Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed Minnesota attorney for guidance specific to your situation.
Detailed Answer
Under Minnesota law, the court follows a strict priority list when appointing a personal representative (formerly called executor). This process appears in Minnesota Statutes § 524.3-203 (revisor.mn.gov/statutes/cite/524.3-203). Generally, the order is:
- Person named in the decedent’s will.
- Spouse or domestic partner.
- Adult children of the decedent.
- Parent(s) of the decedent.
- Siblings of the decedent.
- Grandchildren of the decedent.
- Other heirs under Minnesota’s intestacy laws.
A mother-in-law does not qualify under any of these priority categories unless the decedent’s will specifically names her as personal representative.
Example: Jane Doe dies intestate (without a will). Minnesota’s intestacy statutes (Minn. Stat. § 524.2-103, revisor.mn.gov/statutes/cite/524.2-103) identify her spouse, children, parents, siblings, and more distant blood relatives as potential heirs. Jane’s mother-in-law, however, has no statutory claim. The court will appoint from the eligible list before considering anyone outside of it.
Key points:
- If the decedent’s will names you, you can petition to serve regardless of relationship.
- If there’s no will (intestate), only blood relatives and the spouse have standing in priority order.
- The court may remove or refuse an appointment for cause, but it cannot expand the priority list to include in-laws.
Helpful Hints
- Review the decedent’s will first: a named personal representative takes priority over all others.
- Check Minnesota Statutes § 524.3-203 for the full priority list and detailed rules.
- Understand “interested person” status: you may still attend hearings even if you cannot serve.
- Consider mediation: if family members dispute, mediation can resolve conflicts before court.
- Consult a probate attorney: they can file the petition correctly and advise on standing issues.