What Happens if You Die Without a Will in Minnesota?
If you die without a will in Minnesota, distribution of your assets will follow the state's intestate succession laws, part of Minnesota's Uniform Probate Code. It determines who inherits how much and is dependent on your marital status and family situation.
If You are Married with Children
Whether your spouse inherits everything depends on whether your children are shared with your spouse.
- If all of your descendants are also your spouse's, and your spouse has no descendants from another relationship, 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 remainder, divided equally.
If You are Married Without Children
Your entire intestate estate goes to your spouse.
If You Don't Have a Spouse, but Have Children
Your children inherit your estate equally, by representation, including legally adopted children, but generally not stepchildren or foster children who were never legally adopted.
If You Don't Have a Spouse or Children
Your assets pass to your parents, in equal shares if both survive. If both are deceased, your siblings inherit.
If No Living Relatives Can Be Found
If the rare case that no qualifying relative can be located, including grandparents and their descendants, your property escheats to the State of Minnesota. This is rare as the state will attempt to reach even distant relatives before assuming ownership.
Other Things to Know about Dying Without a Will in Minnesota
- Grandchildren only inherit if their parent (your child) has already died.
- Stepchildren and foster children are generally not considered for inheritance unless they were legally adopted.
- A surviving spouse has the right to claim an elective share of the estate under a separate statute, which can matter if you have a will that leaves them very little.
- A personal representative will be appointed to administer the estate.
When Does an Estate Go Through Probate Without a Will
If your entire estate is worth $75,000 or less and consists only of personal property, no real estate, your family may be able to use an Affidavit for Collection of Personal Property instead of a full probate proceeding, once at least 30 days have passed since the death.
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