Intestate Succession in Minnesota

State-specific overview · Estate & Probate

Quick summary

Minnesota grants the surviving spouse outright ownership of the entire estate if no descendants exist.

How Minnesota treats Intestate Succession

When a spouse and children both survive, the spouse receives the first $225,000 plus one-half of the remainder, with children splitting the rest. If only a spouse survives with no children, the spouse inherits everything. Minnesota uses per stirpes succession, allowing deceased children's descendants to inherit their parent's share.

The general definition of Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.

Read the full Intestate Succession 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.