Question 1

What makes a will valid in Minnesota?

Accepted Answer

Any person 18 or older who is of sound mind may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's name, in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each within a reasonable time after seeing the testator sign or acknowledge the signature or the will.

Question 2

Is a handwritten will valid in Minnesota?

Accepted Answer

Minnesota has no separate rule for handwritten, unwitnessed wills; a will made in Minnesota must meet the two-witness requirement. A will is also valid if it was executed in compliance with the law of the place where it was signed, or where the testator was domiciled, had a place of abode, or was a national.

Question 3

Does a will need to be notarized in Minnesota?

Accepted Answer

A will can be made self-proved when it is signed, or at any later time, by the testator's acknowledgment and the witnesses' affidavits made before an officer authorized to administer oaths (such as a notary), using the statutory form.

Question 4

Who inherits if someone dies without a will in Minnesota?

Accepted Answer

The surviving spouse takes the entire estate if the decedent left no descendants, or if all of the decedent's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes the first $225,000 plus one-half of the rest, and the decedent's descendants share the balance. With no spouse, the estate goes to descendants by representation; if none, to parents; then to descendants of parents (siblings and their descendants); then half to paternal and half to maternal grandparents or their descendants; then to next of kin.

Question 5

What is a surviving spouse entitled to in Minnesota?

Accepted Answer

A surviving spouse may elect a percentage of the augmented estate based on length of marriage: 3% after 1 year, rising 3% per year to 30% at 10 years, then 4% per year to 50% at 15 years or more (under 1 year: supplemental amount only). If the spouse's total is under $75,000, a supplemental amount brings it up to $75,000. Homestead rights and family allowances are paid in addition.

Question 6

What is the small estate limit in Minnesota?

Accepted Answer

If the entire probate estate (less liens and encumbrances) is $75,000 or less, a successor may collect personal property (money owed, accounts, stocks, tangible property, safe deposit box contents, vehicles) by affidavit 30 days after death, with a certified death record, provided no application or petition for a personal representative is pending or granted. The affidavit procedure covers personal property, not real estate.

Question 7

Is there a simplified probate process in Minnesota?

Accepted Answer

Summary proceedings let the court close an estate summarily when all property is exempt, or when the gross probate value (excluding the exempt homestead and exempt property) is $150,000 or less and goes to the spouse's selection, family allowances and priority expenses and claims. A bond may be required.

Question 8

How does probate work in Minnesota?

Accepted Answer

Estates may be opened informally (by application to the court registrar) or formally (by petition and hearing), supervised or unsupervised. After appointment the personal representative receives letters, publishes notice to creditors, prepares an inventory within 6 months after appointment or 9 months after death (whichever is later) and files or mails it, sending copies to the spouse and residuary heirs, then pays claims, distributes the estate and closes it.

Question 9

How long do creditors have to file claims against an estate in Minnesota?

Accepted Answer

Creditors must present claims within 4 months after the first publication of the notice to creditors (for creditors served directly, the later of 4 months after publication or 1 month after service). Claims not presented are barred 1 year after death, with exceptions for certain state and county medical assistance claims.

Question 10

Who can be an executor in Minnesota?

Accepted Answer

Priority for appointment goes to the person named in the will, then the spouse who is a devisee, other devisees, the spouse, other heirs, and after 45 days a creditor. A person under 18 or found unsuitable by the court is disqualified. The statute sets no Minnesota-residency requirement. Bond is generally not required in informal proceedings unless the will requires it; in formal proceedings bond may be waived by the will, by written request of interested persons, or by the court.

Question 11

Does Minnesota allow transfer-on-death deeds?

Accepted Answer

Yes. A transfer on death deed must meet the requirements of a Minnesota deed (signed and acknowledged) and must be recorded before the owner's death in a county where the property is located. It is revocable, cannot be revoked by a will, and does not require delivery to or consent of the beneficiary. A statutory form is provided.

Question 12

What does a quitclaim deed need to be valid in Minnesota?

Accepted Answer

A deed must be legible, signed and acknowledged before a notary or other officer, and is recorded with the county recorder (or registrar of titles) in each county where the land lies. Deed tax is 0.33% of net consideration over $3,000 ($1.65 when there is no consideration or $3,000 or less). A certificate of real estate value is generally required for sales with consideration over $3,000, including by quitclaim deed.

Question 13

What are the requirements for a power of attorney in Minnesota?

Accepted Answer

Minnesota has a statutory short form power of attorney. The principal's signature must be acknowledged before a notary. It is durable only if the principal selects the statement that it continues if the principal becomes incapacitated.

Question 14

What are the requirements for a health care directive in Minnesota?

Accepted Answer

A health care directive must be in writing, dated, state the principal's name, be signed by a principal with capacity (or by someone authorized to sign for the principal), and be verified by a notary public or by two witnesses. The named agent may not witness or notarize, and at least one witness may not be a health care provider (or employee) giving direct care to the principal. A suggested, optional form is in statute.

