How to Make a Will in Minnesota

Having a Will that states your wishes regarding your assets and the distribution mode amongst your beneficiaries is important and crucial in your life. It will benefit your family and loved ones, who will be financially secure in the event of your death.

A will gives you peace of mind, knowing that whatever happens to you, your estate is planned out, and all your affairs are in order.

What are the Steps to Create a Will in Minnesota?

When you are ready to write your will in Minnesota. You can follow the following steps in creating your will and seek further legal clarifications from our professionals at LegalPen, who are ready and willing to provide any assistance required; –

1. Inventory all your property and assets – having a list of all your property and assets, including their details, is crucial as it will assist you when you start distribution of the properties so that nothing is left out of the will or forgotten.
2. Beneficiaries—It is important to choose your beneficiaries, as they will inherit your property. These should be your loved ones and family, who will be greatly affected financially by your absence.
3. Executor—An executor is the person you choose to handle your estate on your behalf. The executor will follow your wishes as stated in your will. When choosing an executor, you should consider someone willing and capable of handling and distributing the estate.
4. Guardian – You should appoint a guardian if you have any minor children. The guardian will be responsible for the growth and raising of the minor children, and you should appoint someone you trust to have the best interest of the minor children at heart.
5. Make your will—After gathering all the required information, it is time to create your will and state your wishes regarding what will happen to your estate. At this juncture, you must decide on the type of will you want according to your specific circumstances.
6. Sign your will—To be valid, you must sign it before two witnesses, who should equally sign the will to acknowledge your signing as the testator.
7. Storage—You should store your will in a safe, water—and fire-proof location to prevent damage. It should also be easily accessible to the executor at the required time.

What Happens if I Don’t Have a Will?

When you die and do not have a will in Minnesota, your property will be distributed to your beneficiaries according to intestacy laws. These laws give your property to your closest relatives, starting with your spouse and children. The relevant statute that guides distribution according to intestacy laws is Minn. Stat. §§ 524.2-101; 524.2-102; 524.2-103 (2023).

What Are the Requirements for Writing a Last Will and Testament in Minnesota?

There are various requirements that need to be met in Minnesota when writing your Last will and testament. The Requirements are as follows; –

1. 18 years of age or older – an individual is considered an adult once they attain the age of 18 years, which is provided for under Minnesota laws.
2. Sound mind – you should be of sound mind as it speaks to your testamentary capacity that you understand and know what you are writing and the consequences thereof.
3. Writing—For a will to be valid in Minnesota, it has to be in writing, either digital or printed on paper. Oral or video recordings are not recognized in Minnesota.
4. Signing – as the testator, you should sign your will as it shows authenticity and acknowledges the contents of the will as yours.
5. Witnesses—Your will should be signed before two witnesses, who should sign it within a reasonable time after signing it, as provided under Minn. Stat. § 524.2-502 (2023).

How Often Should You Review and Update Your Minnesota Will?

You should review and update your Minnesota will as regularly as possible. However, as a rule of thumb, you should review and update your will after every three to five years or after a major life event.

Major life events can include marriage, divorce, the birth or death of a new family member, the loss of an asset, or the gain of significant assets.

How to revise and update your will in Minnesota

You can revise and update your Minnesota will by either; –

1. Adding a codicil to your will. A codicil is a supplement to your original will that includes changes or additional provisions to the will. The codicil should be signed and witnessed similarly to the procedure for creating a will.
2. Drafting a new will. In the event the changes to the will are major and extensive, it is practical to draft a new will that explicitly states that it revokes all previous wills and codicils.

What Makes a Will Valid in Minnesota?

For a will to be binding in Minnesota, the will has to be valid, and as stated below is what makes a will valid ;

1. Signature—As the testator, you should sign your will or direct someone to sign it, proving it is your wish.
2. Witnesses – a will in Minnesota must be signed before two competent witnesses. A qualified witness can testify in court and whose mental capacity will be invalidated by the court.
3. Notarization—Having a notary attest your signature is not a must. However, you will require one if you wish to use a self-proving affidavit as part of your will signing.

Can a Handwritten Will Be Valid in Minnesota?

Handwritten Wills are known as holographic wills, which are wills entirely written in the testator’s handwriting but without witnesses. No, Holographic wills are not valid in Minnesota unless they follow the necessary signature and witness requirements of all wills in Minnesota.

How Do I Sign My Minnesota Will?

You should sign your Minnesota Will yourself or by another person at your directions and in your presence.

