524.2-101 INTESTATE ESTATE. (a) The intestate estate of the decedent consists of any part of the decedent’s estate not allowed to the decedent’s spouse or descendants under sections 524.2-402, 524.2-403, and 524.2-404, and not disposed of by will. The intestate estate passes by intestate succession to the decedent’s heirs as prescribed in this chapter, except […]
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 […]
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 […]
524.2-104 REQUIREMENT THAT HEIR SURVIVE DECEDENT FOR 120 HOURS. An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead, exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If it is not established that an individual who would otherwise be […]
524.2-105 NO TAKER. If there is no taker under the provisions of this article, the intestate estate passes to the state. History: 1985 c 250 s 5; 1994 c 472 s 6
524.2-106 REPRESENTATION. (a) Application. If representation is called for by this article, paragraphs (b) and (c) apply. (b) Decedent’s descendants. In the case of descendants of the decedent, the estate is divided into as many shares as there are surviving children of the decedent and deceased children who left descendants who survive the decedent, each […]
524.2-107 DEGREE OF KINDRED AND KINDRED OF HALF BLOOD. The degree of kindred shall be computed according to the rules of the civil law. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. History: 1985 c 250 s 7
524.2-108 AFTER-BORN HEIRS. An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth. History: 1985 c 250 s 8; 1986 c 444; 1994 c 472 s 8
524.2-109 ADVANCEMENTS. (a) If an individual dies intestate as to all or a portion of an estate, property the decedent gave during the decedent’s lifetime to an individual who, at the decedent’s death, is an heir is treated as an advancement against the heir’s intestate share only if: (i) the decedent declared in a contemporaneous […]
524.2-110 DEBTS TO DECEDENT. A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s descendants. History: 1975 c 347 s 22; 1986 c […]
524.2-111 ALIENAGE. No individual is disqualified to take as an heir because the individual or another through whom the individual claims is or has been an alien. History: 1985 c 250 s 10; 1994 c 472 s 11
524.2-113 INDIVIDUALS RELATED TO DECEDENT THROUGH TWO LINES. An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share. History: 1985 c 250 s 12; 1994 c 472 s 12
524.2-114 PARENT BARRED FROM INHERITING IN CERTAIN CIRCUMSTANCES. (a) A parent is barred from inheriting from or through a child of the parent if: (1) the parent’s parental rights were terminated and the parent-child relationship was not judicially reestablished; or (2) the child died before reaching 18 years of age and there is clear and […]
524.2-116 EFFECT OF PARENT-CHILD RELATIONSHIP. Except as otherwise provided in section 524.2-119, subdivisions 2 to 5, if a parent-child relationship exists or is established under this part, the parent is a parent of the child and the child is a child of the parent for the purpose of intestate succession. History: 2010 c 334 s […]
524.2-117 PARENT-CHILD RELATIONSHIP WITH GENETIC PARENTS. Except as otherwise provided in section 524.2-114, 524.2-119, or 524.2-120, a parent-child relationship exists between a child and the child’s genetic parents, regardless of the parents’ marital status. History: 2010 c 334 s 8
524.2-118 ADOPTEE AND ADOPTEE’S ADOPTIVE PARENT OR PARENTS. Subdivision 1. Parent-child relationship between adoptee and adoptive parent or parents. A parent-child relationship exists between an adoptee and the adoptee’s adoptive parent or parents. Subd. 2. Individual in process of being adopted by married couple; stepchild in process of being adopted by stepparent. For purposes of […]
524.2-119 ADOPTEE AND ADOPTEE’S GENETIC PARENTS. Subdivision 1. Parent-child relationship between adoptee and genetic parents. Except as otherwise provided in subdivisions 2 to 5, unless otherwise decreed, a parent-child relationship does not exist between an adoptee and the adoptee’s genetic parents. Subd. 2. Stepchild adopted by stepparent. A parent-child relationship exists between an individual who […]
524.2-120 CHILD CONCEIVED BY ASSISTED REPRODUCTION. Subdivision 1. Third-party donor. A parent-child relationship does not exist between a child of assisted reproduction and a third-party donor. Subd. 2. Parent-child relationship with birth mother. A parent-child relationship exists between a child of assisted reproduction and the child’s birth mother. Subd. 3. Parent-child relationship with husband whose […]
524.2-121 NO EFFECT ON GESTATIONAL AGREEMENTS. This chapter does not affect law of this state regarding gestational agreements. History: 2010 c 334 s 12
524.2-122 NO EFFECT ON EQUITABLE ADOPTION. This chapter does not affect the doctrine of equitable adoption. History: 2010 c 334 s 13
