What happens if someone dies without a will?
In Minnesota, if someone dies without a will, the state intestate succession law will determine how the decedent’s estate is distributed. Intestate succession law determines who is legally entitled to the assets and property the decedent owned at the time of death. It also determines the order in which those assets will be distributed. First, the surviving spouse or domestic partner of the deceased will receive the entire estate if there are no children or grandchildren. If the decedent is survived by children or grandchildren, the surviving spouse or domestic partner will receive one-half of the decedent’s estate with the remaining half divided among the decedent’s children or grandchildren. If the decedent is not survived by a spouse or domestic partner, the entire estate is distributed to the children or grandchildren. If there are no children or grandchildren, the estate will be split among the decedent’s parents, brothers and sisters, nieces or nephews, grandparents, aunts and uncles, and then more distant relatives. When someone dies without a will, the state intestate succession law ensures that the decedent’s assets and property are distributed to their surviving family according to specific laws and procedures. Furthermore, if there are no known relatives of the deceased, the estate’s assets will pass to the state.
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