At least two people who must sign the will must witness the will.

Minnesota law allows for remote witnessing, where your witness can sign the will at a different location and watch through a real-time remote video and audio call.

What Can I Include in an Online Will in Minnesota?

When writing your Online Will in Minnesota, here are what you can include; –

1. An inventory of your assets
2. A list of your beneficiaries
3. The bequests to specific beneficiaries
4. Your appointed executor
5. Your appointed guardian for the minor children
6. Any final message or instructions to your family and loved ones

Types of assets covered in a Minnesota will

Several types of assets are covered and included in a Minnesota Will, which include but are not limited to; –

1. Real estate property – this includes buildings, houses, or land.
2. Digital assets – digital assets may include gaming accounts, music, photos, etc.
3. Personal property – examples of personal property are jewelry, art, clothes, etc.

Can I Revoke or Change My Will in Minnesota?

Yes, you can revoke or change your will in Minnesota at any moment by either making a new will that revokes all prior wills and codicils or by burning, tearing, obliterating, or destroying the old will.

A will contains your wishes, which may change or vary occasionally. That is why it is advisable to update your will regularly; because of this, you are free to revoke or change your will without explanation from anyone.

How do you Revoke or change your will in Minnesota?

You should update your will every three to five years or after a significant life event. You can revoke or change your will in Minnesota in three ways; 

1. Make a codicil, a supplementary document to the new will containing certain alterations or additions to the will.
2. Make a new will explicitly stating that all prior wills and codicils are revoked.
3. Destroying the old by burning, completely tearing, or obliterating it will revoke the old will. 

Can I Make a Digital or Electronic Will in Minnesota?

Yes, you can make a digital or Electronic Will in Minnesota. In August 2023, electronic wills were allowed as valid. An electronic will is made, signed, and witnessed digitally without ever being printed on paper.

Who Can Witness a Will in Minnesota?

Under Minnesota laws, an individual generally competent can witness a will.  Signing a will by an interested witness does not invalidate the will as in other states.

Should My Will Name an Executor?

Yes, your will should name an Executor, as they are carefully chosen to manage and distribute your estate to your beneficiaries in the event of your death.

When your will does not have an executor, the probate court will have to step in and appoint an administrator to distribute your assets.

What are the Minnesota will executor requirements?

Some rules regarding who may serve as an executor of an estate differ from state to state.

1. The basic requirements of a will executor in Minnesota are; –
2. You must be at least 18 years old.
3. You must be of sound mind and not found incapacitated by the court.
4. You can name an executor who has been convicted of a felony.

What Happens to a Will After Death in Minnesota?

After you die in Minnesota, the executor must file your will in the probate court within 30 days.

After that, the court will validate your will and appoint an executor to oversee your estate. 

Your executor will then identify your assets and debts, contact your beneficiaries and creditors, and inform them of your death.

The executor will pay any debts through the estate and distribute the assets to your beneficiaries according to your wishes as stated in your will.

What is the Impact of Marriage and Divorce on Your Minnesota Will

In Minnesota, divorce automatically revokes any provisions that would give the ex-spouse property. When you get married and do not change the will, it remains valid, save for the fact that your spouse will be entitled to claim against the estate in probate court, which will be granted as the spouse is automatically entitled under Minnesota law to certain assets even if they are not provided for in the will.

Do all wills in Minnesota have to go through probate?

No, not all wills in Minnesota have to go through probate. Having a will does not avoid probate. However, the need for probate depends on the amount of property you own, the type of property you own, and whether you own it alone or with others. 

Is Minnesota a community property state?

No, Minnesota is not a community property state. It is an equitable division state, where marital property is divided fairly, though not always equally.

How is Minnesota intestate succession done?

When you die without a will in Minnesota, the decision of your property is left in the hands of the probate court and the intestate laws.

The spouse will receive the entire estate if there are no descendants or parents. In the event they are present, the spouse shall receive the first $225,000 and half of the balance. 

How is Estate and inheritance tax in Minnesota done?

In Minnesota, estate tax applies to residents and individuals who own property in the state at the time of their death. The tax applies to estates with a gross value of $3 million or more.

Minnesota does not have an inheritance tax.

Why should the elderly consider a will?

The elderly need to consider a will as they help set up a trust fund for children and grandchildren, help name beneficiaries, and how their property should be distributed.

A will is crucial as it helps older people avoid leaving any property or a beneficiary unaccounted for when the time comes.