State requirements
Making a will in Minnesota
Minnesota lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
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?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Minnesota requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Minnesota?
Minnesota requires 2 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?
Notarization and witnessing serve different purposes. Check the rules for your particular Minnesota document; neither action alone establishes validity. 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?
Minnesota sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Minnesota source above and get local help for your circumstances.
Keep reading
All guides →Your Minnesota wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Minnesota law, not legal advice. Statutes change — verify current requirements or consult a licensed Minnesota attorney for complex situations.