Are there any restrictions on how an intestate succession can be challenged?

In Minnesota, there are some restrictions on how an intestate succession can be challenged. Intestate succession is the process of distributing an estate where there is no will or other legal document to dictate how the estate will be divided. First, a challenge to intestate succession must be brought in the district court of the county in which the deceased was domiciled at the time of his or her death. The challenge must be made by an interested party, typically a relative of the deceased or another person who could have been named as a beneficiary in a will or other legal document. Second, any challenge to an intestate succession must be raised within two years of the decedent’s death. If the challenge is not made within two years, then it is assumed that the distribution of the estate as determined by the intestate succession laws is acceptable. Third, if the challenge is to the validity of the actual succession itself, then the challenger must prove that the succession is invalid. The burden of proof in such cases is on the challenger, and the court will need to hear sufficient evidence to convince it that the succession is invalid. Lastly, if the challenge is to the distribution of the estate based on the intestate succession laws, then the challenger must prove that the distribution is inequitable or not in accordance with the decedent’s wishes. Again, the burden of proof is on the challenger and the court will need to hear evidence to support the challenge.

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Are there any restrictions on how an intestate succession can be challenged?

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