2025 Session Last amended: 2003 session

§ 524.2-502 — Execution; Witnessed Wills

Plain-Language Summary

To make a valid will in Minnesota, the will must be in writing, signed by the person making the will (or by someone else at their direction and in their presence), and signed by at least two witnesses who saw the person sign the will or heard the person acknowledge it.

524.2-502 EXECUTION; WITNESSED WILLS.

Except as provided in sections 524.2-506 and 524.2-513, a will must be:

(1) in writing;

(2) signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction or signed by the testator’s conservator pursuant to a court order under section 524.5-411; and

(3) signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will as described in clause (2) or the testator’s acknowledgment of that signature or acknowledgment of the will.

History:

1975 c 347 s 22; 1986 c 444; 1994 c 472 s 36; 2003 c 12 art 2 s 6

History: History: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 36; 2003 c 12 art 2 s 6

Practical Notes

When this applies: When any Minnesota resident wants to create a valid will. Who this affects: Anyone in Minnesota who wants to direct how their property is distributed after death. Key points: A will must be in writing. It cannot be just a verbal statement. The person making the will (the ’testator’) must sign it, or someone else can sign it for them if done in the testator’s presence and at their direction. Two witnesses must sign within a reasonable time after watching the testator sign or hearing the testator acknowledge the signature. A conservator can sign a will on behalf of a protected person with a court order. Minnesota does not recognize oral wills, but does allow notarized wills (self-proving affidavits) under a separate section.

Source: Minnesota Office of the Revisor of Statutes