Last Will And Testament requirements in Minnesota
- You must be at least 18 years old and of sound mind to make a valid will in Minnesota.
- Your will must be in writing (typed or printed); oral wills are not recognized.
- You must sign your will in the presence of two witnesses.
- Your two witnesses must sign the will in your presence and in each other's presence.
- Witnesses should be disinterested (not beneficiaries) to avoid complications.
- Although not required, notarization (a self-proving affidavit) can simplify probate.
How to create a Last Will And Testament in Minnesota
- List your assets and decide who should inherit them. Consider personal property, real estate, bank accounts, investments, and digital assets.
- Choose an executor – someone you trust to carry out your wishes. Discuss the responsibility with them first.
- Decide on guardians for minor children if you have any. This is a critical decision for their care.
- Use a Minnesota-specific will template or hire an attorney. Ensure it meets state law requirements.
- Sign your will in front of two witnesses and have them sign as well. For smoother probate, get a notary to make it self-proving.
- Store your will safely and tell your executor where it is. Review and update it after major life changes.
What a Last Will And Testament typically costs
Writing a will in Minnesota can cost anywhere from $0 using a DIY template (like our free forms) to $300-$500 if you use an online service, or $500-$1,500+ with an attorney for personalized advice. Consider your situation: simple estates may do fine with a template, but complex ones (businesses, trusts, blended families) benefit from professional help.
Ready to create your Minnesota last will and testament? Start with our free template and secure your family’s future today. You can last will and testament with a state-specific template here.
Create your last will and testamentMinnesota Will Checklist: Before You Begin
Gather key documents and understand Minnesota's rules for a valid will. This checklist covers essentials to prepare before drafting.
- List all assets (real estate, bank accounts, investments, personal property) and debts to inform your distribution plan.
- Choose your beneficiaries and alternate beneficiaries, and decide on specific gifts vs. percentages of your estate.
- Select an executor (personal representative) and a backup, and confirm they are at least 18 and willing to serve.
- Know the Minnesota signing rules: you must be 18+, of sound mind, and sign in the presence of two witnesses who are not beneficiaries.
- Decide on a self-proving affidavit (notarized) to simplify probate, but note that notarization is not required for validity.
- Have your will typed or clearly printed; do not rely on handwritten or oral wills (Minnesota does not recognize nuncupative wills generally).
DIY vs. hiring a lawyer for your Last Will And Testament
| Option | Cost | Time | Best for |
|---|---|---|---|
| DIY with a template | ~$40 | Minutes | Standard situations |
| State-specific template (recommended) | Low, one-time | ~15 min | Most people |
| Hire an attorney | $200–$1,500+ | Days–weeks | Complex cases |
Most people complete their last will and testament online in about 15 minutes with a state-specific template — the same structure attorneys use, without the hourly bill.
Frequently asked questions
Do I need a lawyer to write a will in Minnesota?
No, you can write your own will as long as it meets Minnesota’s legal requirements. However, an attorney can help with complex estates, reduce the risk of errors, and provide guidance on estate tax laws.
What happens if I die without a will in Minnesota?
If you die intestate (without a will), Minnesota’s intestacy laws dictate how your assets are distributed, typically to your spouse and children. The court appoints an administrator, and the process can be more stressful and costly for your family.
Should I get my will notarized in Minnesota?
Minnesota does not require notarization for a valid will, but a self-proving affidavit (signed by you and your witnesses before a notary) can speed up probate by avoiding the need to locate witnesses later. It’s a simple step that offers great benefit.
What is the difference between a will and a living will?
A last will and testament handles the distribution of your assets after death. A living will (or health care directive) expresses your medical treatment preferences if you become incapacitated. Both are important parts of estate planning.