The Blog of Attorney Boyd K. Johnson
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Forbes has made available an intestacy calculator online. I haven’t tested it enough to determine whether it is accurate. However, it appears to generally give the right answers, though the calculator is rather simplistic. For example, it doesn’t calculate the spousal elective share nor take into account the descent of the homestead, both of which are quite complex under Minnesota law.
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The document that evidences that a person has been appointed by the Court to be the personal representative of an estate is called either the Letters Testamentary or Letters of General Administration. Which document is appropriate depends on whether the decedent died with or without a Will.
Letters of General Administration issue whenever the decedent died intestate (without a Will).
Letters Testamentary issue whenever the decedent died testate (with a Will).
Historically, Letters of General Administration would also issue in a testate situation where the person appointed as the personal representative was not named in the Will. However, Minnesota does not seem to follow this distinction.
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