Free Minnesota Last Will and Testament Form

A will is a document containing the last will of its creator (testator) and deciding precisely how and by whom his or her property will be used in the event of death. It is typically a great idea to create a last will and testament.

An elaborate and appropriately written last will and testament is often essential to those you love and your relatives upon your passing even if you don’t possess a large amount of estate.

In this article, you can find a Minnesota last will and testament form for download and the details intended to eliminate your smallest doubts pertaining to property planning, varieties of last will, and the ways to make a sound document.


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Minnesota Last Will Laws and Requirements

Requirements State laws
Statutes Chapter 524 – Uniform Probate Code; Article 2 – Intestate Succession and Wills
Signing requirement Two witnesses 524.2-502 EXECUTION; WITNESSED WILLS
Age of testator 18 or older 524.2-501 WHO MAY MAKE A WILL
Age of witnesses 18 or older 524.2-505 WHO MAY WITNESS
Self-proving wills Not allowed 524.2-504 SELF-PROVED WILL
Handwritten wills Recognized if witnessed according to the state law 524.2-502 EXECUTION; WITNESSED WILLS
Oral wills Not recognized
Holographic wills Not recognized
Depositing a will Possible with a Minnesota county probate court A fee is $27 524.2-515 DEPOSIT OF WILL WITH COURT IN TESTATOR’S LIFETIME

Rule 418.Deposit of Wills

How to Write a Minnesota Last Will

  1. Think about your possible choices. Before starting, it’s best to determine if you’d like to use the services of a legal professional or do the whole document on your own. In the event that you wish to make the last will on your own, select the type you’ll go for: a handwritten will or perhaps a free last will and testament form.
  2. Specify your information. The first step is establishing the testator by writing their full name, along with the residential details (city, county, and state). Go through the information you wrote as well as the rest of the passage, including “Expenses and Taxes.”
    Details specification section of last will template for Minnesota
  3. Choose the executor (or executrix). Appoint the executor of your estate and enter their specifics: full name and place of residence, which will ordinarily be in the same state the testator lives for the reason that almost all states enforce special regulations on out-of-state executors. It could happen that the main representative will be unable to execute your will due to a health problem, death, disinclination, or other reasons. In this case, the court will probably appoint its own agent to handle the duties. In order to avoid that, it’s possible to choose an alternate executor by indicating the same particulars you did for the first one.
    Executor choosing section of Minnesota will and testament
  4. Determine the guardian (optional). Should you have underage or dependent children and do not want the court to select a guardian for them when you’re no longer here, it’s possible to specify a friend or acquaintance as a guardian for your children.
    Appointing the guardian section of a Minnesota last will form
  5. Indicate your beneficiaries. Now indicate all those to whom you leave your estate, that is, your beneficiaries. Write their full names, addresses, and your relationship to them (e.g., spouse, child, friend).
  6. Allocate possessions. If you have a property distribution planned that is not equal, you can describe it in this part. Cash, shares, realty, business ownership, money for unresolved debts, as well as any tangible things of monetary worth you possess can be brought up in your last will. Please be aware that there are things that can’t be distributed in the will, for example, life insurance and shared and living will assets.
    Beneficiaries specification and property allocation section of last will Minnesota
  7. Continue with the witnesses putting the signatures at the end of the document. In accordance with the Minnesota legislation, for a will to be considered legally correct, it must be signed by two witnesses. Only somebody who is not your beneficiary and is of 18 years or older could be selected as a witness. As a possible additional safety measure against situations when your will is contested or some other problems, it’s advisable to name a witness who is younger than you to ensure they will be there after you die. After a complete review of each section in your last will and testament, all signatories (you and your two witnesses) will have to write their names and full addresses and sign the will.
    Signatures of witnesses part of Minnesota last will document

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Other Minnesota Forms

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Frequently Asked Questions

What's the primary difference between 'Power of Attorney' and 'Executor'?

The principal difference between these two documents is that when you depart this life, the agent you assign via power of attorney loses their official authority to handle any matters in your stead. There are two principal ones on the list of power of attorney varieties:

  • General power of attorney – lets you appoint a proxy (agent) who will have the ability to take care of your financial and legal affairs instead of you. However, this document becomes void if the PoA author passes away or becomes incapacitated.
  • Durable power of attorney – grants the same authority to the proxy as the previous type but continues to be effective even when the individual on behalf of whom the agent acts becomes disabled.

An executor is someone you name in your last will to handle your matters once you die. It is possible to assign the same person to act as an attorney-in-fact and will executor.

