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Minnesota
Statutes 1998, Table of Chapters
Table of contents for Chapter 524
524.2-101 Intestate estate.
(a) Any part of a decedent's estate not effectively disposed of by will passes by
intestate succession to the decedent's heirs as prescribed in this chapter, except as
modified by the decedent's will.
(b) A decedent by will may expressly exclude or limit the right of an individual or class
to succeed to property of the decedent passing by intestate succession. If that individual
or a member of that class survives the decedent, the share of the decedent's intestate
estate to which that individual or class would have succeeded passes as if that individual
or each member of that class had disclaimed an intestate share.
HIST: 1985 c 250 s 1; 1994 c 472 s 2
524.2-102 Share of the spouse.
The intestate share of a decedent's surviving spouse is:
(1) the entire intestate estate if:
(i) no descendant of the decedent survives the decedent; or
(ii) all of the decedent's surviving descendants are also descendants of the surviving
spouse and there is no other descendant of the surviving spouse who survives the decedent;
(2) the first $150,000, plus one-half of any balance of the intestate estate, if all of
the decedent's surviving descendants are also descendants of the surviving spouse and the
surviving spouse has one or more surviving descendants who are not descendants of the
decedent, or if one or more of the decedent's surviving descendants are not descendants of
the surviving spouse.
HIST: 1985 c 250 s 2; 1994 c 472 s 3
524.2-103 Share of heirs other than surviving spouse.
Any part of the intestate estate not passing to the decedent's surviving spouse under
section 524.2-102, or the entire intestate estate if there is no surviving spouse, passes
in the following order to the individuals designated below who survive the decedent:
(1) to the decedent's descendants by representation;
(2) if there is no surviving descendant, to the decedent's parents equally if both
survive, or to the surviving parent;
(3) if there is no surviving descendant or parent, to the descendants of the decedent's
parents or either of them by representation;
(4) if there is no surviving descendant, parent, or descendant of a parent, but the
decedent is survived by one or more grandparents or descendants of grandparents, half of
the estate passes to the decedent's paternal grandparents equally if both survive, or to
the surviving paternal grandparent, or to the descendants of the decedent's paternal
grandparents or
either of them if both are deceased, the descendants taking by representation; and the
other half passes to the decedent's maternal relatives in the same manner; but if there is
no surviving grandparent or descendant of a grandparent on either the paternal or the
maternal side, the entire estate passes to the decedent's relatives on the other side in
the same manner as
the half;
(5) if there is no surviving descendant, parent, descendant of a parent, grandparent, or
descendant of a grandparent, to the next of kin in equal degree, except that when there
are two or more collateral kindred in equal degree claiming through different ancestors,
those who claim through the nearest ancestor shall take to the exclusion of those claiming
through
an ancestor more remote.
HIST: 1985 c 250 s 3; 1994 c 472 s 4
Copyright 1998 by the Office of Revisor of Statutes, State of Minnesota.
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