of heirship?
Minnesota has a 'determination of descent' proceeding rather than an heirship affidavit. If a person has been dead for more than three years, left real or personal property, and no will has been probated and no probate proceedings have been held in Minnesota, any interested person (or their successor) may petition the district court of the decedent's county of residence, or where the property is located, to determine the descent of the property and assign it to those entitled.
Who inherits if someone dies without a will in Minnesota?
The surviving spouse takes the entire estate if the decedent left no descendants, or if all of the decedent's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes the first $225,000 plus one-half of the rest, and the decedent's descendants share the balance. With no spouse, the estate goes to descendants by representation; if none, to parents; then to descendants of parents (siblings and their descendants); then half to paternal and half to maternal grandparents or their descendants; then to next of kin.
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.