Intestate Succession in Minnesota

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.

Which Assets Pass by Intestate Succession

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:

• property you've transferred to a living trust
• life insurance proceeds with a named beneficiary
• funds in an IRA, 401(k), or other retirement account with a named beneficiary
• securities held in a transfer-on-death account
• real estate for which you have a transfer on death deed
• vehicles for which you have a transfer on death registration
• payable-on-death bank accounts, or
• property you own with someone else in joint tenancy or tenancy by the entirety.

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.

Who Gets What 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:

The Spouse's Share in Minnesota

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.

Children's Shares in Minnesota

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.

• Adopted children. Children you legally adopted will receive an intestate share, just as your biological children do. Minn. Stat. § 524.2-119.
• Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share.
• Children placed for adoption. Children you placed for adoption and who were legally adopted by another family will not receive a share. However, if your biological children were adopted by your spouse, that won't affect their intestate inheritance. Additionally, if you and your spouse are in the process of adopting a child and you die before it is finalized, your child inherits if the adoption is granted to your spouse. Minn. Stat. § 524.2-118.
• Posthumous children. Children conceived by you but not born before your death will receive a share, as long as they survive for at least 120 hours after birth. Minn. Stat. § 524.2-108.
• Children born outside of marriage. If you were not married to your children's mother when she gave birth to them, they will receive a share of your estate as long as they were not adopted or your parental rights were not removed. Minn. Stat. § 524.2-117.
• Children born during your marriage. Any child born to your wife during your marriage is assumed to be your child and will receive a share of your estate.
• Children conceived by assisted reproduction. Children conceived by assisted reproduction will receive a share of their birth mother's estate. If your sperm was used to conceive a child by assisted reproduction, the child will receive a share of your estate if your paternity is established by the official birth record or by your consent to the assisted reproduction procedure as determined by Minnesota law. To inherit, the child must be in gestation prior to your death. Minn. Stat. § 524.2-120.
• Grandchildren. A grandchild will receive a share only if that grandchild's parent (your son or daughter) is not alive to receive his or her share. Minn. Stat. § 524.2-117.

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.

Will the State Get Your Property?

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.

Other Minnesota Intestate Succession Rules

Here are a few other things to know about Minnesota intestacy laws.

• Survivorship period. To inherit under Minnesota's intestate succession statutes, a person must outlive you by 120 hours. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property. Minn. Stat. § 524.2-104.
• Half-relatives. "Half" relatives inherit as if they were "whole." That is, your sister with whom you share a father, but not a mother, has the same right to your property as she would if you had both parents in common. Minn. Stat. § 524.2-107.
• Posthumous relatives. Relatives conceived before -- but born after -- you die inherit as if they had been born while you were alive, as long as they survive at least 120 hours after birth. Minn. Stat. § 524.2-108.
• Immigration status. Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States. Minn. Stat. § 524.2-111.
• Advancements. If you give a relative property during your lifetime, the value of this gift is subtracted from your relative's share only if you put this in writing at the time of making the gift or your relative acknowledges it in writing. Minn. Stat. § 524.2-109.

Learn More

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.