MN risk area
Complexity triggers in Minnesota
Scenarios that increase estate risk, such as blended families or multi-state property.
Minnesota uses an augmented-estate elective share tied to marriage length and provides a family allowance that has priority over claims.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may elect a percentage of the augmented estate based on the length of the marriage.
- The family allowance for a surviving spouse or minor children has priority over claims and is not charged against an elective share.
Questions to consider
Questions this risk area helps you evaluate in Minnesota
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Minnesota uses an augmented-estate elective share tied to marriage length and provides a family allowance that has priority over claims.
- A surviving spouse may elect a percentage of the augmented estate based on the length of the marriage.
- The family allowance for a surviving spouse or minor children has priority over claims and is not charged against an elective share.
Sources
- https://www.revisor.mn.gov/statutes/cite/524.2-202
- https://www.revisor.mn.gov/statutes/cite/524.2-404
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Minnesota.