Are there any restrictions on how an intestate estate can be distributed?

Yes, there are restrictions on how an intestate estate can be distributed in Minnesota. All intestate estates pass through the probate process in Minnesota, which is a legal process that is supervised by a court, in which assets of a deceased person are distributed to the heirs or devisees. The first step in the probate process is to determine who the heirs are. In Minnesota, intestate estates are distributed in the following order: 1. Spouse of the decedent 2. Children of the decedent 3. Parents of the decedent 4. Siblings of the decedent If the decedent had no spouse, children, parents, or siblings, the estate passes to the grandparents of the decedent or their descendants. If the decedent had no relatives as described above, then the assets of the intestate estate will go to the State of Minnesota. In Minnesota, the rights of a surviving spouse are set out in Minnesota Statutes. There are specific rules for how assets will be divided between the surviving spouse and the descendants of the decedent. If the decedent has children, the surviving spouse may be entitled to a share of the intestate estate, depending on the size of the estate and the state statutes in effect at the time of death. In Minnesota, an intestate estate may also be divided according to the wishes of the decedent. The decedent can direct how the assets of the intestate estate are to be divided through a written document called a “Will.” If a Will is not in place, then the intestate estate will be distributed according to the rules of intestate succession in Minnesota.

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