Wills
Minnesota Last Will and Testament
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Minnesota Last Will and Testament

By 

Jennifer Mcgee

Head of Legal at TrulyWill

With changing family dynamics and relationships, it's essential to create a Minnesota last will and testament to ensure that only the person you want gets a stake in your estate. If you don't make your last will and testament, the court would have no other option than to give your estate to an estranged relative rather than someone you truly considered family. That's why making your last will should be a priority for you. It'd be better to make an online last will if you have a small estate and don't need something complicated or detailed for your will. Ensure that you follow the rules for making the last will.

If you're from Minnesota, here's what you should do to make your will:

Table of contents

1. Requirements for a Minnesota Last Will and Testament  

2. Who can be your witnesses?

3. Minnesota rules for a personal representative

4. Minnesota Last Will and Amendment Notarization

5. Last Will Revocation rules

6. What if you have more than one Minnesota will?

7. Last Will Amendment rules

8. Minnesota rules for divorce after making your last will

9. What happens if you don't have a will in Minnesota?

10.Last Will and Testament Minnesota Free Template

Requirements for a Minnesota Last Will and Testament 

  • Written will: A Minnesota last will and testament must be on paper to be legal. It cannot be audio, video, or other digital file forms. Minnesota doesn't allow Holographic wills.
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for a Minnesota last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Minnesota last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will within a reasonable time.

Who can be your witnesses for a Minnesota Last Will and Testament? 

Your witnesses for a Minnesota last will must follow these conditions:

  • Minnesota allows anyone competent to become a witness. 
  • They should be able to testify about what they saw and the will-making process.
  • It's better not to select beneficiaries as witnesses as the will could be challenged. 

Minnesota rules for a personal representative or an executor 

Choosing an executor for your Minnesota last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. Must be at least 18 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. Minnesota doesn't restrict people convicted of a felony from being executors.
  4. Minnesota allows you to choose someone out of state as your executor.

Last will and Testament Notarization in Minnesota 

There's no need to notarize your Minnesota last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Minnesota Last Will Revocation 

You could follow any of the following methods to revoke your Minnesota last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding.
  • Making a new legal will that revokes any part or the entire previous will.

What if you have more than one Minnesota will?

If it's not clear whether your new Minnesota will revoke the old one, the state will follow these rules:

  • It'll replace the old will if the new one has varying or contradictory terms to your previous Minnesota will.
  • The probate court assumes you wanted to revoke the previous will if the new one disposes of your entire estate.
  • If the new will doesn't dispose of the entire estate, it would be treated as a supplement to the old Minnesota will.

Minnesota Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Minnesota last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Minnesota rules for divorce after making your last will

  • Minnesota law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Minnesota will or remarry your ex.

What happens if you don't have a will in Minnesota?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children (Children you share with that spouse)


The spouse has no other children 

Spouse gets everything 

Has a spouse and children 

(Children you share with that spouse)


The spouse has children from another relationship 

Spouse gets the first $225,000 of your estate and one-half of the balance 




Children inherit the balance

Has a spouse and children 

(Children you share with someone else)

Spouse gets the first $225,000 of your estate and one-half of the balance 


Children inherit the balance

Last Will and Testament Minnesota Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Minnesota free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Minnesota last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Minnesota last will and testament. 

How can TrulyWill help with an online Will and Testament? 

TrulyWill is the perfect option to create a hassle-free online last will. You could go to the platform from your home's comfort and make your online will and testament. Online wills are a straightforward process; you should opt for them rather than spend hours in a lawyer's office. Furthermore, the process is pretty simple; you just add details, review for mistakes, read the guidelines, and download. That's it!

What else can TrulyWill do?

TrulyWill helps fulfill your varying needs for a will. You can opt for a simple last will and testament online or seek professional help. We offer everything from one-on-one legal support to solve your will issues.

Furthermore, you could opt for a trust-based plan depending on what suits you better. TrulyWill can help you figure out the process and help avoid substantial legal fees. So, you should go to the platform and get your online will in just a few minutes. 

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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Does my will dispose of all my assets?
A will would only dispose of the assets mentioned in it. You could decide which assets go to whom. However, it's always better to mention all your assets.
Do I need to have a certain amount of money to make a will?
No, there's no minimum limit of money you need to have to make your last will. It would dispose of any assets you leave to the beneficiaries.
Can my last will and testament be oral?
Only a few states consider an oral will legal only if it follows the rules. You would have to fulfill some criteria the state sets to be eligible to make an oral will. However, you shouldn't risk this to chance and create a solid, legal will on paper.
Can I write down my wishes and consider them a legal will?
Several states do not allow a self-written will unless you've followed the requirements. It would always be better to create a legal will by following all your state rules.
What would happen if someone passes away without a will?
The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.
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