Know Your Rights: Wills and Inheritance in Minnesota

Everyone has the right to decide what happens to their property after they die. A will is the legal document that makes your wishes count. Here is what you need to know.

Your Rights

1. You have the right to make a will. Any Minnesota resident who is at least 18 years old and of sound mind can make a will under Minn. Stat. § 524.2-501 .

2. You do not need a lawyer. You can write your own will in Minnesota. It must be in writing, signed by you, and signed by two witnesses who watched you sign ( Minn. Stat. § 524.2-502 ). It does not need to be notarized, though a notarized “self-proving affidavit” makes probate easier.

3. You choose who gets your property. You can leave your property to anyone – family, friends, charities, or organizations. You also choose a personal representative (executor) to carry out your wishes.

4. You can name a guardian for your children. If you have children under 18, your will is where you name who should care for them if something happens to you.

5. A surviving spouse has a right to an elective share. Under Minn. Stat. § 524.2-202 , a surviving spouse can claim a share of the estate even if the will leaves them nothing. You cannot fully disinherit a spouse without their consent.

6. Divorce automatically revokes gifts to your ex-spouse. After a divorce, Minnesota law removes any provisions in your will that benefit your former spouse ( Minn. Stat. § 524.2-804 ). You should still make a new will to be safe.

7. If you die without a will, state law decides. Under Minn. Stat. § 524.2-102 , your property goes to your spouse and children first. If you have children from a prior relationship, your spouse gets the first $225,000 plus half the rest – the children get the remainder. This may not match what you want.

What to Do

• Make a will now. There is no deadline, but if you die without one, the state decides who gets your property. Do not wait.
• Choose two witnesses carefully. Your witnesses must be at least 18 and should ideally not be people who inherit under the will. Both must watch you sign.
• Store the original safely. Keep the signed original in a fireproof safe or safe deposit box. Tell your personal representative where to find it. Never write on or alter the original after signing.
• Update your will after major life changes. Review it after marriage, divorce, the birth of a child, or the death of a beneficiary. You can make a new will or add a codicil (a written amendment with the same signing requirements).
• Consider a health care directive and power of attorney. These documents let someone make medical and financial decisions for you if you become unable to do so. They are separate from your will but just as important.

Important Deadlines

Deadline	What It Means
No deadline	There is no deadline to make a will – but do not wait
3 years after death	Formal probate must generally be started within 3 years ( Minn. Stat. § 524.3-108 )
Promptly after death	The personal representative should file the will with the probate court as soon as possible

Get Help

• Senior LinkAge Line: For Minnesotans 60+, call 1-800-333-2433 for referrals to free legal help

For more detail: See our full guide on this topic:

Wills and Estate Planning in Minnesota

A plain-language guide to making a will in Minnesota. Learn what you need, how to do it, and where to get help.