How to Make a Valid Will in Minnesota

Who Can Make a Will in Minnesota?

You must be at least 18 years old to make a will in Minnesota. No statutory exceptions for minors. The testator must be of sound mind (Minn. Stat. § 524.2-501)

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another individual may sign in the testator's conscious presence and by the testator's direction (Minn. Stat. § 524.2-502).

Witness Requirements in Minnesota

Minnesota requires 2 witnesses. Must be competent individuals. Each witness must sign within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or the will.

Interested witnesses: An interested witness does not invalidate the will (Minn. Stat. § 524.2-505)

Notarization in Minnesota

Notarization is not required for a will to be valid in Minnesota. Not required for validity; used for self-proving affidavit. A notarized will can serve as a self-proving will

Self-Proving Affidavit

Minnesota allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public. Alternatively, a will may be made self-proving by acknowledgment before a notary (Minn. Stat. § 524.2-504)

Handwritten (Holographic) Wills

Minnesota does not recognize holographic wills. Holographic wills are not recognized in Minnesota

Electronic Wills

Minnesota recognizes electronic wills. Minnesota enacted electronic will provisions effective August 1, 2023. Electronic wills must be in an electronic record, electronically signed, and witnessed. Remote witnessing is permitted via audio-video communication

How to Revoke a Will in Minnesota

In Minnesota, a will can be revoked by:

• •Executing a subsequent will that revokes the prior will expressly or by inconsistency
• •Performing a revocatory act by the testator or by another in the testator's conscious presence and at their direction

Minn. Stat. § 524.2-507

Special Provisions in Minnesota

Minnesota is a separate property/common law state. Surviving spouse has an elective share under the augmented estate system (Minn. Stat. § 524.2-202). Minnesota adopted the Uniform Probate Code. Minnesota has a state estate tax with a $3 million exemption

Relevant Minnesota Statutes

• Minn. Stat. § 524.2-501 (Who may make a will)
• Minn. Stat. § 524.2-502 (Execution of wills)
• Minn. Stat. § 524.2-504 (Self-proved wills)
• Minn. Stat. § 524.2-505 (Interested witnesses)
• Minn. Stat. § 524.2-507 (Revocation)
• Minn. Stat. § 524.2-202 (Elective share)