Minnesota Last Will and Testament Form

This Minnesota last will and testament template is a free, downloadable document that lets you (the testator) put your final wishes in writing under Minnesota's Uniform Probate Code. It names who receives your property and who carries out your instructions after you die.

Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Minnesota law. If you notice an error or outdated information, please contact us.

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A properly written last will and testament protects your loved ones and is a core part of estate planning.

Download the template below in PDF or Word, then follow Minnesota's signing and witness rules to make it valid.

Minnesota Will Laws and Requirements

To be legally valid, this Minnesota last will and testament template must follow the state's Uniform Probate Code. A valid will must be in writing and signed by the testator, or by someone else at the testator's direction and in the testator's conscious presence.[2] The testator must be 18 or older and of sound mind, free from undue influence, when signing.[1.1][1.2] At least two witnesses must sign the will within a reasonable time after witnessing the signing or the testator's acknowledgment.[2]

RequirementsState laws
StatutesChapter 524, Uniform Probate Code, Article 2, Intestate Succession and Wills
Definitions524.1-201 General Definitions
Signing requirementTwo witnessesMinn. Stat. § 524.2-502 [2]
Age of testator18 or olderMinn. Stat. 524.2-504 [1.1]
Self-proving affidavitAllowed (optional)Minn. Stat. 524.2-504 [1.1]

Attaching a self-proving affidavit lets your witnesses skip testifying in court during probate, which can speed up the process for your executor.[1.1]

Minnesota does not recognize oral wills, and it has no exception for unwitnessed handwritten (holographic) wills. A handwritten will is valid only when it meets the general rule: in writing, signed by the testator or by someone else in the testator's conscious presence and at the testator's direction, and signed by at least two witnesses (Section 524.2-502).[2.1]

You or your agent may deposit your will with any court for safekeeping, under the court's rules, and the court administrator charges a filing fee for the deposit (Section 524.2-515).[3.1]

A spouse cannot be fully disinherited: the surviving spouse of a person who dies domiciled in Minnesota has a right of election to take an elective-share percentage of the augmented estate, and that percentage rises with the length of the marriage (Section 524.2-202(a)).[4.1]

You can revoke all or part of your will by executing a later will that revokes it expressly or by inconsistency, or by performing a revocatory act with the intent to revoke (Section 524.2-507(a)).[5.1]

A contract not to revoke a will can be established only by the will's own provisions, by an express reference in the will plus outside evidence of the contract, or by a writing signed by you (Section 524.2-514).[6.1]

How to Write a Will in Minnesota

1. Think about your possible choices regarding the format. 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. The former is advised if you have a large estate. If you wish to make a will on your own, choose between two options. A fillable last will and testament template lets you fill in the blanks yourself, while a do-it-yourself builder makes a personalized will for you by asking a series of questions.

2. Specify your information. The first step is establishing you as the testator by writing your full name, along with the residential details (city, county, and state). Go through the information you wrote and check if everything’s correct.
Details specification section of last will template for Minnesota

3. Choose the executor (personal representative). Appoint the executor of your estate (524.3-203) and enter their full name and place of residence. Residence is usually in the same state as the testator, since many states place extra requirements on out-of-state executors.

Most individuals who create a will name their marriage partner, an adult child, a family member, a close friend, or a verified attorney to serve as their personal representative, although basically anybody can be nominated in a last will. Because your executor will be in charge of your assets, be sure you choose someone you can trust.

It could also happen that the main representative will be unable to execute your will due to a health problem, death, disinclination, or other reasons. If your named executor cannot serve, the court appoints a personal representative to handle those fiduciary duties in the order the law sets: usually your surviving spouse, then other beneficiaries or heirs (Section 524.3-203).[7.1] 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).

Your property distribution to beneficiaries can include:

  • Cash and shares
  • Real estate
  • Business ownership
  • Personal property
  • Money for unresolved debts

Please be aware that some assets cannot be distributed in the will, for example, life insurance and shared assets.
Beneficiaries specification and property allocation section of last will Minnesota

6. Continue with the witnesses putting the signatures at the end of the document. Under Minnesota law, a will must be signed by at least two witnesses to be valid.[2] Choosing a witness who isn't a beneficiary of the will avoids potential conflicts, but Minnesota law does not require it. Any individual who is generally competent to be a witness may witness your will, no minimum age is set, and the signing of a will by an interested witness does not invalidate the will or any provision of it (Section 524.2-505).[8.1]

Choosing a witness younger than you can also help make sure they're still available if your will is contested later. After a complete review of each section in your last will and testament, all signatories (you and the two witnesses) will have to write their names and full addresses and sign the document.
Signatures of witnesses part of Minnesota last will document

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Does Minnesota Require a Will to Be Notarized?

No. A Minnesota last will does not need to be notarized to be valid. It only needs to be in writing, signed by the testator, and signed by at least two witnesses.[2] Notarization becomes relevant only if you add a self-proving affidavit, which lets your witnesses skip testifying in court during probate.[1.1]

Frequently Asked Questions

What does it mean to be testamentary capable?

Testamentary capacity means the testator is legally and mentally able to make a valid will, both by age and by mental state, when they sign it. Under Minnesota law, this means the testator must meet three conditions at the time of signing:

  • 18 years of age or older
  • Of sound mind
  • Free from constraint or undue influence when signing

Being of sound mind means you understand your property and who your natural heirs are, and you grasp the effect of signing a will.[1.1][1.2]

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

It is not required in Minnesota, but it can help. A self-proving affidavit is signed by you and your witnesses in front of an officer authorized to take oaths, such as a notary, and it lets your witnesses skip testifying in court during probate.[1.1]

Can someone else sign my will for me?

Yes, but only in limited circumstances. If you are physically unable to sign your own will, Minnesota law allows someone else to sign your name for you, as long as they do so in your conscious presence and at your direction.[2] No one may sign, add to, or take away from your will without your direction.


Related documentsTimes when you might want to create one
CodicilThere are a few minor modifications you wish to make to your will.
Self-proving affidavitYou want to save time for your will's witnesses during probate.
Living willYou want to state your wishes concerning end-of-life treatment and life-prolonging measures.
Living trustYou would like to consider an alternative to a last will.

Last Will and Testament Forms for Other States

General information, not legal or tax advice.

Sources

  1. Minn. Stat. 524.2-504 §§ Minn. Stat. 524.2-504 to 524.2.
    • 1.1 Minn. Stat. 524.2-504
    • 1.2 § 524.2
  2. Minn. Stat. § 524.2-502
    • 2.1 § 524.2-502
  3. Minn. Stat. § 524.2-515
    • 3.1 § 524.2-515
  4. Minn. Stat. § 524.2-202
    • 4.1 § 524.2-202(a)
  5. Minn. Stat. § 524.2-507
    • 5.1 § 524.2-507(a)
  6. Minn. Stat. § 524.2-514
    • 6.1 § 524.2-514
  7. Minn. Stat. § 524.3-203
    • 7.1 § 524.3-203(a)
  8. Minn. Stat. § 524.2-505
    • 8.1 § 524.2-505
Published: Aug 20, 2022
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.

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