Requirements for a Legal Will in Minnesota

By Joseph Nicholson

Anyone at least 18 years of age and of sound mind can execute a will in Minnesota. The state does not recognize oral or unwitnessed wills executed in the state, but will consider such wills if validly executed in a different state..

Anyone at least 18 years of age and of sound mind can execute a will in Minnesota. The state does not recognize oral or unwitnessed wills executed in the state, but will consider such wills if validly executed in a different state..

Execution

A will executed in Minnesota must be in writing, and it must be witnessed. It must be signed by the testator, the person making the will, or by someone else at his express direction. A court-appointed conservator can also sign the will on a testator’s behalf. If referenced in a will, property other than money or property used in business can be disposed of by a separate written document or list.

Protect your loved ones. Start My Estate Plan

Witnesses

A will needs two witnesses present at the time of signing. The witness must be a credible person, generally anyone of sound mind and without felony convictions or crimes of moral turpitude. The witnesses can be individuals who receive property or other consideration under the will. They must sign the will within a reasonable time of witnessing the testator’s signature.

Foreign Execution

A will executed in a state other than Minnesota will be recognized so long as it would have been valid in the state in which it was executed at the time of execution. If the testator dies in a state other than where the will was executed, the will is valid in Minnesota if the will would have been valid in either the state of its execution or where the testator had his residence at the time of death.

Self-Proved Will

A will can be made self-proving by having the witnesses execute notarized affidavits. The purpose of a self-proving will is to make it unnecessary to have the witnesses appear in court to verify the authenticity of a will. A will can also be deposited in a court for safekeeping during the testator's lifetime according to its local rules, but it must remain sealed and confidential.

Protect your loved ones. Start My Estate Plan
Are Holographic Wills Legal in the State of Tennessee?

References

Resources

Related articles

What Is a Legal Will in the State of North Carolina?

Wills in North Carolina can take many forms, depending on the circumstances. However, for each form of will to be declared valid by a North Carolina probate court, the will must conform to the requirements of the North Carolina state code Chapter 31 for the type of will being used.

What Is a Legal Will in Texas?

A legal will in Texas is one that satisfies the requirements of the Texas Probate Code, especially sections 57 to 71. These Texas statutes describe who can make a will, what can be done with a will and the process for making a will valid. A will can be revoked under Texas law by the creation of a subsequent valid will or codicil, or by the testator destroying the physical copies of the will. And, though not required, a will can be deposited with the clerk of the testator's county of residence for safekeeping during his lifetime.

Handwritten Last Will & Testaments

Each state has its own laws on what constitutes a valid last will and testament. In most states, a will must be in writing, but whether it is typed or handwritten generally doesn't matter if the will meets all the other requirements for validity in the state. About half of states, however, recognize a special type of handwritten will.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Legal Requirements of Wills in Delaware

Delaware will laws are set forth in the Delaware Code. To be recognized as valid in Delaware, a will need not be ...

Is it Legal to Handwrite a Will in Minnesota if You Get it Notarized?

A handwritten will may also be known as a holographic or olographic will. Some states recognize a handwritten will as ...

Is a Notary Needed for a Will to Be Legal?

The requirements of a valid will are determined by state law. Usually a will is subject to the laws of the state in ...

Define a Legal Last Will & Testament in Tennessee

Like all states, Tennessee has laws that outline how a will must be executed in order for it to be legal. Tennessee's ...

Browse by category
Ready to Begin? GET STARTED