Detailed Answer — How to claim an intestate share in Minnesota
If your parent died without a will in Minnesota, their estate is distributed under Minnesota’s intestacy rules. The process below explains how heirs are identified and how an heir can claim their share. This is general information only and not legal advice.
Where to find the law
Minnesota’s probate and intestacy rules are in the Minnesota Statutes, Chapter 524 (Probate Code): https://www.revisor.mn.gov/statutes/cite/524. The Minnesota Judicial Branch has practical probate information and court forms: https://www.mncourts.gov/Help-Topics/Probate.aspx.
Step 1 — Confirm there is no valid will and identify likely heirs
First, confirm your mother did not leave a valid will. If there is no will, Minnesota’s intestacy rules determine heirs (typically spouse, children, parents, siblings, and more remote relatives). Which relatives inherit — and in what shares — depends on who survived the decedent. The statutes in Chapter 524 describe how property passes to a surviving spouse, children, and other relatives.
Step 2 — Locate the estate’s assets and key documents
Make a list of bank accounts, investment accounts, retirement plans, titles to real estate, life insurance policies, and any debts. Get a certified copy of the death certificate from the Minnesota Department of Health or the local registrar. Gather documents proving your relationship to the decedent (birth certificates, marriage certificates, adoption records).
Step 3 — Determine whether formal probate is required
Some estates can be handled informally or via small‑estate procedures; others require opening a probate case. Whether you need formal probate depends on the types and value of assets and whether institutions will release them to heirs. The Minnesota Judicial Branch page above lists common forms and procedures.
Step 4 — If someone has been appointed personal representative (administrator)
If a personal representative (sometimes called an administrator) has already been appointed by the court, contact that person. The administrator controls distribution. As an heir you may request an accounting, review the estate inventory, and, if appropriate, object to the administrator’s actions through the probate court.
Step 5 — If no representative exists, petition the court to open probate
An heir may file a petition with the county probate court to open an estate and ask the court to appoint a personal representative. The court will require details about heirs, assets, and notice to interested persons. Once appointed, the administrator gathers assets, pays valid debts and taxes, and distributes the remainder to heirs according to Minnesota law.
Step 6 — Notice to creditors and distribution
The administrator must notify creditors and publish notice if required. After paying valid debts and expenses, the administrator will distribute the remaining estate to heirs under intestacy rules. If you are an heir entitled to a distribution, the administrator should include you in the distribution and provide documentation showing how shares were calculated.
What you can do if you believe you’re entitled but are being ignored or disputed
- Request a copy of the estate inventory and accounting from the administrator or the court.
- If no administrator has been appointed, file a petition to open the estate and seek appointment.
- If you suspect fraud, undue influence, or improper administration, you can file objections or a petition with the probate court asking for relief (removal of a representative, an accounting, or distribution).
- If paternity, adoption, or identity of heirs is at issue, be prepared to provide documentary proof or seek a court determination.
Timing and costs
Probate time varies with estate complexity; it can take several months to over a year. Court filing fees, publication costs, and possible attorney fees reduce the estate. If you and the other heirs agree, some uncontested administrations are quicker and cheaper; contested matters take longer and cost more.
When to consult a lawyer
Consider hiring an attorney if the estate is large or complex, if there are disputes between heirs, if title to real property is unclear, or if you encounter uncooperative institutions. If you cannot afford an attorney, the Minnesota Judicial Branch and local legal aid organizations may provide guidance or referrals.
Useful resources: Minnesota Statutes, Chapter 524 (Probate Code): https://www.revisor.mn.gov/statutes/cite/524; Minnesota Judicial Branch probate information: https://www.mncourts.gov/Help-Topics/Probate.aspx.
Disclaimer: This article is for general information only and is not legal advice. For advice about your specific situation, contact a licensed Minnesota attorney.
Helpful Hints
- Start by collecting a certified death certificate and proof of your relationship to your mother (birth certificate, adoption or marriage records).
- Search for a will in common places and check with the decedent’s lawyer, safe‑deposit box, or local probate court where a will may have been filed.
- Make a simple asset inventory (accounts, safe deposit box, deeds, life insurance, retirement plans). Financial institutions often require a death certificate and proof of your status before releasing funds.
- If a retirement account or life insurance policy names a beneficiary, that asset usually passes outside probate to the named beneficiary.
- Be proactive: if no one has started probate, an heir can file the necessary petition to avoid delay and to protect the estate from creditor claims.
- Keep records of all communications, receipts, and documents you provide or receive from the estate administrator.
- Consider mediation if heirs disagree — it can be faster and cheaper than litigation.
- Use Minnesota court and probate resources: county court locations and forms are at the Minnesota Judicial Branch site: https://www.mncourts.gov/Find-Courts.aspx.
- For help finding an attorney, consider the Minnesota State Bar Association Lawyer Referral & Information Service: https://www.mnbar.org/.