Wills by state
How to Make a Will in Minnesota
What Minnesota law requires for a valid will, how signing works, and the details that trip people up — in plain English.
Minnesota will requirements at a glance
18+
You must be at least 18 and of sound mind.
2 witnesses
Two adult witnesses must watch you sign (or acknowledge) your will and sign it themselves. Witnesses generally should not be people who inherit under the will.
Not required for validity
A notary is not what makes the will valid — but notarizing a self-proving affidavit (below) is strongly recommended.
Available
A short notarized statement signed with your witnesses. It lets the probate court accept the will without tracking your witnesses down later.
Not recognized
Minnesota does not accept unwitnessed handwritten wills.
Estate tax
Minnesota levies its own estate tax in addition to the federal one, with a lower exemption than federal law.
Signing your will in Minnesota
- 1
Put your wishes in writing
Decide who inherits, who serves as your personal representative (executor), and who would care for minor children. Our guided questions walk you through every decision.
- 2
Gather two adult witnesses
Choose adults who don't inherit under the will. You sign (or acknowledge your signature) in front of them; they sign in front of you.
- 3
Add the self-proving affidavit
You and your witnesses sign a short sworn statement before a notary — usually in the same sitting. This one step saves your family from having to locate witnesses during probate.
- 4
Store it well and tell your executor
Keep the signed original somewhere safe and findable — a fireproof box at home beats a bank safe-deposit box your family can't open. Tell your executor where it is.
Minnesota specifics worth knowing
Minnesota follows the mainstream American rules for wills: a written document, signed by you and two witnesses, with a notarized self-proving affidavit as the recommended finishing touch. Our Minnesota documents include the correct execution pages and signing instructions for the state.
Minnesota will FAQs
Does a will need to be notarized in Minnesota?
No. In Minnesota, a will is made valid by your signature and two witnesses — not by a notary. However, adding a notarized self-proving affidavit is strongly recommended: it lets the probate court accept your will without needing your witnesses to testify later.
Can I write my own will in Minnesota?
You don't need a lawyer to make a valid will in Minnesota, but it must be properly executed: in writing, signed by you, and signed by two witnesses. Minnesota does not accept unwitnessed handwritten wills, so skipping the formalities means dying intestate — the state's default rules decide who inherits.
What happens if I die without a will in Minnesota?
Your estate passes under Minnesota's intestacy laws — a fixed priority list (usually spouse first, then children, then parents, then siblings). Unmarried partners, stepchildren, friends, and charities receive nothing under these defaults, and the court chooses your estate's administrator and your minor children's guardian without your input.
How much does a will cost in Minnesota?
An attorney-drafted will in Minnesota typically runs several hundred to a few thousand dollars. With Plan Your After you build your complete estate plan — will, trust, powers of attorney, living will, and HIPAA authorization — free, and pay $149 only when you're ready to finalize and download, including a year of unlimited updates.
This page is general information about Minnesota law, not legal advice, and laws change. For advice about your specific situation, consult a licensed Minnesota attorney.
Minnesota estate planning
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