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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 survivesThe surviving spouse takes
Who else survivesNo descendant of the decedentThe surviving spouse takesThe entire intestate estate
Who else survivesOnly descendants who are also the spouse's, and the spouse has no other descendantThe surviving spouse takesThe entire intestate estate
Who else survivesThe spouse has a descendant who is not the decedent'sThe surviving spouse takesThe first $225,000, plus one-half of any balance
Who else survivesThe decedent has a descendant who is not the spouse'sThe surviving spouse takesThe first $225,000, plus one-half of any balance
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  • 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)
  1. Minn. Stat. 524.2-102 — Intestate share of spouse
  2. 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.

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