Who Inherits If You Die Without a Will in Minnesota
Minnesota's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: 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. Minn. Stat. §§ 524.2-102, 524.2-103
| 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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| Surviving spouse's share | A surviving spouse may elect a percentage of the augmented estate based on length of marriage: 3% after 1 year, rising 3% per year to 30% at 10 years, then 4% per year to 50% at 15 years or more (under 1 year: supplemental amount only). If the spouse's total is under $75,000, a supplemental amount brings it up to $75,000. Homestead rights and family allowances are paid in addition. Source: Minn. Stat. § 524.2-202 |
| 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 |
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FAQ
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.
What is a surviving spouse entitled to in Minnesota?
A surviving spouse may elect a percentage of the augmented estate based on length of marriage: 3% after 1 year, rising 3% per year to 30% at 10 years, then 4% per year to 50% at 15 years or more (under 1 year: supplemental amount only). If the spouse's total is under $75,000, a supplemental amount brings it up to $75,000. Homestead rights and family allowances are paid in addition.
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.
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.