What Happens If You Die Without a Will in Minnesota?
Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.
Frequently Asked Questions
Minnesota intestacy laws determine who inherits when there is no will.Minn. Stat. § 524.2-102Verified Jun 11, 2026 Minnesota follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.
The surviving spouse's share in Minnesota depends on family structure.Minn. Stat. § 524.2-102Verified Jun 11, 2026 With no children: Entire estate. With shared children: If all descendants are shared AND spouse has no other descendants: entire estate. Otherwise: first $225,000 plus 1/2 of remaining estate.. When children from a prior relationship survive: First $225,000 plus half of the remaining estate.
Minnesota uses the "per stirpes" distribution method.Minn. Stat. § 524.2-106Verified Jun 11, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. By representation (per stirpes)
Minnesota requires an heir to survive the decedent by 120 hours to inherit.Minn. Stat. § 524.2-102Verified Jun 11, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.
Under Minnesota intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.Minn. Stat. § 524.2-102Verified Jun 11, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Minnesota will signing requirements page outlines what is needed to execute a valid will.
Probate costs in Minnesota depend on estate size and complexity. Estates valued at $75,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Minnesota probate cost calculator for a detailed estimate.
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Minnesota Estate Planning Resources
In-depth guides covering Minnesota probate laws, trust requirements, and estate planning strategies.
