Who Gets Grandma's Yellow Pie Plate? Workbook (A Guide to Passing on Personal Possessions)

If You Do Nothing: One Example of Intestate Succession

When a person dies without a will, decisions about who gets what are usually governed by state inheritance law. Family members may be surprised or upset when they find that these decisions are outside of their control. If you live in Minnesota, for example, you may or may not be aware of the following details of state inheritance law:

• The surviving spouse inherits all when there are no children.

• If the living children are all children of both spouses, the surviving spouse inherits all.

• When the deceased has children with a previous spouse, the current spouse will share the estate with step-children.

• Without a surviving spouse, all children divide the estate equally.

• Without a spouse or children, grandchildren or other heirs are sought.

Decisions legally rest with the property owner while alive.

Produced by Communication and Educational Technology Services, University of Minnesota Extension.

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