Detailed Answer
Under Minnesota law, when someone dies without a valid will and has no surviving spouse but two children, the estate passes equally to those children. Minnesota Statutes Chapter 524.2 sets intestate succession rules. Specifically, Minn. Stat. §524.2-103(a) directs that if no spouse survives, the decedent’s full intestate estate goes to the issue.
The court divides the estate per stirpes. If a child dies before the parent but leaves surviving descendants, those grandchildren inherit that child’s share equally. For example, if Child A predeceases the decedent and has two children, those grandchildren split Child A’s 50% share equally (25% each).
To begin distribution, an interested party or personal representative files a probate petition in the decedent’s county of residence. The probate court validates and pays debts, expenses, and taxes. After settling liabilities, the court issues an order distributing the remaining assets to the heirs.
Key Minnesota Statutes
- Minnesota Statutes §524.2-101: Defines intestate shares and lineal descendants.
- Minnesota Statutes §524.2-103(a): Specifies that without a surviving spouse, the entire estate passes to the issue.
Disclaimer: This article does not provide legal advice. Always consult a qualified Minnesota attorney about your specific circumstances.
Helpful Hints
- Identify heirs precisely, including grandchildren, to ensure correct probate distribution.
- Collect vital records—death certificate, birth certificates, and probate asset lists—before filing.
- File probate promptly; Minnesota law may require filing within months of death.
- Check bonding rules; the court may require a bond to protect the estate.
- Consult a probate attorney early to streamline administration and reduce creditor claims.