Question 15

Does Minnesota have an estate or inheritance tax?

Accepted Answer

Minnesota has a state estate tax. The exclusion amount is $3,000,000 for decedents dying in 2020 and later.

Question 16

How do I make a living will in Minnesota?

Accepted Answer

Minnesota combines the living will and health care power of attorney into one 'health care directive.' A directive can contain health care instructions (such as wishes about life-sustaining treatment), appoint a health care agent, or both. To be legally sufficient it must be in writing, dated, state the principal's name, be signed by a principal with capacity (or by someone the principal authorizes), and be verified by a notary public or by two witnesses. A suggested optional form is printed in the statute.

Question 17

How do I make a medical power of attorney in Minnesota?

Accepted Answer

The 'health care power of attorney' part of a Minnesota health care directive names a health care agent (and alternates). The agent or alternate may not witness or notarize the directive, and at least one witness may not be a health care provider (or provider's employee) giving direct care to the principal; a notary may be a provider's employee. Unless related to the principal or the directive says otherwise, a health care provider attending the principal (or that provider's employee) cannot serve as agent, nor can the person the principal named to determine decision-making capacity.

Question 18

How do living trusts work in Minnesota?

Accepted Answer

Minnesota adopted the Minnesota Trust Code (Chapter 501C), based on the Uniform Trust Code, with one important difference: a trust is revocable only if its terms expressly say it is revocable. A revocable written trust can be revoked or amended by the method in the trust or, if that method is not exclusive, by another writing showing clear and convincing evidence of intent. An agent can revoke or amend only if the trust allows it or, if the trust is silent, under a power of attorney (other than the statutory short form) that expressly grants that power. Only property titled in the trust avoids probate.

Question 19

What does an executor have to do in Minnesota?

Accepted Answer

Notice to creditors is published once a week for two successive weeks after appointment, and creditors must present claims within four months after the notice; within three months after first publication, the personal representative must serve the notice on known creditors. The inventory is due within six months after appointment or nine months after death, whichever is later, and a copy goes to the surviving spouse, residuary distributees and anyone who requests it. An unsupervised estate may be closed by a sworn closing statement filed no earlier than four months after appointment, after all claims, expenses and taxes are handled, the estate is distributed, and an account is given to distributees.

Question 20

How do I get letters testamentary in Minnesota?

Accepted Answer

The personal representative is appointed by the district court (probate) in formal proceedings or by the registrar in informal proceedings. Before receiving letters, the representative qualifies by filing any required bond and an oath of office (a corporate representative files a statement of acceptance). Letters of appointment remain in force until one year after a closing statement is filed.

Question 21

Does Minnesota have an affidavit of heirship?

Accepted Answer

Minnesota has a 'determination of descent' proceeding rather than an heirship affidavit. If a person has been dead for more than three years, left real or personal property, and no will has been probated and no probate proceedings have been held in Minnesota, any interested person (or their successor) may petition the district court of the decedent's county of residence, or where the property is located, to determine the descent of the property and assign it to those entitled.

Question 22

How can you avoid probate in Minnesota?

Accepted Answer

Non-probate options include: transfer on death deeds for real estate, recorded before death (Minn. Stat. § 507.071); transfer-on-death titles for motor vehicles (Minn. Stat. § 168A.125); securities registered in transfer-on-death (beneficiary) form (Minn. Stat. § 524.6-302); a revocable trust (Minn. Stat. § 501C.0602); and collection of personal property by affidavit when the probate estate is $75,000 or less (Minn. Stat. § 524.3-1201).

Question 23

Where can I get a power of attorney form in Minnesota?

Accepted Answer

Minnesota has a "Statutory Short Form Power of Attorney" for general (financial) powers (Minn. Stat. 523.23); the principal's signature must be acknowledged before a notary public or other official, while the attorney-in-fact's acknowledgment and specimen signature does not need notarization. A health care directive must be signed by the principal (or an authorized person for the principal) and the signature verified either by a notary public or by witnesses; a named health care agent or alternate may not act as witness or notary, and at least one witness must not be a health care provider (or provider's employee) giving direct care to the principal, though a notary may be such an employee (Minn. Stat. 145C.03).

Question 24

How do I search probate court records in Minnesota?

Accepted Answer

The district court has jurisdiction over all subject matter relating to estates of decedents, including interpreting wills and determining heirs (Minn. Stat. 524.1-302, 524.1-201).

Question 25

How do I transfer a car title after someone dies in Minnesota?

Accepted Answer

If the vehicle was titled in transfer-on-death form, ownership vests in the surviving beneficiary, who applies for a new title with a certified death record. Otherwise, a surviving spouse who selects the vehicle from the estate's personal property, or an heir where the estate has not been and will not be probated, signs a notarized 'Assignment of a vehicle to a surviving spouse/not subject to probate' (PS2071), submitted with the completed Minnesota title, proof of death and the title and filing fees. If the estate is probated, the personal representative handles the transfer. Driver and Vehicle Services recommends completing these transfers at a deputy registrar office.

Requirements for a valid will	Any person 18 or older who is of sound mind may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's name, in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each within a reasonable time after seeing the testator sign or acknowledge the signature or the will. Source: Minn. Stat. §§ 524.2-501, 524.2-502
Handwritten (holographic) wills	Minnesota has no separate rule for handwritten, unwitnessed wills; a will made in Minnesota must meet the two-witness requirement. A will is also valid if it was executed in compliance with the law of the place where it was signed, or where the testator was domiciled, had a place of abode, or was a national. Source: Minn. Stat. §§ 524.2-502, 524.2-506
Self-proving affidavit	A will can be made self-proved when it is signed, or at any later time, by the testator's acknowledgment and the witnesses' affidavits made before an officer authorized to administer oaths (such as a notary), using the statutory form. Source: Minn. Stat. § 524.2-504

Probate steps	Estates may be opened informally (by application to the court registrar) or formally (by petition and hearing), supervised or unsupervised. After appointment the personal representative receives letters, publishes notice to creditors, prepares an inventory within 6 months after appointment or 9 months after death (whichever is later) and files or mails it, sending copies to the spouse and residuary heirs, then pays claims, distributes the estate and closes it. Source: Minn. Stat. §§ 524.3-706, 524.3-803
Simplified probate	Summary proceedings let the court close an estate summarily when all property is exempt, or when the gross probate value (excluding the exempt homestead and exempt property) is $150,000 or less and goes to the spouse's selection, family allowances and priority expenses and claims. A bond may be required. Source: Minn. Stat. § 524.3-1203
Small estate affidavit	If the entire probate estate (less liens and encumbrances) is $75,000 or less, a successor may collect personal property (money owed, accounts, stocks, tangible property, safe deposit box contents, vehicles) by affidavit 30 days after death, with a certified death record, provided no application or petition for a personal representative is pending or granted. The affidavit procedure covers personal property, not real estate. Source: Minn. Stat. § 524.3-1201
Deadline for creditor claims	Creditors must present claims within 4 months after the first publication of the notice to creditors (for creditors served directly, the later of 4 months after publication or 1 month after service). Claims not presented are barred 1 year after death, with exceptions for certain state and county medical assistance claims. Source: Minn. Stat. § 524.3-803
Who can be executor	Priority for appointment goes to the person named in the will, then the spouse who is a devisee, other devisees, the spouse, other heirs, and after 45 days a creditor. A person under 18 or found unsuitable by the court is disqualified. The statute sets no Minnesota-residency requirement. Bond is generally not required in informal proceedings unless the will requires it; in formal proceedings bond may be waived by the will, by written request of interested persons, or by the court. Source: Minn. Stat. §§ 524.3-203, 524.3-603
Finding probate court records	The district court has jurisdiction over all subject matter relating to estates of decedents, including interpreting wills and determining heirs (Minn. Stat. 524.1-302, 524.1-201). Definition of court: https://www.revisor.mn.gov/statutes/cite/524.1-201 Source: Minn. Stat. 524.1-302; 524.1-201(9)

Financial power of attorney	Minnesota has a statutory short form power of attorney. The principal's signature must be acknowledged before a notary. It is durable only if the principal selects the statement that it continues if the principal becomes incapacitated. Source: Minn. Stat. § 523.23
Health care directive	A health care directive must be in writing, dated, state the principal's name, be signed by a principal with capacity (or by someone authorized to sign for the principal), and be verified by a notary public or by two witnesses. The named agent may not witness or notarize, and at least one witness may not be a health care provider (or employee) giving direct care to the principal. A suggested, optional form is in statute. Source: Minn. Stat. §§ 145C.03, 145C.16
Official power of attorney forms	Minnesota has a "Statutory Short Form Power of Attorney" for general (financial) powers (Minn. Stat. 523.23); the principal's signature must be acknowledged before a notary public or other official, while the attorney-in-fact's acknowledgment and specimen signature does not need notarization. A health care directive must be signed by the principal (or an authorized person for the principal) and the signature verified either by a notary public or by witnesses; a named health care agent or alternate may not act as witness or notary, and at least one witness must not be a health care provider (or provider's employee) giving direct care to the principal, though a notary may be such an employee (Minn. Stat. 145C.03). Health care directive: https://www.revisor.mn.gov/statutes/cite/145C.03 Source: Minn. Stat. 523.23; 145C.03

