Last Will and Testament

A last will and testament is a legal document that says what happens to your property after you die. It names a personal representative (sometimes called an executor) to manage your estate, directs how your property is distributed, and can name a guardian for your minor children.

In Minnesota, wills are governed by the Uniform Probate Code ( Minn. Stat. § 524.2-502 ). This template creates a valid Minnesota will that includes a self-proving affidavit — a notarized statement that makes probate faster and easier for your family.

When to Use This Template

• Basic estate planning: You want to decide who inherits your property instead of leaving it to Minnesota’s default intestacy laws
• Naming a guardian: You have minor children and want to name the person who will care for them if both parents die
• Choosing your personal representative: You want to pick a trusted person to manage your estate, rather than leaving it to the court
• Specific gifts: You want to leave particular items or amounts of money to specific people or organizations
• Revoking a prior will: You have an existing will that no longer reflects your wishes and want to replace it
• Completing an estate plan: You already have a Health Care Directive and Power of Attorney and want to complete the set

How to Use This Template

1. Download the template in your preferred format (PDF or DOCX).
2. Fill in your full legal name and county of residence.
3. Name your personal representative. Choose the person you trust most to manage your estate after your death. Include their full legal name, address, and relationship to you. Name an alternate in case your first choice cannot serve.
4. Name a guardian for minor children (if applicable). Include their full legal name and address. Name an alternate guardian. Discuss this with the person before naming them.
5. List your specific bequests. Identify any particular items or amounts of money you want to leave to specific people or organizations (e.g., “my wedding ring to my daughter,” “$5,000 to XYZ charity”).
6. Write your residuary clause. This is the most important clause — it says who gets everything else not covered by specific bequests. Most people leave the residuary estate to their spouse, children, or a combination.
7. Review the standard provisions. The template includes provisions for simultaneous death, a 30-day survival requirement, powers of the personal representative, and tax apportionment. Read these and modify if needed.
8. Sign and execute the document. See the execution requirements below.

Key Provisions Explained

Revocation Clause

States that this will revokes all prior wills and codicils. This ensures there is no confusion about which will is valid.

Personal Representative

The person you name to manage your estate. In Minnesota, the personal representative has broad powers to collect assets, pay debts, file taxes, and distribute property. You can grant specific powers or rely on the default powers under Minn. Stat. § 524.3-715 .

Guardian for Minor Children

If both parents die, the court will appoint a guardian for children under 18. Your will’s nomination carries significant weight with the court, though the court always considers the child’s best interests. Name an alternate in case your first choice cannot serve.

Specific Bequests

Gifts of particular items or dollar amounts to named people or organizations. Be specific enough that the item can be identified (e.g., “my 2020 Toyota Camry” rather than “my car”).

Residuary Clause

Covers everything not given away in specific bequests. This is the most important clause because it catches all property you did not specifically mention. Without a residuary clause, unlisted property passes under intestacy law, which may not match your wishes.

Simultaneous Death Provision

If you and a beneficiary die at the same time (or within a short period), this provision says the beneficiary is treated as having died first. This prevents property from passing through the beneficiary’s estate and going to their heirs instead of your alternate choices.

Survival Requirement

Requires a beneficiary to survive you by a set period (typically 30 days) to inherit. This prevents property from passing to someone who dies shortly after you, avoiding double probate.

Tax Apportionment

Determines how estate taxes are allocated among beneficiaries. The template uses the default rule — taxes are paid from the residuary estate before distribution.

Minnesota-Specific Requirements

Execution Requirements

After You Sign

1. Store the original safely. Keep it in a fireproof safe, a safe deposit box, or file it with the probate court for safekeeping ( Minn. Stat. § 524.2-515 ). Tell your personal representative where to find it.
2. Give copies to key people. Your personal representative and your attorney (if you have one) should have copies. Make sure everyone knows only the original is legally valid.
3. Do not alter the original. Never write on, staple anything to, or physically change the signed will. Any marks or alterations can raise questions about validity.
4. Review when life changes. Update your will after marriage, divorce, birth of a child, death of a beneficiary or personal representative, major property changes, or a move to another state. To change your will, execute a new one (which revokes the old) or add a codicil — a written amendment signed and witnessed the same way.
5. Complete your estate plan. A will works best alongside a Health Care Directive (for medical decisions) and a Power of Attorney (for financial decisions during your lifetime). Together, these three documents form a basic estate plan.

What Your Will Cannot Do

• Override beneficiary designations. Life insurance, retirement accounts (401(k), IRA), and payable-on-death bank accounts pass to the named beneficiary regardless of what your will says.
• Override joint tenancy. Property held in joint tenancy passes to the surviving owner automatically.
• Disinherit your spouse entirely. A surviving spouse has a right to an elective share (3–50% of the augmented estate, depending on the length of the marriage) under Minn. Stat. § 524.2-212 .
• Avoid probate. A will must go through probate to be carried out. If avoiding probate is a priority, consider a revocable trust. See our Wills and Estate Planning guide.
• Control property in a trust. Property already transferred to a trust is governed by the trust document, not your will.

Common Mistakes to Avoid

1. Not having two witnesses. This is the most common reason wills are invalid in Minnesota. You need two witnesses — not one, and not just a notary.
2. Forgetting the residuary clause. If you only make specific bequests and do not include a residuary clause, any property not specifically mentioned passes under intestacy law.
3. Naming a minor as personal representative. Your personal representative must be at least 18 years old. Name an adult.
4. Not naming alternates. If your personal representative, guardian, or beneficiary dies or cannot serve, you need backups. Without them, the court decides.
5. Leaving the original where no one can find it. Your will is useless if no one can locate it after your death. Tell your personal representative where it is.
6. Not accounting for your whole estate. Think about digital assets, online accounts, cryptocurrency, and other non-traditional property. A broad residuary clause catches what you miss.
7. DIY changes after signing. Crossing out lines, writing in margins, or attaching notes to a signed will creates legal problems. Make changes through a new will or a properly executed codicil.
8. Assuming one spouse’s will covers both. Each spouse needs their own will. A married couple should have two separate wills.

Relationship to Other Estate Planning Documents

Together, these three documents form a basic estate plan that covers medical decisions, financial management, and property distribution.

Related Resources

Wills and Estate Planning in Minnesota

• Minnesota Judicial Branch - Probate – court forms and self-help resources for probate
• Minnesota State Bar Association - Lawyer Referral – find an estate planning attorney