Detailed Answer
1. What Happens Under Intestate Succession?
When a Minnesota resident dies without a valid will, the estate passes according to state law. Under Minn. Stat. § 524.2-103, the surviving spouse automatically receives the first $225,000 of the estate plus one-half of the remaining assets if the decedent left children. If the decedent left no descendants or parents, the spouse inherits the entire estate.
2. Electing a Life Estate in the Homestead
Instead of accepting the default intestate share, a surviving spouse may elect to take a life estate in the decedent’s homestead and certain exempt personal property. This election is authorized by Minn. Stat. § 524.2-302. The homestead generally includes the real property that served as the decedent’s principal residence at death.
3. Procedure and Requirements
To make this election, the surviving spouse must file a written statement with the probate court within four months after the appointment of the personal representative, as set forth in Minn. Stat. § 524.2-311. The election must describe the homestead and any exempt personal property claimed. It must also be served on the personal representative and other heirs.
4. Effects of the Election
Once the election is properly filed and not revoked, the spouse gains the right to occupy and use the homestead for life. Any remainder interest passes to the other heirs as if the decedent had retained a life estate. By making this election, the spouse waives the statutory intestate share in that property.
Helpful Hints
- Review your intestate rights under Minn. Stat. § 524.2-103 before deciding.
- Identify which parcel qualifies as the homestead—your principal residence at the decedent’s death.
- Confirm any personal property you intend to claim as exempt under Minn. Stat. § 524.2-302.
- Note the four-month deadline runs from the personal representative’s appointment—missing it can forfeit your life estate right.
- Consult the court clerks’ office for filing requirements and fees.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney.