How do I make a valid will in Minnesota?

Minnesota wills are governed by Minn. Stat. Chapter 524 (Uniform Probate Code).

1. Testator Requirements

Age: 18 or older (Minn. Stat. § 524.2-501).

Capacity: Sound mind.

2. Witness Requirements (Minn. Stat. § 524.2-502)

In writing.

Signed by the testator (or by another in the testator's conscious presence and by the testator's direction).

Signed by at least 2 individuals, each of whom signed within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or of the will.

3. Notarization

Not required for validity. A self-proving affidavit (Minn. Stat. § 524.2-504) executed before a notary by the testator and witnesses makes the will self-proved.

4. Holographic Wills NOT Recognized

Minnesota does not recognize holographic wills executed in Minnesota. However, Minn. Stat. § 524.2-506 honors a will valid in the place where executed or where the testator was domiciled.

5. Harmless Error Rule (Minn. Stat. § 524.2-503)

A document may be treated as a will if the proponent establishes by clear and convincing evidence that the decedent intended it as a will or partial revocation or alteration.

6. Interested Witnesses

Minnesota abolished the interested-witness rule (Minn. Stat. § 524.2-505) — beneficiary witnesses do not forfeit gifts.

7. Intestacy (No Will)

Minn. Stat. § 524.2-102: Spouse + descendants all of marriage and surviving spouse has no other descendants — spouse takes all. Spouse + descendants from outside marriage — spouse takes first $225,000 + 1/2 of balance.

8. Small Estate Threshold

Minnesota's affidavit for collection of personal property (Minn. Stat. § 524.3-1201) is available for estates with personal property value not exceeding $75,000, after a 30-day waiting period.

9. MN Estate Tax

Minnesota has a state estate tax with a $3 million exemption (significantly lower than federal). Plan accordingly.

This is legal information, not legal advice.