If you die without a will in Minnesota, your assets will go to your closest relatives under state "intestate succession" laws. Here are some details about how intestate succession works in Minnesota.
Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Minnesota.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:
If you die with:
here's what happens:
|children but no spouse||children inherit everything|
|spouse but no descendants||spouse inherits everything|
|spouse and descendants from you and that spouse, and the spouse has no other descendants||spouse inherits everything|
|spouse and descendants from you and that spouse, and the spouse has descendants from another relationship||spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance
descendants inherit everything else
|spouse and descendants from you and someone other than that spouse||spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance
descendants inherit everything else
|parents but no spouse or descendants||parents inherit everything|
|siblings but no spouse, descendants, or parents||siblings inherit everything|
In Minnesota, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don't, your spouse inherits all of your intestate property. Your spouse also inherits your entire estate if all of your descendants are from you and your spouse, and your spouse has no descendants from prior relationships.
Under other circumstances, your spouse will share your intestate property as follows:
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has other descendants from previous relationships. Your surviving spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance.
Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright – those things aren't intestate property. Bill also owns $250,000 in property that would have passed under a will, so Karen inherits $237,500 worth of that property – that is, $225,000 plus $12,500 of the balance. The remaining $12,500 goes to Bill's and Karen's two children.
If you die with children or other descendants who are not the descendants of your surviving spouse. Your surviving spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance.
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $300,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $262,500 worth of Barrett's property -- that is, $225,000 plus $37,500 of the balance. Barrett's daughter inherits the remaining $37,500 share of Barrett's property.
If you die without a will in Minnesota, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, whether your spouse is also their parent and whether your spouse has children from another relationship. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Minnesota must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.
If you want to read the law, Minnesota Statutes § § 524.2-108 and 524.2-116 to 524.2-122 cover parent-child relationships.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don't have any family, your property will "escheat" into the state's coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Minnesota intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There's No Will.
You can find Minnesota's intestate succession law here: Minnesota Statutes § § 524.2-101 to -123.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
Need a lawyer? Search for an experienced estate planning attorney with Nolo's Lawyer Directory.