Is there a limit to the amount a surviving spouse can receive from the estate?

In Minnesota, a surviving spouse can receive the full amount of the estate when the decedent left no surviving children, parents, or siblings. However, if the decedent did have surviving children, parents, or siblings, the spouse will only be able to receive a portion of the estate. For example, if the decedent left behind a surviving child, the spouse could receive up to one-half of the estate, and if the decedent left behind two surviving children, the spouse could receive up to one- third of the estate. In addition, if the decedent left behind surviving parents or siblings, the spouse can receive up to $200,000 of the estate, or one-half of the estate, whichever is greater. If the estate is worth less than the $200,000 limit, then the spouse will receive the full amount. It is important to note that if the decedent left behind a will, the spouse’s share of the estate will be determined according to the terms of the will. Thus, the spouse may receive any amount specified in the will, even if it is above the statutory limits. In summary, the amount a surviving spouse can receive from the estate in Minnesota is determined by the size of the estate and the relationships of the decedent to any surviving heirs. In general, the spouse can receive up to one-half of the estate if there is a surviving child, or up to $200,000 or one-half of the estate, whichever is greater, if there are surviving parents or siblings. However, the surviving spouse may receive any amount specified in the decedent’s will.

Is there a limit to the amount a surviving spouse can receive from the estate?

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