2025 Session Last amended: 1999 session

§ 524.2-101 — Intestate Estate

Plain-Language Summary

When someone dies without a will in Minnesota, their property goes to their closest family members. This is called 'intestate succession.' The person who died can also use a will to block certain people from receiving any of this property.

524.2-101 INTESTATE ESTATE.

(a) The intestate estate of the decedent consists of any part of the decedent’s estate not allowed to the decedent’s spouse or descendants under sections 524.2-402, 524.2-403, and 524.2-404, and not disposed of by will. The intestate estate passes by intestate succession to the decedent’s heirs as prescribed in this chapter, except as modified by the decedent’s will.

(b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent’s intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed an intestate share.

History:

1985 c 250 s 1; 1994 c 472 s 2; 1999 c 171 s 1

History: History: 1985 c 250 s 1; 1994 c 472 s 2; 1999 c 171 s 1

Practical Notes

When this applies: When a Minnesota resident dies without a valid will, or when a will does not cover all of the person’s property. Who this affects: Surviving family members such as spouses, children, and other relatives of the person who died. Key points: Property not covered by a will passes to heirs under state law; the decedent can use a will to exclude specific people from inheriting.

Source: Minnesota Office of the Revisor of Statutes