Does a surviving spouse have any special rights to an intestate estate?

Yes, a surviving spouse does have special rights to an intestate estate in Minnesota. Under Minnesota intestate succession law, if an individual dies without a will, their surviving spouse is entitled to the first $300,000 of the deceased individual’s estate, or one-half of the estate’s value if its total value is less than $300,000. This right is in addition to the surviving spouse’s portion of any other property, such as jointly-owned real estate or bank accounts. In addition to the above, the surviving spouse is also entitled to a life estate in the deceased’s homestead (or primary residence) if the deceased owned it and it was their homestead at the time of their death. This means that the surviving spouse can live in the home for the remainder of their lifetime, or until they choose to move out. Lastly, the surviving spouse also has the right to take ownership of the personal property of the deceased, unless the deceased expressed a desire in their will or elsewhere that the property should be divided among other heirs. By understanding these special rights, surviving spouses in Minnesota can better prepare for the estate planning process and ensure that their rights are respected when the time comes.

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Does a surviving spouse have any special rights to an intestate estate?

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