Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Minnesota law, when a person dies without a valid will (intestate), the estate passes according to the Uniform Probate Code as adopted in Minnesota. Because the decedent left no surviving spouse, the entire estate goes to the decedent’s children.
1. Identification of Heirs
Minnesota Statutes §524.2-101 (Minn. Stat. §524.2-101) defines “heirs” as those persons entitled to inherit under intestate succession rules. In this scenario, the three biological or legally adopted children qualify as heirs of equal priority. (Foster children or stepchildren inherit only if formally adopted.)
2. Distribution Rules
Distribution follows a per capita by representation method under Minnesota Statutes §524.2-103 (Minn. Stat. §524.2-103). This means each of the three children inherits an equal share of the estate. If one child predeceased the decedent but left descendants (grandchildren of the decedent), those descendants would split that share by representation.
3. Example Distribution
Suppose the estate is valued at $300,000 and the decedent has three children—Alice, Bob, and Carol—with no one else in line to inherit:
- Alice inherits $100,000
- Bob inherits $100,000
- Carol inherits $100,000
If Bob predeceased the decedent but had two children, those grandchildren would each receive $50,000 (Bob’s $100,000 share divided equally).
4. Administration Process
An interested person (often one of the children) must file a petition to open probate in the county where the decedent lived. The court appoints a personal representative who collects assets, pays debts and taxes, then distributes the balance according to intestate rules.
Helpful Hints
- Gather certified copies of each child’s birth or adoption certificate.
- Locate all asset documentation (bank accounts, real estate deeds, retirement accounts).
- Check for payable-on-death or transfer-on-death designations—those assets bypass probate.
- Understand that small estates may qualify for a simplified probate process (affidavit procedure).
- Consult a probate attorney if any heir contests the distribution or if complex assets exist.