Probate & Trust Law Section Conference Manual ... - Minnesota CLE

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The statutory notes define the augmented estate to mean the
estate reduced by funeral and administration expenses, the homestead, family
allowances and exemptions, liens, mortgages, and enforceable claims, to which
is added a whole host of purported transfers by the decedent. Minn. Stat.
§524.2-203 indicates that the value of the augmented estate consists of the sum
of the values of all property, whether real or personal, moveable or immovable,
tangible or intangible, wherever situated, that constitute the decedent’s net
probate estate, the decedent’s non-probate transfers to others, the decedent’s
non-probate transfers to the surviving spouse, and the surviving spouse’s
property and non-probate transfers to others.
4. THE ELECTIVE SHARE
The statute recognizes the spouse’s right to elective share of the assets of a decedent
who dies domiciled in Minnesota. The surviving spouse’s elective share percentages are broken
down in the following schedule according to the amount of time the couples were married to
each other:
If the decedent and spouse
were married to each other
for:
_______________________
Less than one yr
One but less than two yrs
Two but less than three yrs
Three but less than four yrs
Four but less than five yrs
Five but less than six yrs
Then elective share
percentage is:
__________________
Supplemental amount only
3% of augmented estate
6% of augmented estate
9% of augmented estate
12% of augmented estate
15% of augmented estate
11 Minn. Stat. § 524.2-202(a).
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