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.
- MinnesotaState
Thresholds
| Gate | Rule |
|---|---|
| An eligible veteran under 38 U.S.C. 2402(a), or a member who dies on active duty | Section 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 Laos | Subdivision 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 discharge | Subdivision 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 eligible | Subdivision 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 disqualifies | Subdivision 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 else | Subdivision 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
- Introduced Done, , step 1 of 6
- In committee Done, , step 2 of 6
- Passed one chamber Done, , step 3 of 6
- Passed both chambers Done, , step 4 of 6
- Signed by the governor Done, , step 5 of 6
- In effect Done, , step 6 of 6
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
- Duran
- Putnam
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
Also touches
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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.