How to Make a Valid Will in Minnesota
What Minnesota law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short 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… Minn. Stat. §§ 524.2-501, 524.2-502
| 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. |
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| 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. |
| 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 |
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FAQ
What makes a will valid in Minnesota?
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.
Is a handwritten will valid in Minnesota?
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.
Does a will need to be notarized in Minnesota?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.