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Minnesota Last Will and Testament

Minnesota requires 2 witnesses to sign a valid will and does not recognize handwritten (holographic) wills. Get a free template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die, names the person (your personal representative, sometimes called an executor) who will administer your estate, and can name a guardian for any minor children. In Minnesota a will is governed by the Uniform Probate Code at Minn. Stat. Section 524.2-502, which requires the document be in writing, signed by the testator (the person making the will), and signed by at least two witnesses who each sign within a reasonable time after watching the testator sign or acknowledge the will. Minnesota does not invalidate a will because a witness is also a beneficiary; Minn. Stat. Section 524.2-505 says an interested witness has no effect on the will's validity, though naming disinterested witnesses removes any doubt later. The will itself does not need a notary; a notary is used only for the optional self-proving affidavit under Minn. Stat. Section 524.2-504, a sworn statement attached to the will that lets it be admitted to probate without tracking down the witnesses later. Minnesota does not recognize holographic wills: an unwitnessed, handwritten will is not valid here, even if it is entirely in the testator's own handwriting, because Section 524.2-502 makes the two-witness signing requirement apply to every will with no handwriting exception. Any person 18 or older who is of sound mind may make a will under Minn. Stat. Section 524.2-501. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate (your personal representative, also called an executor) after you die. It can also name a guardian for minor children.

  2. 2

    Minnesota requires 2 witnesses. Minn. Stat. Section 524.2-502 requires the will be in writing, signed by the testator, and signed by at least two witnesses who each sign within a reasonable time after witnessing the signing or the testator's acknowledgment of the will.

  3. 3

    An interested witness (a beneficiary who also signs as a witness) does NOT invalidate the will. Minn. Stat. Section 524.2-505(b) says the signing of a will by an interested witness does not invalidate the will or any provision of it, though using disinterested witnesses is still the safer practice.

  4. 4

    A self-proving affidavit is available and needs a notary. Under Minn. Stat. Section 524.2-504 the testator and witnesses can sign a sworn affidavit before a notary (an officer authorized to administer oaths) at signing or later, so the will can be probated without locating the witnesses to testify.

  5. 5

    Minnesota does NOT recognize holographic (handwritten, unwitnessed) wills. Section 524.2-502 has no exception for a will that is entirely handwritten but unwitnessed; every will needs the same in-writing, signed, two-witness execution.

  6. 6

    The will itself needs witnesses, not a notary. Signing happens before two witnesses under Section 524.2-502; a notary is involved only if you also complete the optional self-proving affidavit under Section 524.2-504.

  7. 7

    You must be 18 or older and of sound mind to make a will (testamentary capacity), and you can revoke a prior will by making a new one or by a physical act such as burning, tearing, or destroying it (Minn. Stat. Sections 524.2-501, 524.2-507).

Key decisions before you file

Before you file a Last Will and Testament in Minnesota, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

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MINNESOTA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Minnesota, being 18 years of age or older and of sound mind, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have previously made.

  2. APPOINTMENT OF PERSONAL REPRESENTATIVE I appoint [PERSONAL REPRESENTATIVE NAME] as the personal representative (executor) of my estate, to collect my assets, pay valid debts and taxes, and distribute what remains as this will directs. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property here, including each beneficiary's full name and a clear description of the item, sum of money, or percentage of the estate given.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, not otherwise disposed of above, to [RESIDUARY BENEFICIARY NAME(S)].

  5. ATTESTATION CLAUSE This will was signed by me, the testator, on [DATE], in the presence of the two witnesses below, each of whom signed within a reasonable time after witnessing my signature or my acknowledgment of this will, as Minn. Stat. Section 524.2-502 requires.

[TESTATOR NAME], Testator

We, the undersigned witnesses, each being present at the same time, saw the testator sign this will (or acknowledge a prior signature) and now sign as witnesses in the testator's presence. Minnesota law (Minn. Stat. Section 524.2-505) does not invalidate a witness who is also a beneficiary, but naming disinterested witnesses is the safer practice.

Witness 1 signature, printed name, address

Witness 2 signature, printed name, address

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Minnesota recognizes a self-proving affidavit under Minn. Stat. Section 524.2-504. Completing this section before a notary lets the will be admitted to probate without locating the witnesses later to testify that they saw it signed, which can shorten and simplify the probate process for the personal representative.

State of Minnesota, County of [COUNTY] We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being first duly sworn, declare to the officer taking this acknowledgment that the testator signed the will as a free and voluntary act for the purposes it expresses, and that each witness signed at the testator's request, in the testator's presence, and in the presence of each other.

Testator Witness 1 Witness 2

Subscribed and sworn before me on [DATE].

