A Minnesota Last Will and Testament is a legal document that provides a testator (the person to whom the will belongs) the ability to set forth instructions on how to distribute their estate among designated beneficiaries upon death. In their will, a testator may choose those who inherit certain property; typically, a testator’s beneficiaries are spouses, children, friends, blood relatives, and even charitable organizations. The testator may also name an executor or personal representative in order to appoint a trusted individual with carrying out the will. Under Minnesota law, a will requires the presence of two (2) witnesses at the time of execution and signing. Both witnesses will sign the will to affirm their acknowledgment of the testator’s signature. Though optional, a testator can have the document notarized to add an extra layer of legal protection. Wills may be amended or revoked at any time.
Table of Contents
Laws
Definitions – (§ 524.1-201(58)) – “Will” includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will.
Signing Requirements (Section 524.2-502) – Must be Witnessed by at least two (2) individuals.
Statutes – Chapter 524 (Uniform Probate Code)
(Video) How to Make a Will in Minnesota
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 (Optional) – 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.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF