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

Six, but less than seven yrs
Seven but less than eight yrs
Eight but less than nine yrs
Nine, but less than ten yrs
Ten but less than eleven yrs
Eleven but less than twelve yrs
Twelve but less than thirteen yrs
Thirteen but less than fourteen
Fourteen but less than fifteen
Fifteen or more years
18% of augmented estate
21% of augmented estate
24% of augmented estate
27% of augmented estate
30% of augmented estate
34% of augmented estate
38% of augmented estate
42% of augmented estate
46% of augmented estate
50% of augmented estate
Note: The calculation is the augmented estate as defined in Minn. Stat. §524.2-202 which
includes different categories of property, including property transferred by the decedent within 2
years of the date of death. See Minn. Stat. §524.2-202 (1) (iv).
Note: The surviving spouse is entitled to no less than $50,000 in supplemental share. 12
5. PRACTICAL CONSIDERATIONS
As you consider whether your client should elect against the Will of a deceased spouse,
keep in mind that the surviving spouse is already endowed with other statutory rights which are
not taken into consideration when calculating the elective share amount. In other words, the
surviving spouse receives these statutorily exempt properties in addition to the elective share
amount. The exempt properties are:
(a) Homestead – Minn. Stat. 524.2-402. Surviving spouse gets all if decedent has no
surviving descendants. If there are surviving descendants, surviving spouse gets a
life estate with remainder to descendants of decedent by representation.
12 Minn. Stat. § 524.2-202(b)
6