Notary Public, State of Minnesota, My Commission Expires: [DATE]

Note: Governed by Minn. Stat. ch. 524, art. 2. A beneficiary should not serve as a witness even though Minnesota law does not invalidate the will for it; use disinterested witnesses whenever possible. Minnesota does not recognize handwritten (holographic) wills, so this witnessed execution, with two qualifying witnesses, is required regardless of how much of the will is in the testator's own handwriting. Keep the signed original in a safe place and tell your personal representative where to find it. This is a Minnesota will skeleton. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Minnesota in about a minute, and notarize it online through DocDraft if it does.

Minnesota Requirements for Last Will and Testament

Sign in Front of Two Witnesses

A Minnesota will must be in writing, signed by the testator, and signed by at least two witnesses who each sign within a reasonable time after witnessing the testator's signature or acknowledgment of the will (Minn. Stat. Section 524.2-502).

An Interested Witness Does Not Invalidate the Will

Minnesota does not disqualify a witness who is also a beneficiary. Minn. Stat. Section 524.2-505(b) provides that the signing of a will by an interested witness does not invalidate the will or any provision of it, though disinterested witnesses remain the safer choice.

No Notary Required for the Will Itself

Minnesota does not require a will to be notarized to be valid. Execution requires two witnesses under Minn. Stat. Section 524.2-502; a notary is involved only for the optional self-proving affidavit under Section 524.2-504.

Add a Self-Proving Affidavit if Desired

Minnesota recognizes a self-proving affidavit under Minn. Stat. Section 524.2-504: the testator and witnesses swear before a notary that the will was properly signed, which lets the will be admitted to probate without locating the witnesses to testify later.

Minnesota Does Not Recognize Holographic Wills

An unwitnessed, handwritten will is not valid in Minnesota. Minn. Stat. Section 524.2-502 requires every will, however it is written, to be signed by the testator and by at least two witnesses, with no exception for a will entirely in the testator's own handwriting.

Meet the Minimum Age and Capacity Standard

You must be at least 18 years old and of sound mind to make a valid Minnesota will (Minn. Stat. Section 524.2-501). Sound mind generally means understanding you are making a will, roughly what you own, and who would naturally inherit from you.

Revoke a Prior Will by a New Will or a Revocatory Act

You can revoke a Minnesota will by executing a later will that revokes it expressly or by inconsistency, or by a revocatory act such as burning, tearing, canceling, obliterating, or destroying the will with intent to revoke it (Minn. Stat. Section 524.2-507). Divorce or annulment also revokes provisions favoring a former spouse (Section 524.2-804).

Name a Personal Representative (Executor)

Name a personal representative, Minnesota's term for executor, to administer your estate, plus a successor in case the first choice cannot serve. Minn. Stat. ch. 524, art. 2 governs will execution and estate administration in Minnesota.

Does your Last Will and Testament need to be notarized in Minnesota?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A Minnesota will needs at least 2 witnesses under Minn. Stat. Section 524.2-502, each of whom must sign within a reasonable time after watching the testator sign the will or acknowledge an earlier signature. A witness who is also a beneficiary does not invalidate the will under Section 524.2-505, but using disinterested witnesses avoids any later question.

No, the will itself needs two witnesses, not a notary. A notary is used only if you add the optional self-proving affidavit under Minn. Stat. Section 524.2-504, a sworn statement signed by the testator and witnesses before a notary that speeds up probate. Without that affidavit the will is still valid; probate may just take longer to prove the signatures.

No. Minnesota does not recognize holographic wills. Minn. Stat. Section 524.2-502 requires every will, however it is written, to be signed by the testator and signed by at least two witnesses. There is no exception for a will that is entirely in the testator's own handwriting; without two witnesses it is not valid in Minnesota.

Put your wishes in writing, name a personal representative (executor) to handle your estate, describe who receives your property, and sign the document in front of two witnesses who also sign, per Minn. Stat. Section 524.2-502. Adding a notarized self-proving affidavit under Section 524.2-504 is optional but can simplify probate later.

A valid Minnesota will must be in writing, signed by the testator (or by someone else at the testator's direction in the testator's conscious presence, or by a court-ordered conservator), and signed by at least two witnesses who each sign within a reasonable time of witnessing the signing or acknowledgment, under Minn. Stat. Section 524.2-502. The testator must also be 18 or older and of sound mind under Section 524.2-501.

A self-proving affidavit is a sworn statement, signed by the testator and witnesses before a notary, that is attached to the will under Minn. Stat. Section 524.2-504. It lets the probate court accept the will without calling the witnesses to testify that they saw it signed. It is optional, but it can shorten probate.

You must be at least 18 years old and of sound mind to make a valid will in Minnesota, under Minn. Stat. Section 524.2-501. Sound mind generally means understanding that you are making a will, roughly what you own, and who would naturally inherit from you.

You can revoke a Minnesota will by executing a later will that revokes the earlier one expressly or by inconsistency, or by a revocatory act such as burning, tearing, canceling, obliterating, or destroying the will with the intent to revoke it, under Minn. Stat. Section 524.2-507. Divorce or annulment also automatically revokes provisions in favor of a former spouse under Section 524.2-804.