Detailed Answer — How Minnesota law distributes an intestate estate among children
If a person dies without a valid will in Minnesota (dies intestate), Minnesota’s probate statutes determine who inherits. The probate code (Minn. Stat. ch. 524) governs intestate succession and sets the rules for how the estate passes to the surviving spouse, children, grandchildren and other relatives. See Minnesota Statutes, chapter 524 for the governing law: https://www.revisor.mn.gov/statutes/cite/524.
Key rules you need to know about how children inherit:
- Surviving children inherit equally: If the decedent is survived by two or more children and no surviving spouse (or if the spouse’s statutory share does not consume the entire estate), the estate is divided equally among the surviving children.
- Representation (children’s descendants take their parent’s share): If one of the decedent’s children predeceased the decedent but left children of their own (the decedent’s grandchildren), those grandchildren inherit the share their parent would have received. In other words, the deceased child’s branch takes that child’s share and divides it among that child’s descendants.
- If a child died leaving no descendants: A predeceased child who left no descendants contributes nothing; their share is divided among the surviving children (or other heirs according to statute).
- Adopted children: Legally adopted children inherit like biological children. Stepchildren do not inherit as children unless legally adopted.
- Children born out of wedlock and paternity: A child born out of wedlock can inherit if parentage is established by law or court order.
Simple examples (hypotheticals)
These examples use round fractions to show how per stirpes (by representation) distribution typically works:
- Example A: The decedent is survived by three living children. Each child receives one-third of the intestate estate.
- Example B: The decedent has three children. One child died before the decedent but left two children (grandchildren). The two surviving children each receive one-third. The two grandchildren share the deceased child’s one-third equally, so each grandchild gets one-sixth.
- Example C: The decedent has three children. One child predeceased the decedent without descendants. The estate is divided between the two surviving children: each receives one-half.
How a surviving spouse can affect children’s shares
Minnesota law also gives a statutory share to a surviving spouse. That share can reduce what passes directly to the children, and how much the children receive depends on whether the spouse is also a parent of the children and on whether other statutory rules apply. The specific allocation between a surviving spouse and the decedent’s children is set out in the Minnesota probate statutes. See Minnesota Statutes, chapter 524 for the precise rules: https://www.revisor.mn.gov/statutes/cite/524.
Other practical inheritance rules that affect children
- Creditors and administrative costs are paid from the estate before distributions to heirs.
- Accounts with named beneficiary designations (payable-on-death accounts, life insurance, retirement plans) pass to the named beneficiary and usually do not pass through probate.
- Real property held jointly with rights of survivorship typically passes to the surviving joint owner(s) outside of probate.
- If parentage is disputed or unclear, the court may require evidence (such as a birth certificate or court order) before recognizing someone as an heir.
Administration basics — what happens after death
When someone dies intestate, a court will appoint a personal representative (sometimes called an administrator) to collect assets, pay debts, and distribute the remaining property to the heirs. The administrator follows Minnesota probate procedures under chapter 524. Estates with limited assets may qualify for simplified procedures; larger or contested estates typically require formal probate administration.
When representation and family situations get complicated
Many real cases raise complex questions: blended families, children from different relationships, adoption issues, children born after death of the decedent, or disputes about who qualifies as an heir. In those circumstances, courts apply the statutory rules and may need to resolve factual disputes (for example, by deciding issues of paternity or whether an adoption was effective for inheritance).
Helpful Hints
- Start by locating the decedent’s vital documents: death certificate, birth certificates for children, marriage certificate, any adoption or paternity records, and any documents that name beneficiaries.
- Make a family tree showing the decedent’s descendants and predeceased children plus their descendants. This clarifies who is in each branch for representation (per stirpes) distribution.
- Identify assets that pass outside probate (joint accounts, beneficiary-designated accounts, joint tenancy real estate) and those that are part of probate.
- Check whether the estate qualifies for simplified probate or a small estate affidavit in Minnesota to save time and cost.
- Gather evidence before filing: birth and death certificates, marriage and divorce records, adoption decrees, and documents proving paternity if needed.
- If multiple potential heirs exist or if family facts are disputed, consider consulting a probate attorney to avoid mistakes and litigation. An attorney can also explain how a surviving spouse’s statutory share affects children’s distributions.
- Act promptly. Probate schedules, creditor notice deadlines, and administrative tasks follow statutory timelines. Missing deadlines can harm the estate or claims by heirs.
Where to look for the law: The Minnesota Statutes (chapter 524) contain the state’s probate rules, including intestate succession. Official text is available from the Minnesota Revisor of Statutes: https://www.revisor.mn.gov/statutes/cite/524.
Disclaimer: This article explains general principles of Minnesota intestate succession and estate administration. It does not constitute legal advice and does not create an attorney‑client relationship. For advice on a specific situation, consult a licensed attorney in Minnesota.