Elective Share in Minnesota
State-specific overview · Estate & Probate
A surviving spouse receives one-third of the estate regardless of children, or one-half if there are no children.
How Minnesota treats Elective Share
Minnesota provides a surviving spouse with an elective share of one-third of the net estate if the deceased spouse had children. If no children exist, the surviving spouse may elect to receive one-half of the net estate. The surviving spouse must make this election within nine months of the death or within six months of probate opening, whichever is later. The elective share applies to the probate estate and certain non-probate transfers.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Minnesota.