What Happens When You Die Without A Will?

Minnesota, like many states, has a backstop for the estates of people who die without a valid Will (intestacy). This backstop, the Minnesota intestacy statutes, which are derived from the Uniform Probate Code, is not designed to anticipate every family situation. Instead, it merely tries to ensure that close family members are not left out of an inheritance altogether. It's a very basic safety net, and the law sets forth a hierarchy of who inherits--called intestate succession. Therefore, what the state provides for settling your estate may be quite a bit different from what you would choose to do.

The probate courts have the power to appoint the personal representatives to administer estates. If you leave a valid Will which nominates someone to act as your PR, the court will generally accept that person, as long as the person has not otherwise been disqualified. But if you die without a Will the court names a PR without your input. The court-appointed PR could end up being a family member, possibly one you would not have chosen. Or perhaps a complete stranger.

What are some things that could happen when a probate court applies the laws of intestate succession to your estate? 

It depends on who survives you and their relationship to you.

✦ If you are single, with no descendants, your intestate estate will be distributed entirely to your parents, and if your parents are no longer alive, then it goes in its entirety to your siblings. If no surviving siblings, it passes to nieces and nephews.

✦ If you are married, your surviving spouse inherits everything.

✦ If you are in a relationship, but unmarried, your surviving partner receives nothing.

Children's shares:

If you die without a Will, your children will receive a share of your estate. The size of the share depends on the number of children you have, your marital status at the time of your death, whether your children are also descendants of your spouse or if they are your spouse's children from a previous relationship.

✦ The state has certain definitions of who are counted as your "children" in terms of receiving an intestate share. Children who were born during your marriage, children who were adopted, children born outside of the marriage, children conceived by you but born at least 120 hours after your death, and children conceived by assisted reproduction are all eligible to receive a share of your estate under the laws of intestacy.

✦ Foster children and stepchildren you have not legally adopted are ineligible to receive a share, as are children you have placed for adoption and were legally adopted by another family.

✦ A grandchild receives a share only if that grandchild's parent (your son or daughter) is no longer alive to receive a share. If you want to give assets directly to a grandchild, you need a Will.

As you can see from these examples, intestate succession could distribute your estate property in ways you had not planned on, leaving some intended heirs left out and distributing to others you never wanted to give to. An omitted heir might lose an inheritance they were counting on, while an unintended heir who receives a valuable share of property (such as real property) may be unable or unwilling to bear the burden of taxes, maintenance, etc. In addition, if you had intended to give property to someone outside of your family, such as a friend or perhaps a charity, the laws of intestacy will not provide for such a distribution.

 

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Having a valid Will can help ensure that your property will go to the people you choose. Receiving the guidance of a qualified estate planning attorney can help you get started.