How to Make a Will in Minnesota

If you're a resident of Minnesota and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name a personal representative, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Minnesota laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Minnesota

Here's a quick checklist for making a will in Minnesota:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose a personal representative to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Minnesota, if you die without a will, your property will be distributed according to state "intestacy" laws. Minnesota's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. (Minn. Stat. §§ 524.2-101; 524.2-102; 524.2-103 (2025).)

This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property. (Minn. Stat § 524.2-105 (2025).)

Can I Make My Own Will in Minnesota?

Yes. Minnesota doesn't have a statutory will (an official Minnesota will template), but you can make your own will in Minnesota, using Nolo's Quicken WillMaker & Trust.

However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Minnesota

To make a will in Minnesota, you must be:

• an individual 18 years of age or older, and
• of sound mind.

(Minn. Stat. § 524.2-501 (2025).)

A will must be in writing (digital or printed on paper) and can't be an audio or video recording. Most people continue to make traditional wills on paper even though electronic wills are legal in Minnesota. (See "Can I Make a Digital or Electronic Will?," below.) (Minn. Stat. §§ 524.1-201(62); 524.2-502 (2025).)

Minnesota doesn't allow handwritten (holographic) wills, but it does recognize wills that were made in another state that follow that state's laws. (Minn. Stat. § 524.2-506 (2025).)

How to Sign and Execute My Minnesota Will

To finalize your will in Minnesota:

• you must sign or acknowledge your will in front of two witnesses, and
• your witnesses must sign your will within a "reasonable time" after you sign or acknowledge it.

(Minn. Stat. § 524.2-502 (2025).)

In general, it's safer to have the witnesses present with you in case there's any question about your mental capacity or the authenticity of your signature. But Minnesota does allow remote witnessing of wills. Remote witnessing lets you and your witnesses sign the will in separate locations while watching each other through a real-time remote audio-visual call. (Minn. Stat. § 524.1-201(43) (2025).)

If you're not able to sign your will because of a physical limitation, you can instruct someone else to sign your will for you while in your presence. If you have a mental limitation, it may be possible to have a court-appointed conservator sign your will with a court order. (Minn. Stat. § 524.2-502 (2025).)

Although Minnesota allows an "interested" person who will inherit from you to serve as a witness, that might not be a good idea. You might want only disinterested witnesses so that there is no appearance that someone was coercing you into signing your will. (Minn. Stat. § 524.2-505 (2025).)

Do I Need to Have My Will Notarized?

No, in Minnesota, you don't need to notarize your will to make it legal. However, Minnesota allows you to make your will "self-proving," and you'll need to use a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will use a notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. You can sign the affidavit in the physical presence of the notary or with the notary appearing remotely in real time through audio-video communication. (Minn. Stat. §§ 524.1-201(43); 524.2-504 (2025).)

Can I Make a Digital or Electronic Will?

Minnesota allows electronic wills (e-wills). An e-will is a will that you can make, sign, and have witnessed in a digital format without ever printing it out. (Minn. Stat. § 524.1-201 (2025).)

Because the requirements for making a valid e-will are somewhat complicated and the concept is still fairly new, e-wills are still not commonplace. For more details on e-wills, see What Is an Electronic Will?

Can I Choose and Appoint a Personal Representative in My Will?

Yes. In Minnesota, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust. produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Minnesota?

In Minnesota, you may revoke or change your will at any time by:

• making a new will that says it revokes the old will or has contradictory terms to the old will, or
• burning, tearing, canceling, obliterating, or destroying all or part of the old will.

(Minn. Stat. § 524.2-507 (2025).)

Minnesota law presumes you intended to replace your old will with the new one if you disposed of all of your estate in your new will. If you didn't dispose of all of your estate, Minnesota law presumes you only wanted your new will to add to the old one. In this situation, your personal representative should follow the instructions in both wills. If you have a contradictory term in your wills, your personal representative should follow the instructions in the new will. (Minn. Stat. § 524.2-507 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Minnesota law revokes any language in your will that leaves property to your spouse or your spouse's relatives or names your spouse a relative of your spouse to be your personal representative. However, if you happen to remarry your ex or if you specifically state in your will (or a divorce decree or a contract relating to the division of the marital property states) that divorce won't affect the provisions in your will, then these rules won't apply. If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. (Minn. Stat. § 524.2-804 (2025).)

If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Minnesota's laws about making wills here: Minnesota Statutes Probate, Property, Estates, Guardianships, Anatomical Gifts, Chapter 524 Uniform Probate Code, Article 2 Intestate Succession and Wills, Part 5 Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Minnesota wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Minnesota, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Minnesota?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Minnesota, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your personal representative or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Minnesota does allow will makers to deposit their wills with a court for safekeeping before they die. Wills deposited with the court will be kept under seal until the will maker's death. (Minn. Stat. § 524.2-515 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. Unlike most states, Minnesota does have an estate tax. The federal government also has an estate tax, but very few estates are wealthy enough to owe federal estate taxes. If your estate is large enough to owe state or federal estate tax, you should consider working with an estate planning attorney. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.