Minnesota § 524.2-202 524.2-202 ELECTIVE SHARE.

Minnesota Statutes

§ 524.2-202 — 524.2-202 ELECTIVE SHARE.

Minnesota § 524.2-202

PartPROBATE; PROPERTY; ESTATES; GUARDIANSHIPS; ANATOMICAL GIFTS

Ch. 524UNIFORM PROBATE CODE

This text of Minnesota § 524.2-202 (524.2-202 ELECTIVE SHARE.) is published on Counsel Stack Legal Research, covering Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minn. Stat. § 524.2-202 (2026).

Text

(a)Elective share amount.The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to the value of the elective-share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule:

(b)Supplemental elective-share amount.If the sum of the amounts described in sections524.2-207,524.2-209, paragraph (a), clause (1), and that part of the elective-share amount payable from the decedent's probate estate and nonprobate transfers to others under section524.2-209, paragraphs (b) and (c), is less than $75,000, the surviving spouse is entitled to a supplemental electiv

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(a)Elective share amount.The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to the value of the elective-share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule:
(b)Supplemental elective-share amount.If the sum of the amounts described in sections524.2-207,524.2-209, paragraph (a), clause (1), and that part of the elective-share amount payable from the decedent's probate estate and nonprobate transfers to others under section524.2-209, paragraphs (b) and (c), is less than $75,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $75,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in section524.2-209, paragraphs (b) and (c).
(c)Effect of election on statutory benefits.If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead rights and other allowances under sections524.2-402,524.2-403and524.2-404, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.
(d)Nondomiciliary.The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent's domicile at death.