Quick answer

If a person dies before a divorce is final in Minnesota, the surviving spouse usually remains the legal spouse for probate and inheritance purposes. That means the estranged spouse can often inherit under intestacy rules, make claims for homestead, family allowance, and exempt property, and may be treated as beneficiary under wills or contracts unless a court order or binding settlement already changed those rights. Specific outcomes depend on whether there was a valid separation agreement, pending court orders, beneficiary designations, or an executed will.

Detailed answer — how Minnesota law treats an unfinished divorce

The key rule: marriage continues until a court issues a final divorce decree. If the deceased was still legally married when they died, Minnesota law ordinarily treats the surviving spouse as the decedents spouse for purposes of probate and estate claims. That basic rule affects several common situations:

• Intestate succession: If there is no valid will, the surviving spouse is the heir under Minnesotas probate rules and will receive the spouses statutory share of the intestate estate. The exact share depends on whether the decedent left descendants and who those descendants are.
• Wills and beneficiary designations: If the decedent had a will or beneficiary designations (life insurance, retirement accounts) that name the estranged spouse and the divorce was not final, those gifts generally stand. Many states (including Minnesota) treat a former spouse differently only after a divorce or annulment is final; until then the spouse remains a beneficiary unless the document itself says otherwise or there is a binding agreement.
• Family allowance, homestead, exempt property: Minnesota law provides a surviving spouse with procedural protections (family allowance for maintenance while probate proceeds, homestead rights, and certain exempt personal property). Those protections normally apply to a surviving spouse when marriage existed at death.
• Pending divorce documents and separation agreements: A written separation or property settlement that was entered into and is legally binding (for example, incorporated in a court order or otherwise enforceable) can modify or waive rights. A court might enforce a valid agreement that disposes of property rights even if the final decree was not entered.
• Annulment or void marriage: If the marriage was void or later annulled, a different analysis may apply. But an annulment must be obtained by court order to change legal status.

For general statutory text and an overview of Minnesota probate law, see the Minnesota Probate Code: https://www.revisor.mn.gov/statutes/cite/524.

Typical examples

Example 1 (no will, divorce not final): A person dies while a divorce is pending. Because they were still legally married, the surviving spouse will generally inherit under Minnesotas intestacy rules unless there is a binding separation agreement that says otherwise.

Example 2 (will left everything to new partner, divorce not final): If the decedents will leaves assets to someone other than the spouse and the divorce was not final, the estranged spouse may still enforce spousal rights (e.g., homestead, family allowance, or possibly a statutory share) because divorce did not yet terminate the marriage.

Example 3 (valid separation agreement that divides property): If the parties executed and the court recognized a binding property settlement that clearly left the estranged spouse with no claim, a probate court may enforce that settlement and deny additional estate claims by the spouse.

Practical steps for an executor, heirs, or an estranged spouse

• Confirm marital status: obtain a certified copy of the death certificate and check whether a final divorce decree exists.
• Locate estate planning documents: wills, trust documents, beneficiary designations for life insurance and retirement accounts, and any separation or property settlement agreements.
• Check for pending court orders in the divorce file: temporary orders or a written settlement may change property rights.
• If you are the estranged spouse, ask the probate court clerk about filing for family allowance or claiming exempt property immediately to protect short-term needs.
• If you are an executor or potential heir, notify interested parties and consult a probate attorney to evaluate competing claims and deadlines.

Time limits and contested claims

Probate has procedural deadlines. If someone believes their claim is being denied (for example, a putative spouse or an heir excluded from a will), they must act promptly to assert rights. The specific timelines to object or file claims depend on how the estate is opened and how notice is given, so consult a probate attorney as soon as possible.

When a probate attorney can help

An attorney can:

• Review whether a separation agreement or court order changes spousal rights;
• Evaluate beneficiary designations and whether they are effective;
• File or defend claims for homestead, family allowance, or elective-type recovery where applicable;
• Represent parties in contested probate or will contests.

Helpful hints

• Gather documents quickly: marriage certificate, death certificate, will, trust, beneficiary forms, divorce filings, and any separation agreements.
• Dont assume an estrangement equals legal termination. Only a final divorce decree changes marital status.
• Check retirement and life insurance beneficiaries; they often pass outside probate and follow contract rules unless changed by later valid documents.
• If you signed a separation or property settlement, determine whether it was incorporated into a court order; that affects enforceability.
• If you are appointed personal representative, get legal advice before distributing assets—distributing before resolving a spouses claim can lead to personal liability.
• Act quickly. Probate procedures have short windows to assert claims or object to appointments.

Statutory resources: Minnesota Probate Code (Chapter 524): https://www.revisor.mn.gov/statutes/cite/524. For practical probate guides and court resources, see the Minnesota Judicial Branch probate information at https://www.mncourts.gov/Help-Topics/Probate.aspx.

Disclaimer: This article provides general information about Minnesota law and common outcomes when a decedent dies before a divorce is final. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Minnesota attorney who can review the full facts and documents.