Most people know they should have a will. Far fewer understand what actually happens if they don’t.
If you die without a will in Minnesota, you are considered to have died “intestate.” That means state law — not you — determines who receives your assets, who manages your estate, and in some cases, who cares for your children.
For some families, the result may be close to what you would have wanted. For others, it can create confusion, delays, and outcomes that don’t reflect your intentions.
Who Gets Your Assets Without a Will in Minnesota?
Minnesota law sets out a default system for distributing assets when there is no will.
In general:
- A spouse typically inherits everything if there are no children or only shared children
- If there are children from another relationship, the estate is divided between the spouse and those children
- If there is no spouse, assets pass to children
- If there are no children, the law looks to parents, siblings, or other relatives
These rules can work reasonably well in simple situations. But they don’t account for family dynamics, personal relationships, or what you might consider fair.
What Happens to Your Property and Accounts?
Not all assets are handled the same way.
Some assets pass automatically to a named beneficiary, such as life insurance policies, retirement accounts, or certain bank accounts. Jointly owned property may also transfer directly to the surviving owner.
Other assets — including real estate held in your name alone, accounts without a beneficiary, personal property, and business interests — typically go through probate and are distributed according to Minnesota law.
Who Handles the Estate?
When there is no will, the court appoints a personal representative to manage the estate.
This person is responsible for handling the legal and financial steps required to settle the estate, including:
- Identifying and valuing assets
- Notifying creditors
- Paying debts and taxes
- Distributing what remains to heirs
Because there is no will naming this person, the court makes that decision — and it may not be who you would have chosen.
What If You Have Minor Children?
This is one of the most important issues to consider.
Without a will, you don’t get to name a guardian for your children. That decision is left to the court, which will determine what it believes is in the child’s best interests.
While the court will consider family members, the outcome may not align with your preferences. A simple will allows you to make that decision yourself.
Does Probate Still Apply?
Yes — and in many cases, it becomes more involved.
Without a will, there is no clear set of instructions guiding the process. The court may need to take a more active role, and determining heirs can take additional time. Even straightforward estates in Minnesota typically take several months to resolve, and more complex situations can take longer.
Why Having a Will Makes a Difference
A will allows you to make these decisions in advance.
It gives you control over who receives your assets, who manages your estate, and who would care for your children if something happens to you. It can also make the probate process more straightforward and reduce the likelihood of disputes.
It doesn’t need to be complicated — but it does need to be done correctly.
Let’s Talk About Your Estate Plan
If you’re not sure what would happen to your assets under Minnesota law, it’s worth taking the time to find out.
At Klemp & Stanton, we help individuals and families put clear, practical estate plans in place that reflect their wishes and avoid unnecessary complications down the road.
Our initial consultation is free and comes with no obligation. We’ll walk you through your options and help you determine what makes sense for your situation. Contact us today.
Frequently Asked Questions
What is intestacy in Minnesota?
Intestacy means dying without a valid will. In that case, Minnesota law determines how your assets are distributed.
Does my spouse inherit everything if I don’t have a will?
Not always. If you have children from another relationship, your spouse may share the estate with those children.
Can the court choose a guardian for my children?
Yes. Without a will naming a guardian, the court makes that decision based on what it believes is in the child’s best interests.
Do all assets go through probate?
No. Assets with designated beneficiaries or joint ownership often pass outside of probate, while others may still go through the court process.
Is probate more complicated without a will?
It can be. Without clear instructions, the process may take longer and involve more court oversight.