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..


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.


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.

Protect your loved ones. Start My Estate Plan

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?



Related articles

Are Out-of-State Wills Considered in Florida Probate?

Out-of-state wills can be filed for consideration in Florida probate court, but they may not always be held valid and enforced. According to the Florida Statutes, the will must be valid according to the state in which it is executed. Additionally, however, Florida does not recognize certain types of wills even if they are valid where executed.

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 executed in the state, nor convey assets located in the state, but only need to be valid according to the laws of the place in which it was executed at the time of execution or in the state in which the testator lived at the time of death. Any person over the age of 18 of sound mind can execute a will in Delaware.

Can a Power of Attorney Sign a Will?

A power of attorney grants one person the legal authority to act on behalf of another for certain purposes, which are usually stated in the document granting power of attorney. However, a person with power of attorney cannot take some actions on behalf of another, including signing the other person's will on her behalf.

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

Related articles

Is a Hand-Written Notarized Will Legal?

Your will can direct the distribution of your property after your death, name someone you trust to manage your estate ...

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 ...

Does a Power of Attorney Require Notarization?

Notarizing a legal document, such as a power of attorney, involves using the services of a notary public to ...

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 ...

Browse by category
Ready to Begin? GET STARTED