Founding Attorney
Imagine leaving behind a clear plan that makes things easier for your loved ones, even during a challenging time. A will isn’t just about listing who gets what—it’s about making sure your wishes are respected and that your family avoids unnecessary complications. Without a legally valid will, those decisions may be left to the court instead of you. Creating a will that meets Minnesota’s legal requirements is a simple yet powerful step toward preserving your legacy.
Step 1: Meet Minnesota’s Legal Requirements for a Valid Will
In Minnesota, a will must meet specific criteria to be recognized as legally valid. By following these requirements, you help ensure your will is enforceable and that your wishes will be honored:
- Age Requirement: You must be at least 18 years old to create a valid will
- Mental Capacity: Minnesota requires that you be of sound mind, meaning you understand the nature of making a will, the extent of your assets, and who your beneficiaries are.
Additionally, Minnesota law requires that your will be:
- Written: Typed or printed wills are the standard. Video recordings or purely verbal instructions do not count. Minnesota also does not generally recognize handwritten (or “holographic”) wills unless they were legally executed in another state,
- Witnessed: To validate a will, two witnesses must be present when you sign or acknowledge the document. Having a signature on a will notarized will not be sufficient to meet the two witness requirement.
It should be noted that Minnesota now also recognizes electronic wills, provided they meet specific legal requirements. An electronic will must be signed with a qualified e-signature and securely stored to ensure authenticity. While traditional wills require in-person witnessing, electronic wills must also be witnessed according to Minnesota’s guidelines to be valid. Electronic wills offer a modern alternative but must still adhere to Minnesota’s standards to be accepted in probate court.
Step 2: Appoint a Personal Representative
Choosing a personal representative is a key step in making your will effective. This individual will be responsible for carrying out your wishes, managing assets, and settling debts after your passing. In Minnesota, your personal representative should be someone you trust to handle financial matters responsibly and respectfully. It’s best to select a reliable person who understands your intentions and is willing to take on the role. Many people choose a close family member or trusted friend, but you may also appoint a professional if you prefer an impartial party for this role.
Step 3: Specify Beneficiaries and Distribute Assets Clearly
Clearly designating beneficiaries is one of the most important aspects of a will. In Minnesota, clarity helps prevent disputes or misinterpretations. List each beneficiary specifically, whether they’re family, friends, or charities, and give detailed descriptions for sentimental items, like family heirlooms, to avoid confusion. For larger assets—such as bank accounts, retirement funds, or real estate—specify distributions in clear terms. It’s also wise to name alternative beneficiaries in case a primary one cannot inherit. This careful planning helps ensure your assets are distributed according to your wishes, reducing the chance of conflicts during probate.
Step 4: Sign the Will with Witnesses Present
In Minnesota, a will must be signed to be legally valid. For traditional wills, the testator can fulfill this requirement by personally signing their name. If the testator is unable to sign due to a physical disability, another person may sign on their behalf, as long as it’s done in the testator’s presence and at their direction.
In both traditional and electronic wills, the signing must be witnessed by at least two individuals who understand they are witnessing the signing of a will. Each witness must sign after seeing the testator sign or after the testator acknowledges the document as their will. For traditional wills, Minnesota law requires that all witnessing happen in person; remote witnessing via video calls, such as Zoom, is not permitted. However, electronic wills have specific requirements under Minnesota law, including qualified e-signatures and secure storage, to be considered legally valid.
Ideally, these witnesses should be “disinterested,” meaning they have no stake in the will, to avoid potential conflicts. While Minnesota does allow interested witnesses (beneficiaries named in the will), it’s generally best practice to have at least one disinterested witness. This ensures a stronger legal foundation and helps avoid future challenges to the will.
Step 5: Store and Review Your Will Regularly
Once your will is complete, store it in a safe, accessible place, such as a fireproof safe or with your attorney. Inform trusted family members or your personal representative where to find it. Life changes like marriage, divorce, or new family members may call for updates, so reviewing your will every few years is a good practice. By keeping your will current, you help ensure that it accurately reflects your wishes over time.
Begin Your Path to a Legally Valid Will with Unique Estate Law
Creating a valid will in Minnesota is a straightforward process that provides peace of mind. By following these steps, you ensure that your wishes are honored and your loved ones are protected. Ready to start? Contact Unique Estate Law today to discuss your estate planning needs and secure your legacy.