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Spousal Elective Share Law in Minnesota

In Minnesota, the elective share is a percentage of the augmented estate that grows with the length of the marriage, from 3% after one year to 50% after 15 years, and the petition is due within 9 months after death or 6 months after probate, whichever is later.

Last checked . General information, not legal advice.

Minnesota at a glance

Elective share
3% to 50% of augmented estate, by length of marriage
Under one year of marriage only a supplemental amount applies; 15 years or more gives 50%. A supplemental amount brings the total up to $75,000.
Deadline to elect
9 months after death or 6 months after will probate, if later
The court can extend the time if the spouse petitions within 9 months after death.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Minnesota

How much can a surviving spouse claim in Minnesota if left out of the will?

Elective share in Minnesota: 3% to 50% of augmented estate, by length of marriage. Under one year of marriage only a supplemental amount applies; 15 years or more gives 50%. A supplemental amount brings the total up to $75,000.

What is the deadline to claim the elective share in Minnesota?

Deadline to elect in Minnesota: 9 months after death or 6 months after will probate, if later. The court can extend the time if the spouse petitions within 9 months after death.

Is Minnesota a community property state?

No. Community property state in Minnesota: no. Not on the IRS list of community property states.

Where do the Minnesota spousal elective share laws come from?

The rules above come from Minn. Stat. 524.2-202 and Minn. Stat. 524.2-211. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.