2025 Session Last amended: 1996 session

§ 524.3-101 — Devolution of Estate at Death; Restrictions

Plain-Language Summary

When a person dies, their property immediately passes to the people named in their will (or to their heirs if there is no will), but this transfer is subject to restrictions in the probate code. These restrictions include the surviving spouse's allowances and elective share, creditors' claims, and the requirement to go through probate administration.

524.3-101 DEVOLUTION OF ESTATE AT DEATH; RESTRICTIONS.

The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to the person’s property are subject to the restrictions and limitations contained in chapters 524 and 525 to facilitate the prompt settlement of estates. Upon death, a person’s real and personal property devolves to the persons to whom it is devised by last will or to those indicated as substitutes for them in cases involving lapse, disclaimer, renunciation, or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition, to the decedent’s heirs, or to those indicated as substitutes for them in cases involving disclaimer, renunciation or other circumstances affecting devolution of intestate estates, subject to the provisions of sections 525.14 and 524.2-402, the allowances provided for by sections 524.2-403 and 524.2-404, to the rights of creditors, elective share of the surviving spouse, and to administration.

History:

1974 c 442 art 3 s 524.3-101; 1975 c 347 s 23; 1986 c 444; 1996 c 305 art 1 s 111

History: History: 1974 c 442 art 3 s 524.3-101; 1975 c 347 s 23; 1986 c 444; 1996 c 305 art 1 s 111

Practical Notes

When this applies: At the moment of a person’s death, as the starting point for all probate proceedings. Who this affects: Heirs, will beneficiaries, surviving spouses, and creditors. Key points: Property passes automatically at death by operation of law, but the personal representative must still be appointed to administer the estate. The surviving spouse has rights to a homestead, exempt property allowance, and family maintenance allowance that take priority. Creditors’ claims must be paid before beneficiaries receive their shares.

Source: Minnesota Office of the Revisor of Statutes