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Wills
Wills in St. Cloud, Minnesota
Issues with Dying Without a Will:
If you die without a will in St. Cloud, your family will have to consult Minnesota state statutes to find out who your heirs are and what they will inherit. If you do not make a will, you give up your right to choose your beneficiaries, make gifts to friends and charities, name your personal representative, and nominate a guardian for your minor children. Without a will, federal and Minnesota state death taxes might be larger. And probate expenses in Stearns and Benton counties will be higher if you do not have a will.
All About Probate In Minnesota
Probate is a Minnesota court proceeding to administer the estate of a deceased person, whether that person died with a will or without one. Probate will distribute your estate according to your wishes if you have a will, or according to Minnesota law if you do not. Probate will also make sure that your estate pays your creditors and estate taxes.
If a person dies with a will, the beneficiaries bring it to probate court. The probate courts near St. Cloud include Stearns County probate court and Benton County probate court. If the person dies without a will, the heirs come to probate court with a list of the decedent’s assets. (Heirs are people who inherit from an estate with no will, and beneficiaries are people who inherit from a will.)
Usually, whoever petitions the Minnesota probate court to settle the estate must post a bond to cover any loss to the estate caused by their negligence or bad actions. The executor goes to a local insurance company near St. Cloud, and purchases a bond. The estate, not the personal representative, pays for the bond.
A probate estate includes all property that a Minnesota probate court must administer. But not all property goes through probate. Examples of property that does not go through probate are:
- Property owned jointly with a right of survivorship.
- Life insurance distributions.
- Pension funds.
- Trusts.
- Assets that are “payable on death” or “transferable on death.”
How the State of Minnesota Determines your Heirs
Minnesota probate court without a will, Minnesota Statute 524 will determine who gets your money. The exact outcome varies because everyone has a slightly different situation. The table below shows common situations:
If You Are… | Your Property Will Go… |
Unmarried with no children, parents alive | To your parents. |
Unmarried with no children, parents deceased | To your siblings (if you are an only child, it will go to your other kin: grandparents, uncles, and aunts, etc.) |
Unmarried with children | To your children (by blood or legal adoption—not stepchildren). The court also appoints a guardian for minors. |
Unmarried with no relatives | To the state of Minnesota. |
Married with children (who are all your spouse’s children) | To your spouse. |
Married with children (and either you or your spouse has children whom you do not share) | Your spouse receives the first $225,000, plus one-half of the rest. Your children share the remainder. |
Married with no children | To your spouse. |
It is Important to Specify Guardians:
If you have children under eighteen, and your spouse survives you, you will not need a guardian. But if your spouse is not alive or is not able to care for your minor children, then they will need a guardian. Parents of young children should nominate a guardian in case they die simultaneously.
If you die without a will in Minnesota, the state will choose a guardian. Grandparents and siblings are often the first choices. If they agree on who will be guardian for your children, there should not be problems. But if they do not agree, there could be a custody battle. It is even worse when no family member wants the children.
If there is no one willing or able to take the children, they will become wards of the state and placed in a foster home.
In a will, you can name a primary and alternate guardian to make sure that one of them will serve. Always ask permission before naming someone as a guardian. A guardian does not have to serve just because you nominated them.
Your Estate Administrator:
One reason to have a will is to nominate a personal representative. A personal representative is someone who manages the estate paperwork and distributes property to the heirs or beneficiaries. If you die without a will in Minnesota, the state may appoint a professional to oversee your estate. Your estate will pay this professional for their services before any money goes to your heirs.
What Happens after Divorce and Remarriage if There’s No Will?
Without a will, there may be complications after divorce and remarriage:
When one spouse dies without a will, the surviving spouse may inherit a large asset (like a house) that is shared with the other spouse’s children. This may cause ownership problems. The surviving spouse might have to pay the children rent. Or the heirs may even need to sell the house and divide up the money.
Probate administration in Stearns or Benton County District Courts may be more expensive because the deceased spouse’s children are likely to want close supervision.
Without a clear will, the Minnesota probate court may decide to appoint the deceased spouse’s children’s biological parent as guardian, rather than the deceased spouse’s current spouse.
Without a will, the tax situation may be worse.
In the case of the simultaneous death of both spouses in Minnesota, the stepchildren have no inheritance rights from their stepparents. Making a will allows you to provide for your stepchildren.
Distributing your Property in Your Minnesota Will:
Your will distributes all the following:
- Solely owned property.
- Property you hold as a tenant in common.
- Life insurance, retirement plans, or any similar assets without a named beneficiary.
Ask A Question
Frequently Asked Questions About Wills in Minnesota
What Happens When Beneficiaries Die Before You?
Minnesota law has an anti-lapse statute. This means that if beneficiaries die before you, your beneficiary’s descendants will receive the gift—it will not lapse back into the residuary estate. Minnesota’s anti-lapse statute only applies to your descendants.
What Happens When You No Longer Own What You’ve Willed?
In Minnesota, if you no longer own property specifically named in your will, that specific gift fails, and the intended beneficiary usually receives nothing for that item. The beneficiary does not inherit the cash value of the item unless the will clearly shows otherwise.
What Happens to Your Pets in Minnesota?
If you are married, your spouse will probably continue to take care of your pets. If you die without a will, the judge will decide who gets your pets. With a will, you have more control over what happens.
Always ask someone before naming them as a beneficiary of your pets. It is best to also name an alternate, if your first choice does not work out. It is a good idea to include some money as a gift to the beneficiary for caring for your pet. If you have a large estate, you can even set up a trust and authorize regular payments to the beneficiary to care for your pet.
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