What the rule says
Minnesota's intestacy statute, Minn. Stat. § 524.2-102, follows the Uniform Probate Code framework:
- Spouse and all descendants are mutual: The spouse takes the entire estate. - Spouse and at least one decedent's descendant from prior relationship: The spouse takes the first $225,000 plus one-half of the balance. - Spouse and at least one spouse's descendant from prior relationship (not decedent's child): The spouse takes the first $225,000 plus one-half of the balance. - Spouse but no descendants, with parent surviving: The spouse takes the entire estate. Minnesota does not give parents a share when the spouse survives without descendants — different from some UPC states. - Spouse but no descendants and no parents: The spouse takes the entire estate. - Descendants but no spouse: Descendants take the entire estate by representation.
What this means in practice
- Minnesota resident dies without a will, leaving a surviving spouse and three mutual children. Spouse takes the entire estate. - Minnesota resident dies without a will, leaving a surviving spouse and one decedent's child from prior relationship. Estate $400,000. Spouse takes $225,000 + 50% of $175,000 = $312,500. Child takes $87,500.
Minnesota's framework is among the more spouse-favorable in the country for mutual-descendants families.
What you can do about it
- Minnesota will requirements (Minn. Stat. § 524.2-502). A will must be in writing, signed by the testator, and signed by two witnesses. - Minnesota recognizes harmless-error doctrine under § 524.2-503. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Minn. Stat. § 524.2-202, surviving spouse can elect against the will and take the augmented estate elective share that scales with marriage length.
Who this affects most
Minnesota's intestacy formula is most consequential for married Minnesota residents in mutual-descendants families (favorable) and blended families with the $225,000 floor.