State requirements
Making a will in Minnesota
Minnesota requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Minnesota adopted the Uniform Probate Code (UPC). Minnesota does NOT recognize holographic wills. Minnesota is NOT a community property state but has augmented estate elective share.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | Minn. Stat. § 524.2-501 | 18+ and of sound mind |
| Execution Requirements | Minn. Stat. § 524.2-502 | Written, signed, 2 witnesses |
| Self-Proving | Minn. Stat. § 524.2-504 | Available with affidavit |
| Elective Share | Minn. Stat. § 524.2-202 | Up to 50% of augmented estate |
Execution Requirements
MINNESOTA WILL REQUIREMENTS (UPC):
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more individuals within reasonable time
UPC FLEXIBILITY:
- Witnesses need NOT sign in testator's presence
- "Reasonable time" is flexible
⚠️ NO holographic wills recognized
Elective Share
MINNESOTA ELECTIVE SHARE (UPC):
- Percentage based on length of marriage
- Up to 50% of augmented estate for 15+ year marriages
- Augmented estate includes probate + non-probate transfers
Self-Proving Affidavit
Minnesota allows self-proving wills under Minn. Stat. § 524.2-504.
Minnesota Estate Tax
MINNESOTA ESTATE TAX:
- Minnesota has state estate tax
- $3 million exemption
- Rates from 13% to 16%
Checklist for Minnesota Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
- •[ ] Elective share rights considered
Minnesota will questions, answered
Can I make a will online in Minnesota?
Yes. Minnesota does not require a lawyer to draft a will. A will created online is valid in Minnesota when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Minnesota?
Minnesota requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Minnesota require a will to be notarized?
No. Witnesses make a will valid in Minnesota, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Minnesota?
No. Minnesota does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Minnesota?
A valid Minnesota will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Minnesota law, not legal advice. Statutes change — verify current requirements or consult a licensed Minnesota attorney for complex situations.