Is the surviving spouse always the first to inherit from an intestate estate?

In Minnesota, the answer to whether a surviving spouse always inherits first from an intestate estate depends on the circumstances. Under Minnesota intestate succession law, if the deceased was not survived by any children, parents or siblings, then his or her surviving spouse will be the sole beneficiary and will inherit the entire estate. If the deceased had children, stepchildren, parents or siblings, the surviving spouse is entitled to the entire estate if no one else survives the deceased or if the deceased’s descendants are also the descendants of the surviving spouse. Otherwise, the surviving spouse will receive part of the estate, up to one-half if the deceased had one child, and up to one-third if the deceased had more than one child. However, the surviving spouse may still receive less than these amounts. For instance, if the deceased had parents and a child, then the surviving spouse will receive one-third of the estate, unless the parents waive their portion and the surviving spouse is given two-thirds of the estate instead. Regardless of the circumstances, though, the surviving spouse is always given preference in inheriting from an intestate estate. The spouse is always the first to inherit, even if the deceased had other surviving relatives.

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Is the surviving spouse always the first to inherit from an intestate estate?

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