Living will / advance directive	Minnesota combines the living will and health care power of attorney into one 'health care directive.' A directive can contain health care instructions (such as wishes about life-sustaining treatment), appoint a health care agent, or both. To be legally sufficient it must be in writing, dated, state the principal's name, be signed by a principal with capacity (or by someone the principal authorizes), and be verified by a notary public or by two witnesses. A suggested optional form is printed in the statute. Suggested form: https://www.revisor.mn.gov/statutes/cite/145C.16 Source: Minn. Stat. §§ 145C.03, 145C.16
Medical power of attorney	The 'health care power of attorney' part of a Minnesota health care directive names a health care agent (and alternates). The agent or alternate may not witness or notarize the directive, and at least one witness may not be a health care provider (or provider's employee) giving direct care to the principal; a notary may be a provider's employee. Unless related to the principal or the directive says otherwise, a health care provider attending the principal (or that provider's employee) cannot serve as agent, nor can the person the principal named to determine decision-making capacity. Source: Minn. Stat. § 145C.03, subds. 2, 3
Revocable living trust	Minnesota adopted the Minnesota Trust Code (Chapter 501C), based on the Uniform Trust Code, with one important difference: a trust is revocable only if its terms expressly say it is revocable. A revocable written trust can be revoked or amended by the method in the trust or, if that method is not exclusive, by another writing showing clear and convincing evidence of intent. An agent can revoke or amend only if the trust allows it or, if the trust is silent, under a power of attorney (other than the statutory short form) that expressly grants that power. Only property titled in the trust avoids probate. Source: Minn. Stat. § 501C.0602
Ways to avoid probate	Non-probate options include: transfer on death deeds for real estate, recorded before death (Minn. Stat. § 507.071); transfer-on-death titles for motor vehicles (Minn. Stat. § 168A.125); securities registered in transfer-on-death (beneficiary) form (Minn. Stat. § 524.6-302); a revocable trust (Minn. Stat. § 501C.0602); and collection of personal property by affidavit when the probate estate is $75,000 or less (Minn. Stat. § 524.3-1201). TOD deed statute and form: https://www.revisor.mn.gov/statutes/cite/507.071 Source: Minn. Stat. §§ 507.071, 168A.125, 524.6-302, 524.3-1201

Executor's duties	Notice to creditors is published once a week for two successive weeks after appointment, and creditors must present claims within four months after the notice; within three months after first publication, the personal representative must serve the notice on known creditors. The inventory is due within six months after appointment or nine months after death, whichever is later, and a copy goes to the surviving spouse, residuary distributees and anyone who requests it. An unsupervised estate may be closed by a sworn closing statement filed no earlier than four months after appointment, after all claims, expenses and taxes are handled, the estate is distributed, and an account is given to distributees. Creditor notice: https://www.revisor.mn.gov/statutes/cite/524.3-801; closing: https://www.revisor.mn.gov/statutes/cite/524.3-1003 Source: Minn. Stat. §§ 524.3-801, 524.3-706, 524.3-1003
Letters testamentary	The personal representative is appointed by the district court (probate) in formal proceedings or by the registrar in informal proceedings. Before receiving letters, the representative qualifies by filing any required bond and an oath of office (a corporate representative files a statement of acceptance). Letters of appointment remain in force until one year after a closing statement is filed. Source: Minn. Stat. §§ 524.3-601, 524.3-1003
Affidavit / determination of heirship	Minnesota has a 'determination of descent' proceeding rather than an heirship affidavit. If a person has been dead for more than three years, left real or personal property, and no will has been probated and no probate proceedings have been held in Minnesota, any interested person (or their successor) may petition the district court of the decedent's county of residence, or where the property is located, to determine the descent of the property and assign it to those entitled. Source: Minn. Stat. § 525.31
Transferring a car after death	If the vehicle was titled in transfer-on-death form, ownership vests in the surviving beneficiary, who applies for a new title with a certified death record. Otherwise, a surviving spouse who selects the vehicle from the estate's personal property, or an heir where the estate has not been and will not be probated, signs a notarized 'Assignment of a vehicle to a surviving spouse/not subject to probate' (PS2071), submitted with the completed Minnesota title, proof of death and the title and filing fees. If the estate is probated, the personal representative handles the transfer. Driver and Vehicle Services recommends completing these transfers at a deputy registrar office. DVS overview: https://dps.mn.gov/divisions/dvs/vehicle/vehicle-titles/deceased-relative-vehicle-title-transfer Source: Minn. Stat. §§ 168A.125, 524.2-403, 524.2-201; DVS form PS2071

Minnesota Wills, Probate and Estate Law

Quick answers for Minnesota

Wills

If there is no will

Probate

Deeds and transferring a house

Power of attorney and health care directives

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Planning documents and avoiding probate

Executors and heirs

Official Minnesota forms

Probate court and deed recording by county

Minnesota estate law FAQ

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