If you pass away without a will in Minnesota, state law decides who gets your property, and the results might surprise you.

When someone dies without a will, it’s called dying intestate. In that case, the Minnesota probate court follows a set of laws designed to divide your estate among your closest relatives. While this system aims to be fair, it doesn’t always match what you would have wanted.

How Intestate Succession Works in Minnesota

Here’s a simplified version of how Minnesota divides your assets:

• If you’re married with no children, your spouse usually inherits everything.
• If you’re married with children from that marriage, your spouse still typically receives everything.
• If you have children from another relationship, your spouse and your children may split the estate.
• If you’re single with children, your children inherit everything equally.
• If you’re single with no children, your parents, siblings, nieces, or nephews may inherit, depending on who survives you.

These laws do not consider:

• Long-term relationships where you are not legally married
• Stepchildren you haven’t legally adopted
• Friends, charities, or causes you care about
• Your preferences about who should manage your estate or care for your children

Why This Matters

Without a will, your loved ones may face delays, confusion, and even disputes in court. You also lose your chance to:

• Choose a guardian for minor children
• Name a personal representative (previously called executor)
• Decide who receives your assets
• Protect special items or family heirlooms

Final Thoughts

Having a will in place gives you control and gives your family peace of mind. Even a simple plan can make a big difference. If you’re ready to get started, or just have questions, reach out to Sheila Kelly in White Bear Lake for compassionate, practical guidance.