Probate in Minnesota: What Your Family Goes Through Without a Will

When someone dies without a will in Minnesota, the estate is distributed under the state's intestate succession laws through Minnesota's probate court. Some exceptions allow you to skip this process entirely.

• If you have life insurance policies that have a designated beneficiary.

• If you have retirement accounts with a designated beneficiary.

• If you have property held in joint tenancy with right of survivorship.

• If you have bank accounts with a payable-on-death designation.

If none of these apply, Minnesota offers a simplified process for smaller estates. An Affidavit for Collection of Personal Property can be used if the entire estate is worth $75,000 or less, once at least 30 days have passed since the death. This process only covers personal property, not real estate.

Succession Laws Without a Will in Minnesota

All assets owned by the deceased are treated the same regardless of when they were acquired during the marriage. Under Minnesota's Uniform Probate Code, the lines of succession without a will are as follows.

• If you are married with no descendants, your spouse inherits everything.

• If you have descendants but no spouse, those descendants inherit the estate with everything equally divided among them.

• If you have no spouse and no descendants, your parents inherit stand to inherit the estate.

• If you have no spouse, no descendants, and no parents, your siblings inherit everything.

If you are married and have descendants, the split depends on whether you and your spouse share those descendants.

• If all of your descendants are also your spouse's, and your spouse has no other descendants, your spouse inherits everything.

• If your spouse has descendants from another relationship, or you have descendants who are not your spouse's, your spouse inherits the first $225,000, plus one-half of the balance. Your descendants inherit the rest.

Want to compare your options before or after probate? Compare what is included in a will and a trust.