Minnesota Last Will and Testament

, the state’s probate courts oversee the division of property and estates. The court handles estate and property divisions per guidelines set forth by the testator (or the person who made the will).

A Minnesota will detail what happens to an individual’s property after death. In Minnesota, the last will and testament must be created by someone 18 years or older. The testator must be of sound mind and present the document in writing. Minnesota does not recognize or accept oral wills.

A Minnesota last will and testament template may make a will. However, it is not required.

If changes are needed to the last will and testament form, Minnesota requires an amendment – called a codicil – to be included and signed in the same manner as the rest of the document. The testator must add the codicil (and have it witnessed) before their death.

Minnesota Last Will and Testament Template

Requirements for a Will to be Valid in Minnesota

A will ensures that your money and property are distributed according to your wishes following your death. For a will to be valid in Minnesota, the testator must adhere to specific guidelines and take the following steps:

• Divide the desired property between inheritors
• Choose an executor
• Choose a guardian if children are present and underage
• Choose a manager for your children’s property
• Have another person (usually a friend or the conservator) sign the will
• Sign the will in front of at least two witnesses
• Ensure that witnesses sign the will

These requirements are essential for a valid will. The state of Minnesota handles all wills through the probate courts.

Notarized Will in Minnesota

Minnesota does not require a notary’s signature for the will to be valid. However, a notary’s signature makes the will considered self-proved. A self-proved will can be admitted to the court without witness testimony, speeding up the probate process.

Cost to Create a Will in Minnesota

While a free last will and testament in Minnesota might be difficult to find, a simple Minnesota will template allows the process to move forward at a reasonable price. Some attorneys charge hundreds or thousands of dollars, depending on the complexity of the content.

A testator can create their own will in Minnesota. One can typically find simple resources to guide them in the process. If all state requirements are followed, the court must accept the will as legal and valid.

FAQs

Here are the most common questions about will and testament in Minnesota, and their answers.

Minnesota requires two generally competent witnesses who may testify in court concerning what they saw in signing the will.

In Minnesota, a testator may write their own will. The will must be signed by the testator and two witnesses. A consultation with a lawyer may be advisable for more complicated circumstances.

If all legal requirements noted above are met, Minnesota accepts handwritten wills. Called a holographic will, the will does not need to be entirely in the testator’s handwriting for it to be considered legal and valid.

No, the law does not require everyone to have a will. Although, it is a useful tool.