Dying Without A Will
Minn. Stat. 524.2-102 — all to the spouse, or $225,000 plus half where children are not shared
| Who else survives | The surviving spouse takes |
|---|---|
| Who else survivesNo descendant of the decedent | The surviving spouse takesThe entire intestate estate |
| Who else survivesOnly descendants who are also the spouse's, and the spouse has no other descendant | The surviving spouse takesThe entire intestate estate |
| Who else survivesThe spouse has a descendant who is not the decedent's | The surviving spouse takesThe first $225,000, plus one-half of any balance |
| Who else survivesThe decedent has a descendant who is not the spouse's | The surviving spouse takesThe first $225,000, plus one-half of any balance |
- What does not pass to the spouse, or the whole estate if there is none, goes to the decedent's descendants by representation.
- If there are none, to the parents equally, or to the surviving parent.
- If there is no descendant or parent, to the parents' descendants by representation.
- Beyond them, half to each side's grandparents or their descendants, and the whole to one side if the other has no one.
- Beyond them, to the next of kin in equal degree.
Property that passes outside the probate estate, such as jointly owned property or an account with a named beneficiary, is not part of the intestate estate. Who inherits in a particular estate is a question for the district court and for a licensed Minnesota attorney.
Sources for this section (2)
- Minn. Stat. 524.2-102 — Intestate share of spouse
- Minn. Stat. 524.2-103 — Shares of heirs other than surviving spouse
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.