The Minnesota Last Will and Testament is considered a legal document whereas a testator (the person who will be creating the document/form) will have the ability to set forth into writing how they would choose to have their property distributed to their chosen beneficiaries upon their death. Some of the most important items for distribution may be, life insurance policies, digital property, real estate, personal property, fiduciary assets and more. Any of these items would be included for distribution to spouse, children, friends, even charities. The document will require notarization and the signatures of two separate witnesses.
Definitions – § 524.1-201(58)
Laws – Chapter 524 (Uniform Probate Code)
Signing (Section 524.2-502) – Must be Witnessed by at least two (2) individuals.
How to Write
Step 1 – Establishment of a Testator -Write or type the full legal name of the testator (the person for whom the will is being created) at the top of the document. Enter the following:
- Name of Testator
- City of Residence
- County of Residence
- Testator must carefully review the remainder of the paragraph as well as the Expenses and Taxes section
Step 2 – Nomination and Appointment of Personal Representative (Executor)–
- Enter the full legal name of the executor
- Name of executor’s city
- County
- State
Alternate Executor – just in the event the initial representative becomes ill, unable or unwilling to serve as the initial chosen representative to the estate for whatever reason
- Enter the full legal name of the alternate executor
- Name of executor’s city
- County
- State
Step 3 – Disposition of Property to Beneficiaries –
1 st Beneficiary
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of their SSN
- Enter the property being bequeathed
- AND
2nd Beneficiary –
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of SSN
- Enter the property being bequeathed
- AND
3d Beneficiary –
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of SSN
- Enter the property being bequeathed
The Testator must carefully review the remaining information pertaining to how property is distributed in the event any member of their group of beneficiaries might pre-decease the testator.
Step 4 – Testator must carefully review the following sections prior to any application of signatures:
- Omission
- Bond
- Discretionary Powers of Personal Representative A through K
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures/Witnesses – All signatories must be present prior to any signing of this documentation. Enter the following:
- Enter the testator’s name
- Date of testator’s signature in dd/mm/yyyy format
- Testator Signature
- Testator (Printed Name)
Witnesses – The witnesses must review the brief statement and provide the following –
- Date the document in dd/mm/yyyy format
- Enter the name of the testator
Witness 1 –
- Witness Signature
- Address
Witness 2 –
- Witness Signature
- Address
Step 6 – Testament Affidavit – All parties must review the affidavit and enter the following:
- State
- County
- Name of testator
- Name of Witness 1
- Name of Witness 2
- AND ENTER
- Testator Signature
- Witness 1 Signature
- Witness 2 Signature
Step 7 – Notarization – Once the notary public has witnessed all signatures they shall then complete the remainder of the document and authenticate it by affixing their state seal.