Should I notarize my last will in Minnesota for it to be effective?

A last will and testament in Minnesota is effective without notarization. Even so, you could make your last will self-proving by adding an affidavit to the document, and you will have to hire a notary public if you want to do that. Making your will self-proving can be quite a great idea since it speeds up the probate and provides yet another level of certainty should the will’s legitimacy is doubted.

IMPORTANT: Even though notarization is not required for last wills in Arizona, signing a will in front of a notary public usually helps facilitate the probate.

For any holographic will to become legally binding, you have to handwrite the whole document, put the date of creating, sign it, and have it witnessed according to the state law. Bear in mind that this type of a last will is often made when there isn’t any other alternative and is normally substituted with a more comprehensive document created by using a fillable will form or attorney. A correctly detailed will might be better for the future probate process because holographic wills could include unclear conditions that can easily impede probate and make it more pricey and/or more challenging to enforce.

An attested last will is a typewritten document, generally based on a fillable form obtainable online or prepared through the help of a legal professional. You would need to have two witnesses (18 years or more) sign the will in your presence for it to be considered valid. In some states, you would have to notarize it, but in Minnesota, it isn’t necessary.

Exactly what does it mean to be testamentary capable?

Testamentary capacity is used to describe the testator’s (the individual creating the will) legal and mental capacity (sound mind) to write and alter their last will.

There are usually two requirements to meet: soundness of mind and age. In the majority of states, you have to be over 18 years old in order to create a last will. Being of sound mind translates that you are conscious of your property as well as the heirs of your possessions and realize the consequences of your actions.

Should I include a self-proving affidavit to my will in Minnesota?

It is not strictly necessary in Minnesota. Yet, in case you make a decision to attach a self-proving affidavit, it will be very advantageous because the document functions as an alternative for in-court testimony of witnesses in the course of probate.

Is it possible to disinherit your child or spouse?

Minnesota is not a community property state (also known as marital property). That is a form of interest documentation provided by the law that claims that 1/2 of all assets (and this includes debts) of one marriage partner belong to another and remain such on divorce.

According to, in 2018, the Minnesota divorce rate was 7.1 per 1,000 women over 15 years old, which is a bit lower than the US average divorce rate (7.7) in the same period.

Minnesota law allows you to disinherit your marriage partner, but the latter will have the right to possess some minimum number of your belongings.

With regard to other members of your family, it is possible to legally disinherit anyone else. Your adult children or other members of the family can be legally disinherited totally in your last will. For doing that, include corresponding sections to the will.

Can my last will be modified without my agreement?

No, it can not be done. There’s only one situation when a 3rd party is permitted to get involved. In case you’re physically unable to sign your last will and testament, another person is allowed to do so instead of you but only in your presence.

Can a signed, typewritten last will and testament be changed in Minnesota?

Yes, it’s possible.

In accordance with Minnesota law, it’s possible to alter or revoke the last will and testament in case you’re not bound by a legal agreement stating otherwise.

Also, it’s a good idea to review your will as you experience a significant life event, such as:

  • A child has been adopted or born
  • Marriage or divorce
  • Real estate or a considerable piece of property has been sold or purchased
  • Great changes in your financial position

What will happen when I lose my will?

Minnesota law says that a last will can be recognized in case it’s lost or destroyed. However, nothing but the initial version of the last will and testament can be accepted by the probate court.

As outlined by Minnesota law, the will’s absence may be regarded as its annulment. That suggests that the executor should prove the last will and testament’s credibility, which may be very complicated.

For holographic last wills, the situation can become a lot more complicated because sworn witnesses and testimony will be demanded. Furthermore, you will also have to provide evidence as to why the last will and its elements cannot be produced in ways that will also prove it wasn’t revoked.

In case I'm physically unable to sign my will, what do I have to do?

Solely per your directive and in your presence can another person sign your last will (See Minnesota Estate Code). You can give a corresponding directive by several means, which include voice communication, a positive response to a query, or gesticulation.

A notary is allowed to sign the testator’s name if the testator cannot do it on account of physical incapacity. The notary public must be directed to perform it with a witness present. Such a witness is selected just like one would choose a trustee – they cannot have any legal or equitable interest in any property being the subject of or influenced by the will.

Related documents Times when you might want to create one
Codicil There are a few minor modifications you wish to make to your will.
Self-proving affidavit You want to save time and money for your will’s witnesses.
Living will You want to state your wishes concerning the end-of-life treatment and life-prolonging measures.
Living trust You would like to consider an alternative to a last will.
Published: Sep 16, 2020
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.