{"data":{"id":"us-mn/minn.-stat.-524.2-202","jurisdiction":"us-mn","citation":"Minn. Stat. § 524.2-202","heading":"ELECTIVE SHARE.","body":"(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:\nIf the decedent and the spouse were married to each other:\tThe elective-share percentage is:\nLess than one year\tSupplemental amount only\nOne year but less than two years\tThree percent of the augmented estate\nTwo years but less than three years\tSix percent of the augmented estate\nThree years but less than four years\tNine percent of the augmented estate\nFour years but less than five years\t12 percent of the augmented estate\nFive years but less than six years\t15 percent of the augmented estate\nSix years but less than seven years\t18 percent of the augmented estate\nSeven years but less than eight years\t21 percent of the augmented estate\nEight years but less than nine years\t24 percent of the augmented estate\nNine years but less than ten years\t27 percent of the augmented estate\nTen years but less than 11 years\t30 percent of the augmented estate\n11 years but less than 12 years\t34 percent of the augmented estate\n12 years but less than 13 years\t38 percent of the augmented estate\n13 years but less than 14 years\t42 percent of the augmented estate\n14 years but less than 15 years\t46 percent of the augmented estate\n15 years or more\t50 percent of the augmented estate\n(b) Supplemental elective-share amount. If the sum of the amounts described in sections 524.2-207, 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 section 524.2-209, 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 section 524.2-209, paragraphs (b) and (c).\n(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 sections 524.2-402, 524.2-403 and 524.2-404, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.\n(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.","path":["PROBATE; PROPERTY; ESTATES; GUARDIANSHIPS; ANATOMICAL GIFTS","CHAPTER 524. UNIFORM PROBATE CODE","Article 2 INTESTATE SUCCESSION AND WILLS","Part 2 ELECTIVE SHARE OF SURVIVING SPOUSE"],"source_url":"https://www.revisor.mn.gov/statutes/cite/524.2-202","current_through":"2025 Minnesota Statutes","vintage":"","retrieved_at":"2026-09-02T22:10:49Z","sha256":"32cc47ee992cff428c886b47f408227d07cc3762b79e2d1fd0b351f46003546c","source_id":"us-mn","stale":false,"prev":"us-mn/minn.-stat.-524.2-201","next":"us-mn/minn.-stat.-524.2-203"},"notice":"GroundRules: Original legal text. Not legal advice."}