Wills and Estate Planning in Minnesota

Overview

A will is a written document that says what happens to your property after you die. It can also name someone to manage your estate and, if you have minor children, name a guardian for them.

In Minnesota, wills are governed by the Uniform Probate Code, found in Minn. Stat. § 524.2-501 through Minn. Stat. § 524.2-517 .

If you die without a will (called dying “intestate”), Minnesota law decides who gets your property. That may not match what you want. Making a will puts you in control.

Do I Need a Will?

You should consider making a will if any of these apply to you:

• You own property (a home, car, bank accounts, investments)
• You have children under 18
• You want specific people to inherit specific items
• You want to leave money to a charity or organization
• You are married and want to make sure your spouse is protected
• You want to choose who manages your estate after you die

Even if you do not have a lot of money, a will makes things easier for your family. Without one, your loved ones may face a longer, more expensive court process.

Step-by-Step: How to Make a Valid Will in Minnesota

Step 1: Make sure you meet the requirements

Under Minn. Stat. § 524.2-501 , you must be:

• At least 18 years old
• Of sound mind – you understand what you own, who your family is, and what making a will means

You do not need a lawyer to make a will in Minnesota, but having one helps avoid mistakes.

Step 2: Decide what goes in your will

Think about:

• Your property: List what you own – home, car, bank accounts, personal items, investments
• Your beneficiaries: Who do you want to receive your property?
• A personal representative (executor): Who will carry out your wishes? Pick someone you trust.
• A guardian for minor children: If you have kids under 18, name someone to care for them
• Alternate choices: Name backup people in case your first choice cannot serve

Step 3: Write your will

Your will must meet the requirements in Minn. Stat. § 524.2-502 :

• It must be in writing
• It must be signed by you (or by someone else at your direction, in your presence)
• It must be signed by at least two witnesses who saw you sign or heard you say the document is your will

Minnesota does not require your will to be notarized. However, adding a notarized “self-proving affidavit” ( Minn. Stat. § 524.2-504 ) makes probate faster because the court does not need to track down your witnesses later.

Minnesota does not recognize handwritten (holographic) wills unless they are properly witnessed. A handwritten document without two witnesses is not valid as a will in Minnesota.

Step 4: Choose your witnesses

Your two witnesses must:

• Be at least 18 years old
• Watch you sign or hear you acknowledge the will
• Sign the will themselves

It is best to choose witnesses who are not beneficiaries in your will. Under Minn. Stat. § 524.2-505 , a will is still valid if a witness is also a beneficiary, but it can create complications.

Step 5: Store your will safely

• Keep the original signed will in a safe place – a fireproof safe at home or a safe deposit box
• Tell your personal representative where to find it
• You can also file it with the court for safekeeping ( Minn. Stat. § 524.2-515 )
• Keep a copy, but make sure everyone knows only the original is valid
• Never write on, staple to, or alter the original after signing

Step 6: Update your will when life changes

Review your will after major life events:

• Marriage or divorce
• Birth or adoption of a child
• Death of a beneficiary or personal representative
• Buying or selling major property
• Moving to a different state

To change your will, you can make a new will (which revokes the old one) or add a codicil – a written amendment that must be signed and witnessed the same way as the original will.

Key Deadlines

• No deadline to make a will. But do not wait – if you die without one, state law controls.
• After death: The personal representative should file the will with the probate court in the county where the deceased lived. There is no strict filing deadline, but prompt filing is expected. Formal probate must generally be started within 3 years of death ( Minn. Stat. § 524.3-108 ).

Costs & Fees

Item	Typical Cost
DIY will (using a template or book)	$0 – $50
Attorney-prepared simple will	$300 – $800
Full estate plan (will, power of attorney, health care directive)	$800 – $2,000+
Probate court filing fee	~$300+ (varies by county)

When to Get a Lawyer

You can write a simple will on your own, but a lawyer is recommended if:

• You have a blended family (children from different relationships)
• You own a business
• You have significant assets or complex finances
• You want to create a trust
• You want to disinherit someone or leave unequal shares
• You have concerns about estate taxes

Many legal aid organizations offer free will-drafting services for seniors, veterans, and low-income Minnesotans.

Related Guides

Getting Divorced in Minnesota

A plain-language guide to the divorce process in Minnesota. Learn the steps, costs, timelines, and where to get help with your divorce.

Filing for Bankruptcy in Minnesota

A plain-language guide to understanding bankruptcy options in Minnesota, including Chapter 7 and Chapter 13, exemptions, and the filing process.

Legal Name Change in Minnesota

A plain-language guide to legally changing your name in Minnesota. Covers the court process, required forms, costs, and what to update after your name change.

Where to Get Help

• Senior LinkAge Line: For Minnesotans 60+, call 1-800-333-2433

Frequently Asked Questions

Can I write my own will without a lawyer? Yes. Minnesota law does not require you to use a lawyer. But mistakes in a DIY will can cause serious problems. If your situation is simple (no blended families, modest assets), a template may work. For anything complex, a lawyer is worth the cost.

What happens if I die without a will? Minnesota’s intestacy laws ( Minn. Stat. § 524.2-101 through Minn. Stat. § 524.2-114 ) decide who inherits. Generally, your spouse and children inherit first. If you have no spouse or children, it passes to parents, then siblings, then more distant relatives.

Does my spouse automatically get everything? Not necessarily. If you have children from a prior relationship, your spouse gets the first $225,000 plus half the rest, and your children get the remainder ( Minn. Stat. § 524.2-102 ). A will lets you decide the split.

Can I disinherit my spouse? A surviving spouse has a right to an “elective share” of the estate, regardless of what the will says ( Minn. Stat. § 524.2-301 ). You cannot completely disinherit a spouse without their consent.

Do I need to update my will after a divorce? Minnesota law automatically revokes any provisions in your will that benefit your former spouse after a divorce ( Minn. Stat. § 524.2-804 ). Still, it is a good idea to make a new will to be safe.