What Happens When Someone Dies in Minnesota? A Guide to Wills, Trusts, and Intestacy

Losing a loved one is never easy. In the midst of grief, there’s often uncertainty about what happens next—especially when it comes to managing the person’s affairs. Whether your loved one had a will, a trust, or no estate plan at all, Minnesota law provides a framework for how their assets are distributed.

Here’s what you need to know.

If the Person Had a Will

A will, also known as a Last Will and Testament, is a legal document that outlines how someone wants their assets to be distributed after death. In Minnesota, a will must go through probate when enough assets are left in the person's name with no listed beneficiary. Probate is a public, court-supervised process where:

• The will is validated.
• A personal representative (executor) is appointed to manage the estate.
• Creditors are notified and debts and taxes are paid.
• Remaining assets are distributed to the named beneficiaries.

Probate in Minnesota can be informal, formal, or supervised, depending on the complexity of the estate. If the will is straightforward and uncontested, informal probate is often sufficient and can be managed without a court hearing.

Significantly, a will only governs assets with no designated beneficiary. Assets with a beneficiary will generally transfer to that beneficiary, even if the designation is outdated or in conflict with the will.

If the Person Did Not Have a Will

When someone dies without a will, they are said to have died intestate. In this case, Minnesota’s intestacy laws determine who inherits the estate. Generally:

• If the person was married, the spouse inherits most of the estate—but not always. Significantly, they share ownership of the home with the children whether its a blended family or not.
• If there are children from another relationship, assets may be divided between the spouse and those children.
• If there’s no spouse or children, the estate goes to other relatives in a set order: parents, siblings, nieces/nephews, etc.

The court will appoint a personal representative (often a close family member) to manage the estate through probate.

If the Person Had a Trust

A revocable living trust is a powerful estate planning tool that can help avoid probate altogether. If assets were properly transferred into the trust during the person’s lifetime or properly lists the trust as the beneficiary, the successor trustee steps in to:

• Manage the trust assets.
• Pay debts and taxes.
• Distribute property according to the trust terms.

No court involvement is typically needed, and the process is usually quicker and more private than probate.

Final Thoughts

Whether your loved one had a will, trust, or no plan at all, Minnesota has clear legal processes in place to ensure their estate is handled properly. However, each case is unique, and professional guidance can ease the burden during a difficult time.

Need help navigating probate or settling a trust in Minnesota?

Connect with a local estate planning attorney to get the answers you need. We've been helping Minnesota families settle loved one's estates for over 50 years; we would be honored to assist you.

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