When a loved one passes away, the probate process in Minnesota helps ensure their assets are properly distributed. But what happens when one of the beneficiaries named in a will dies before or during the probate process? This situation can create confusion, and families often need clear guidance on how the law handles it. Understanding Minnesota’s rules can help you make informed decisions and avoid unnecessary delays.

At Holker Law Offices, PLLC, we assist individuals and families across Minnesota in navigating probate matters with confidence and clarity.

What Happens When a Beneficiary Dies Before the Estate Owner?

If a beneficiary dies before the person who created the will (the testator), Minnesota’s anti-lapse statute may apply. This law keeps the inheritance from “lapsing” — or disappearing — if certain conditions are met.

Under the statute, if the deceased beneficiary was a close relative (such as a child, grandchild, or sibling), their share may pass to their own descendants unless the will clearly states otherwise.

If the deceased beneficiary was not a qualifying relative or the will specifies a different outcome, that portion of the estate may instead go to the remaining beneficiaries or follow a different distribution path outlined in the will.

What If a Beneficiary Dies During Probate?

If a beneficiary is alive when the estate owner dies but passes away before receiving their share, their inheritance typically becomes part of their own estate. In this case:

• The personal representative of the deceased beneficiary’s estate receives the inheritance.
• It is then distributed according to that beneficiary’s own will or Minnesota intestacy laws.

This can add an extra layer of probate, making legal guidance especially important.

How Minnesota Intestacy Laws Affect the Outcome

If there is no will, Minnesota’s intestacy laws decide who inherits. When an heir dies after the estate owner, their share generally passes to their estate, not automatically to surviving relatives. This often surprises families who expect the inheritance to flow directly to children or siblings.

What Happens to Jointly Owned Property?

If the deceased beneficiary jointly owned property with rights of survivorship, probate may not be affected. The property typically transfers directly to the surviving owner, bypassing the estate entirely.

How an Attorney Can Help in These Situations

Probate involving a deceased beneficiary can raise complex questions about wills, statutory interpretation, and competing heir rights. An attorney can:

• Interpret will language and identify whether the anti-lapse statute applies
• Determine proper distribution under Minnesota probate law
• Assist with multiple connected probate proceedings
• Guide surviving family members through each required legal step

At Holker Law Offices, PLLC, we help Minnesota families handle these issues with clarity and care.