Insolvent Probate Estate Claim-Payment Priority in Minnesota

Short answer Minnesota § 524.3-805 has seven claim classes, from administration and funeral through federal preference, last-illness care, recent care, state preference and taxes, and other claims. Family allowance and exempt property have separate priority over claims, with an adult-child exception for exempt property. Same-class claims generally share rank, with a narrow statutory order among certain last-illness public-care recoveries.
State
Minnesota
Statute checked
October 5, 2026
Sources
4 statutes

At a glance

Statutory payment order§ 524.3-805(a) orders seven classes if applicable assets cannot cover all claims.
Administration costsCosts and expenses of administration class 1 (§ 524.3-805(a)(1)).
Funeral and last illnessReasonable funeral class 2; necessary last-illness medical, hospital, nursing-home and related public-care claims class 4; care in year before death class 5 (§ 524.3-805(a)(2),(4),(5)).
Family and homestead allowancesFamily allowance has priority over all claims (§ 524.2-404(d)); exempt property likewise has priority, but deficiency assets yield to family allowance and adult children have listed claim-priority exceptions (§ 524.2-403(d),(f)).
Taxes and public claimsFederal-law-preference debts and taxes class 3; state-law-preference debts and state taxes class 6. Public-care recoveries appear in class 4 with a narrow internal ordering (§ 524.3-805(a),(b)).
Secured claimsFull allowed-claim payment if security is surrendered; otherwise subtract fair value of exhausted security or determined value of unexhausted security (§ 524.3-809).
Support and special debtsThe class list names no separate support or wage class; it specifically includes alternative-care and other medical-assistance recoveries in last-illness class 4 (§ 524.3-805(a)).
General claimsAll other claims class 7 (§ 524.3-805(a)(7)).
Underfunded classNo general preference within a class or for claims already due; § 524.3-805(b) gives alternative-care recoveries priority over state-hospital and other medical-assistance claims, then state-hospital care over other medical-assistance recoveries, in the specified last-illness-only case.

Requirements one by one

Seven claim classes

Under § 524.3-805(a), administration costs take the first class, funeral expenses second, and debts and taxes with federal-law preference third. Last-illness medical, hospital, and nursing-home costs occupy class four along with the named public-care recoveries. Reasonable care expenses from the year before death are class five. State-law-preference debts and state taxes are sixth; other claims are seventh.

Family benefits and secured claims

Under § 524.2-404(d), the family allowance has priority over all claims. Under § 524.2-403(d), exempt property has priority over claims but property filling an exempt-property shortfall yields as needed to pay the family allowance. Its adult-child rule, § 524.2-403(f), places the listed public-care recoveries and first three § 524.3-805 claim classes ahead of exempt-property rights granted to adult children.

Under § 524.3-809, surrendering security permits payment on the full allowed claim. Otherwise the payable amount reflects a deduction for the fair value realized from security, or the security's determined value if not exhausted.

Same-class treatment

Under § 524.3-805(b), Minnesota generally prohibits preference among same-class claims or for claims already due. It also sets a specific ordering if last-illness expenses consist only of the specified alternative-care, state-hospital, and other medical-assistance recoveries: alternative care precedes the other two, and state-hospital care precedes other medical assistance.

What trips people up

Last-illness care and care in the year before death occupy different classes. The special internal order for public-care recoveries is limited to the condition stated in § 524.3-805(b); it is not the general rule for every class-four claim.

Common questions

Does an ordinary unsecured claim share the state's tax class? No. Under § 524.3-805(a), state-preference claims and state taxes are class six, and other claims are class seven.

Does having a lien mean the creditor receives the full claim from other estate assets? Under § 524.3-809, surrender of security permits payment on the full allowed amount; otherwise the statutory security-value deduction applies.

Statutes and sources

  • Minn. Stat. §§ 524.2-403, 524.2-404, 524.3-805, and 524.3-809. Verbatim current official text, URLs, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Minn. Stat. § 524.3-805 · accessed 2026-10-05
Minn. Stat. § 524.2-403 · accessed 2026-10-05
Minn. Stat. § 524.2-404 · accessed 2026-10-05
Minn. Stat. § 524.3-809 · accessed 2026-10-05
This page summarizes statutory probate payment priorities, not advice about a specific estate or claim. Claim validity, federal law, liens, and court orders can change the result. Check current official law and consult a licensed adviser before acting.

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