§ 524.2-202 — Elective Share
Plain-Language Summary
A surviving spouse in Minnesota has the right to claim an 'elective share' of the deceased spouse's augmented estate, regardless of what the will says. The percentage increases with the length of the marriage, starting at 3% after one year and reaching 50% after 15 or more years of marriage.
524.2-202 1994 c 472 s 64
524.2-202 ELECTIVE SHARE.
(a) Elective share amount. The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to the value of the elective-share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule:
| If the decedent and the spouse were married to each other: | The elective-share percentage is: | ||
|---|---|---|---|
| Less than one year | Supplemental amount only | ||
| One year but less than two years | Three percent of the augmented estate | ||
| Two years but less than three years | Six percent of the augmented estate | ||
| Three years but less than four years | Nine percent of the augmented estate | ||
| Four years but less than five years | 12 percent of the augmented estate | ||
| Five years but less than six years | 15 percent of the augmented estate | ||
| Six years but less than seven years | 18 percent of the augmented estate | ||
| Seven years but less than eight years | 21 percent of the augmented estate | ||
| Eight years but less than nine years | 24 percent of the augmented estate | ||
| Nine years but less than ten years | 27 percent of the augmented estate | ||
| Ten years but less than 11 years | 30 percent of the augmented estate | ||
| 11 years but less than 12 years | 34 percent of the augmented estate | ||
| 12 years but less than 13 years | 38 percent of the augmented estate | ||
| 13 years but less than 14 years | 42 percent of the augmented estate | ||
| 14 years but less than 15 years | 46 percent of the augmented estate | ||
| 15 years or more | 50 percent of the augmented estate |
(b) Supplemental elective-share amount. If the sum of the amounts described in sections 524.2-207, 524.2-209, paragraph (a), clause (1), and that part of the elective-share amount payable from the decedent’s probate estate and nonprobate transfers to others under section 524.2-209, paragraphs (b) and (c), is less than $75,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $75,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent’s probate estate and from recipients of the decedent’s nonprobate transfers to others in the order of priority set forth in section 524.2-209, paragraphs (b) and (c).
(c) Effect of election on statutory benefits. If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse’s homestead rights and other allowances under sections 524.2-402, 524.2-403 and 524.2-404, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.
(d) Nondomiciliary. The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent’s domicile at death.
History:
1994 c 472 s 16; 2016 c 135 art 2 s 23
History: History: 1994 c 472 s 16; 2016 c 135 art 2 s 23