Death & Survivor Benefits

Minnesota State Veterans Cemeteries

Four state cemeteries with no plot or interment fee for a veteran. The 2026 session added Secret War in Laos veterans, admitted remarried surviving spouses, barred anyone convicted of stolen valor, and opened burial to Guard and reserve members from January 2027.

Also called: 197.236, veterans cemetery, Little Falls, Duluth, Preston, Redwood Falls, burial fee, stolen valor, remarried surviving spouse, general discharge.

For: Veteran or service member, spouse, child, survivor.

Where it applies

Written for the jurisdictions listed here.

Minnesota runs four state veterans cemeteries, at Little Falls, Duluth, Preston and Redwood Falls, under section 197.236. They are maintained and operated in accordance with the operational standards and measures of the National Cemetery Administration, and the commissioner must require that upright granite markers supplied by the United States Department of Veterans Affairs be used to mark all gravesites. Eligibility was rebuilt by Laws 2026, chapter 96, section 5, and the new subdivision 8 is a five-clause list. Service members who die on active duty, eligible veterans, and other persons listed in 38 U.S.C. 2402(a), subparagraphs 1 to 4 and 7. Veterans of the Secret War in Laos. From January 1, 2027, members of a reserve component and members of the Army National Guard or Air National Guard who completed at least one full term of service and received an honorable discharge, or whose death occurs while in good standing with their assigned component and was not due to their willful misconduct. Spouses, surviving spouses, minor children and unmarried adult children of a person in the first clause. And from January 1, 2027, the same family members of a Guard or reserve member under the third clause. Three additions in that list are worth calling out. A surviving spouse who remarried is not excluded. The 2026 act added a sentence saying that for purposes of this section a surviving spouse includes a surviving spouse who had a subsequent marriage. Most state cemeteries in this catalog end at remarriage. A general discharge under honorable conditions does not count as an honorable discharge here. The act added that sentence expressly, and it applies to the Guard and reserve route in clause (3). A guardsman with a general discharge is outside the new clause even though a general discharge is good enough for a Minnesota driver's licence veteran designation and good enough for the definition of veteran in section 197.447. And conviction of stolen valor disqualifies. Applicants with convictions under 18 U.S.C. 704 are ineligible, and by January 1, 2027 the commissioner must establish a process to verify that applicants for burial have not been convicted of it. Nothing comparable appeared in the first thirty-eight jurisdictions in this catalog. The definitions the act supplied matter for families. A "minor child" is an unmarried child under 21, or under 23 and pursuing a full-time course of instruction at an approved educational institution. An "unmarried adult child" is an unmarried child who became permanently physically or mentally disabled and incapable of self support before 21, or before 23 while pursuing full-time instruction. Fees. No plot or interment fee may be charged for the burial of service members who die on active duty or of eligible veterans as defined in 38 U.S.C. 2402(a), subparagraphs 1 to 4 and 7. For everyone else on the list the commissioner sets a fee schedule that covers, as nearly as practicable, the actual costs of interment. The 2026 act deleted the words "excluding the value of the plot" from that sentence, so the fee charged to a spouse or child may now reflect the plot as well as the interment. That is a cost increase for families and it is easy to miss. The commissioner may waive or reduce the burial fee for an indigent eligible person and must maintain a policy, eligibility standards and an application form for doing so. Two structural notes. Receipts for burial fees, plot or interment allowance claims and other cemetery receipts go into a dedicated account in the special revenue fund and are appropriated back to the commissioner for cemetery development, operation, maintenance and improvement, and the commissioner must apply for available federal grants. And subdivision 12 forbids hiring staff for any new veterans cemetery without explicit legislative approval, which is the practical constraint on opening a fifth. Section 197.231 pays a local unit of a congressionally chartered veterans organisation or its auxiliary up to $50, within available funds, for each honor guard detail at the funeral of a deceased veteran, a veteran of the Secret War in Laos, or a reserve or National Guard member within the cemetery eligibility definition. Where the local unit provides a student to play Taps, it may pay some or all of the $50 to the student.

Thresholds

Thresholds for Minnesota State Veterans Cemeteries
GateRule
An eligible veteran under 38 U.S.C. 2402(a), or a member who dies on active dutySection 197.236, subdivision 8, paragraph (b), clause (1) as rewritten by Laws 2026, chapter 96, section 5, referencing subparagraphs 1 to 4 and 7 of the federal section.
Or a veteran of the Secret War in LaosSubdivision 8, paragraph (b), clause (2), added in 2026.
Or, from January 1, 2027, a Guard or reserve member with one full term and an honorable dischargeSubdivision 8, paragraph (b), clause (3), or a member whose death occurs in good standing with their assigned component and was not due to willful misconduct. Paragraph (c) says a general discharge under honorable conditions is not an honorable discharge for this section.
A surviving spouse who remarried is still eligibleSubdivision 8, paragraph (b) closes with a sentence providing that for purposes of this section a surviving spouse includes a surviving spouse who had a subsequent marriage.
A stolen valor conviction disqualifiesSubdivision 8, paragraph (d): applicants with convictions under 18 U.S.C. 704 are ineligible, and by January 1, 2027 the commissioner must establish a verification process.
No plot or interment fee for a veteran; a fee schedule for everyone elseSubdivision 9, paragraph (c) bars plot and interment fees for members who die on active duty and for eligible veterans. Paragraph (a) sets a cost-recovery fee for the other qualified persons, and the 2026 act removed the exclusion of the value of the plot from that computation.

Sources

Legislation

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Laws of Minnesota 2026, chapter 96 Unfroze verification for veterans of the Secret War in Laos and widened their benefits

Catalog reconciledEnactedProgram createdScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Unfroze verification for veterans of the Secret War in Laos and widened their state benefits.

Struck the sentence in Minn. Stat. 197.448, subd. 2(b) that forbade the commissioner of veterans affairs from accepting verification applications until the legislature enacted criteria and a protocol, which had left the route for unnaturalized special guerrilla unit and irregular forces claimants dormant since the section was created in 2025. New subdivisions 3 and 4 hang verification on the applicant filing a VA preneed determination of eligibility for burial in a national cemetery, and create a special consideration route for anyone VA refuses, accepting chain-of-command affidavits, two affidavits from men who served alongside the applicant, wartime photographs, newspaper articles, and membership certificates from named Lao and Hmong veterans organisations. The benefits list gained sections 43A.09, 43A.11, 43A.111, 197.46, 197.48 and 197.481, and lost sections 197.65 and 197.987 without relocating them. Section 1 adds an SGU Veteran designation to the driver’s licence and state ID effective January 1, 2027. The same act rewrote state veterans cemetery eligibility, replaced the $130-a-day state active service pay floor with E-5 basic pay, repealed the 5 percent pension stipend in 192.49, subd. 2, and let the commissioner temporarily close a veterans home on a federal termination notice. Tracked because published guidance still describes the $130 floor and the 5 percent stipend as current, and because the dormant-to-live change in 197.448 is invisible from the statute text alone.

Sponsors

  • DuranHouse
  • PutnamSenate

Touches Minn. Stat. § 197.448 · Minn. Stat. § 171.07, subd. 15 · Minn. Stat. § 197.236, subds. 8 and 9 · Minn. Stat. § 197.231 · Minn. Stat. § 192.49 · Minn. Stat. § 198.01

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.