How to Make a Will in Minnesota (2026 Guide)

A will made in Minnesota must be signed by you and by 2 witnesses to be valid. Yes (Minn. Stat. § 524.2-504). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Minnesota will covers, generated from the same rules.

Make my free Minnesota will

Minnesota will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Minn. Stat. § 524.2-502
Financial POA statute	Minn. Stat. § 523.01 et seq. (powers of attorney); statutory short form at § 523.23
Healthcare directive statute	Minn. Stat. ch. 145C (health care directives); suggested form at § 145C.16

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Minn. Stat. § 524.2-502(a)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Minn. Stat. § 524.2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Do you need a notary in Minnesota?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Minn. Stat. § 524.2-504). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Minnesota

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Minn. Stat. § 524.2-502(a)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Minn. Stat. § 524.2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Minn. Stat. § 524.2-504). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Minnesota allows a testator (or the testator's agent) to deposit a will with the district court for safekeeping during the testator's lifetime; it is kept confidential and released only to the testator or, after death, to the named personal representative (Minn. Stat. § 524.2-515). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 3% after one year to 50% after fifteen or more years (Minn. Stat. § 524.2-202), plus the homestead, exempt property and family allowance (Minn. Stat. §§ 524.2-402 to 524.2-404).

Homestead

Minnesota restricts devising the homestead. If the decedent leaves descendants, the surviving spouse takes a life estate in the homestead regardless of the will (unless the spouse consents in writing to a different devise); if there are no descendants, the spouse takes the homestead outright (Minn. Stat. § 524.2-402). The homestead is also exempt from most creditors (Minn. Stat. § 510.01).

If you die without a will in Minnesota

If you die without a will in Minnesota, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's and the spouse has no other descendants. If either you or your spouse have descendants who are not the other's, the spouse takes the first $225,000 plus half of the balance (Minn. Stat. §§ 524.2-102, 524.2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in Minnesota

• Durable financial power of attorney: Minn. Stat. § 523.01 et seq. (powers of attorney); statutory short form at § 523.23. A power of attorney must be signed by the principal (or by another adult in the principal's presence at the principal's direction) and the signature must be acknowledged before a notary public or other officer authorized to take acknowledgments (Minn. Stat. § 523.01). The statutory short form must be in substantially the statutory wording to receive statutory protections (Minn. Stat. § 523.23). Witnesses are not required; two adult witnesses are recommended. Record it with the county recorder or registrar of titles before using it for real estate.
• Advance healthcare directive: Minn. Stat. ch. 145C (health care directives); suggested form at § 145C.16. A health care directive must be dated and signed by the principal and either signed by two adult witnesses or acknowledged before a notary public (Minn. Stat. § 145C.03). The appointed health care agent may not be a witness, and at least one witness may not be a health care provider providing direct care to the principal or an employee of such a provider (Minn. Stat. § 145C.03, subd. 2). The suggested statutory form is optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Minn. Stat. § 524.2-513).

Minnesota notes

• The Minnesota homestead cannot be left away from a surviving spouse without the spouse's written consent; the spouse takes at least a life estate in it if you leave descendants (Minn. Stat. § 524.2-402).
• Minnesota does not recognize holographic (unwitnessed handwritten) wills.

Frequently asked questions

How many witnesses does a will need in Minnesota?

Minnesota requires 2 witnesses (Minn. Stat. § 524.2-502). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Minn. Stat. § 524.2-502(a)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Minn. Stat. § 524.2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Does a will need to be notarized in Minnesota?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Minnesota have a self-proving affidavit?

Yes (Minn. Stat. § 524.2-504). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Minnesota?

Minnesota does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Minnesota?

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 3% after one year to 50% after fifteen or more years (Minn. Stat. § 524.2-202), plus the homestead, exempt property and family allowance (Minn. Stat. §§ 524.2-402 to 524.2-404).

What happens if I die without a will in Minnesota?

If you die without a will in Minnesota, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's and the spouse has no other descendants. If either you or your spouse have descendants who are not the other's, the spouse takes the first $225,000 plus half of the balance (Minn. Stat. §§ 524.2-102, 524.2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in Minnesota?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (Minn. Stat. §§ 524.2-517, 524.3-905).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.