Can You Disinherit a Spouse in Minnesota?

Current as of 2026

Short answer

Usually, no—not completely. A Minnesota will can leave a spouse little or nothing, but a surviving spouse may have legal rights that override the will. Most importantly, a surviving spouse may be able to claim an elective share of the couple’s augmented estate. The percentage generally depends on the length of the marriage and can reach 50% after 15 years of marriage. Minn. Stat. § 524.2-202

That does not mean every surviving spouse receives the same amount or that a will is irrelevant. It means that disinheritance is not simply a matter of writing, “I leave nothing to my spouse.”

Questions about a will, blended-family plan, or marital agreement? Call Lauren Pevehouse Law at 651-800-1030 or email lauren@laurenpevehouselaw.com to discuss Minnesota estate-planning options.

What is the elective share?

The elective share is a statutory protection for a surviving spouse. If the deceased spouse was domiciled in Minnesota, the survivor may elect a percentage of the augmented estate rather than accept the will’s distribution.

The percentage is tied to the duration of the marriage:

Minnesota also provides a supplemental elective-share amount when specified amounts available to the surviving spouse are below $75,000. Minn. Stat. § 524.2-202

A will is not the whole picture

The elective share is calculated from an augmented estate, not just the assets passing through probate. Depending on the governing statutory rules, it can include the deceased spouse’s probate estate, certain nonprobate transfers, transfers to the surviving spouse, and certain property and transfers of the surviving spouse. Minn. Stat. § 524.2-203

This is why simply changing beneficiary designations or moving property outside a will may not, by itself, eliminate a surviving spouse’s potential claim.

Other surviving-spouse protections

A surviving spouse may also have rights involving the homestead, exempt property, and a family allowance. For example, Minnesota’s exempt-property statute gives a surviving spouse rights to up to $15,000 in certain household items and personal effects, plus one automobile, subject to the statutory conditions. These rights are generally in addition to benefits under a will, intestate succession, or the elective share unless the law provides otherwise. Minn. Stat. § 524.2-403

When might a spouse receive less—or no—inheritance?

A valid premarital or postmarital agreement may change the result. Under Minnesota law, a spouse may wholly or partly waive the right to elect, as well as rights to the homestead, exempt property, and family allowance, through a written agreement or waiver signed after fair disclosure. A waiver made before marriage must comply with Minnesota’s antenuptial-agreement statute. Minn. Stat. § 524.2-213

Whether a particular agreement is effective depends on its language, timing, disclosure, execution, and the circumstances surrounding it. Do not assume that a generic “all rights” provision resolves every estate-planning issue.

A will made before marriage is a separate issue

If a person marries after signing a will, Minnesota law may give the surviving spouse a share equal in value to what the spouse would have received through intestate succession. There are important exceptions, including a valid premarital or postmarital agreement, evidence that the omission was intentional, a gift or trust benefit for the spouse, or a transfer outside the will intended to replace a testamentary gift. Minn. Stat. § 524.2-301

What should a surviving spouse do after a death?

Deadlines matter. An elective-share claim is generally made by filing a petition with the court and providing it to the personal representative within nine months after death or six months after probate of the will, whichever deadline expires later. The statute also addresses possible extensions and the consequences of delay for nonprobate transfers. Minn. Stat. § 524.2-211

A surviving spouse who believes a will leaves them out should seek individualized legal advice promptly. This article is general information, not advice about a particular estate, marriage, agreement, or deadline.

Estate-planning takeaways for Minnesota families

Trying to disinherit a spouse can create expense, delay, and conflict—especially in second marriages and blended families. A more durable plan may require coordinated documents and beneficiary designations, including:

·       A will and, when appropriate, a revocable trust;

·       A review of retirement accounts, life insurance, and payable-on-death designations;

·       Clear planning for children from prior relationships;

·       A carefully prepared premarital or postmarital agreement when appropriate; and

·       Regular updates after marriage, divorce, a death in the family, or a major change in assets.

A plan should be designed around the family’s goals and Minnesota’s protections for surviving spouses—not around an assumption that a will alone settles the issue.

Frequently asked questions

Can I leave everything to my children and nothing to my spouse?

You can state that intention in a will, but your surviving spouse may still have statutory rights, including the right to seek an elective share. The result depends on the marriage length, the augmented estate, any agreement waiving rights, and other facts.

Does putting assets in a trust prevent my spouse from claiming a share?

Not necessarily. Minnesota’s augmented-estate rules can reach more than probate assets. Trust planning and beneficiary designations should be reviewed as part of the entire plan. Minn. Stat. § 524.2-203

Can a prenup waive inheritance rights in Minnesota?

It may. A premarital agreement can address estate rights, but enforceability depends on Minnesota law and the specific agreement. A waiver before marriage must comply with the law governing antenuptial agreements; a postmarital waiver must be in writing, signed after fair disclosure. Minn. Stat. § 524.2-213

What if I made my will before I married?

A later spouse may be entitled to a statutory share unless an exception applies. Review and update estate-planning documents promptly after marriage. Minn. Stat. § 524.2-301

How long does a surviving spouse have to make an elective-share claim?

Generally, the deadline is nine months after death or six months after probate of the will, whichever occurs later. Because the procedure and extension rules are important, the survivor should obtain legal advice right away. Minn. Stat. § 524.2-211

Talk with a Minnesota estate-planning attorney

If you are remarrying, planning for a blended family, concerned about protecting children from a prior relationship, or responding to the death of a spouse, Lauren Pevehouse Law can help you understand your options under Minnesota law.

Schedule a consultation: Call 651-800-1030 or email lauren@laurenpevehouselaw.com.