Do children always have the right to an inheritance? The cases in which the spouse receives everything in Minnesota

In much of the world, when a person dies without leaving a valid will, the distribution of their assets is subject to the intestate succession laws of the region in which the estate must be processed.

Minnesota is no exception. The law establishes an order of priority among surviving relatives to determine who is entitled to receive part of the estate.

What does the Intestate Succession Law define in Minnesota?

Minnesota’s Intestate Succession Law of Minnesota establishes how the assets of a person who dies without leaving a valid will should be distributed, or when part of this estate is not included in this document.

According to section 524.2-101 of the Minnesota Code, assets subject to intestate succession are distributed among legal heirs following the order of priority established by law.

The distribution depends on the existence of a surviving spouse, children, parents, or other relatives. In addition, the deceased may have set restrictions in their will that affect the right of certain people to inherit the assets.

In which cases does the spouse receive everything in Minnesota?

Section 524.2-102 of the Minnesota Code establishes that the surviving spouse is entitled to receive the entire estate subject to intestate succession in two situations:

• When the deceased leaves no descendants.
• When all descendants are shared with the surviving spouse.

By contrast, when there are descendants who are not common to both spouses, the distribution is different. In these cases, the surviving spouse receives the first US$225,000 of the intestate estate, plus half of the remaining balance. The rest must be distributed among the deceased’s descendants.

What happens when there is no surviving spouse?

When a person dies without leaving a surviving spouse, section 524.2-103 of the Minnesota Code establishes an order of priority to determine who is entitled to receive their assets:

1. Children and other descendants.
2. Parents.
3. Siblings and descendants of siblings.
4. Grandparents and their descendants.
5. Other relatives.

Section 524.2-106 also establishes the rules of representation, which make it possible to determine how the share of the inheritance corresponding to a relative who died before the estate holder is divided.

What happens when there are no valid heirs?

When a person dies without leaving a spouse or relatives entitled to inherit, the remaining assets of their estate may pass to the state of Minnesota through a procedure known as escheat.

According to section 525.161 of the Minnesota Code, when a court determines that there is no surviving spouse or relatives, it must notify the state attorney general, who is responsible for protecting the state’s interests during the administration of the estate.

The regulations establish that:

• Funds and other personal property that pass to the state are held in the custody of the Commissioner of Administration and Budget. The money received is credited to the state general fund.
• Shares, bonds, and other securities may be managed, invested, or sold in accordance with legal provisions.
• Real estate is reported to the State Executive Council, and its eventual sale or disposal must comply with the procedures established by law.

This means that the absence of heirs does not mean that the assets are left without an owner, but rather that the remaining estate may be transferred to the state through the corresponding procedure.