Minnesota wills
How to make a will in Minnesota
What Minnesota law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Minnesota will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Allowed, but best avoided |
| Handwritten (holographic) wills | Not valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Allowed |
| Witnesses by live video | Allowed, with conditions |
| Online notarization for wills | Yes, within limits |
| File your will with the court while living | Available |
| State estate or inheritance tax | Estate tax over $3,000,000 |
How to sign a will in Minnesota
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (Minn. Stat. 524.2-504 (affidavits made 'in the presence of' an officer authorized to administer oaths))
- Store the original safely and tell your executor where it is. Minnesota also lets you deposit your will with the probate court for safekeeping.
Who can make a will
Anyone 18 or older and of sound mind.
Witness rules
Signed by at least 2 individuals, each of whom signed within a reasonable time after witnessing the testator's signing or acknowledgment (Minn. Stat. 524.2-502). Since 2023, 'presence' includes real-time sight-and-sound electronic presence (524.1-201).
If a witness inherits: No effect: signing by an interested witness does not invalidate the will or any provision (Minn. Stat. 524.2-505(b)).
Handwritten wills
Not recognized: 524.2-502 has no holographic exception.
Self-proving affidavit
Minnesota lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (Minn. Stat. 524.2-504 (affidavits made 'in the presence of' an officer authorized to administer oaths))
Can I sign my will online in Minnesota?
Yes, electronic wills are allowed. A witness in electronic presence must be located in a U.S. state and communicate with the testator simultaneously by sight and sound. An electronic will must be retrievable in perceivable form and capable of verification that it has not been altered since signing. A certified paper copy can substitute for the original. (2023 Minn. Laws ch. 21 (Minn. Stat. 524.1-201 definitions of electronic will, presence, signed, witnessing and writing; 524.2-518 certified paper copy))
In effect since 2023-08-01 (default effective date; the act has no effective-date clause).
Online notarization: In 2023 the self-proving affidavit was changed from 'before' to 'in the presence of' an officer, and presence now includes electronic presence; 358.645 also defines 'in the presence of' to include communication technology. (Minn. Stat. 358.645 (2018 c 176))
Online notary services such as Proof can host a signing session with a notary and, for a fee, witnesses (published prices start at about $25 per notarization plus $15 per witness). Before you sign, confirm the service supports will signings under Minnesota law, and keep the signed original as the law requires. How online will signing works.
Good to know in Minnesota
Witnesses may attend by live video, but each must be physically in a U.S. state. The 2026 Uniform Electronic Estate Planning Documents Act (2026 Minn. Laws ch. 45, Minn. Stat. ch. 533, eff. 2026-08-01) covers trusts, POAs and similar documents, not wills.
Estate and inheritance taxes
Minnesota has a state estate tax on estates worth more than about $3,000,000 (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Minnesota will questions
Does a will need to be notarized in Minnesota?
No. Two witnesses make a Minnesota will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Minnesota?
Not recognized: 524.2-502 has no holographic exception.
Can a beneficiary witness a will in Minnesota?
No effect: signing by an interested witness does not invalidate the will or any provision (Minn. Stat. 524.2-505(b)).
Can I make a will online in Minnesota?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Minnesota also allows electronic wills, and witnesses can take part by live video under conditions in state law.
Does Minnesota have an estate or inheritance tax?
Minnesota has a state estate tax on estates worth more than about $3,000,000 (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
- Minn. Stat. 524.2-501 Who may make a will
- Minn. Stat. 524.2-502 Execution; witnessed wills
- Minn. Stat. 524.2-504 Self-proved will
- Minn. Stat. 524.2-505 Who may witness
- Minn. Stat. 524.2-515 Deposit of will with court
- 2023 Minn. Laws ch. 21 (electronic wills)
- 2026 Minn. Laws ch. 45 (Uniform Electronic Estate Planning Documents Act)
- Minn. Stat. 358.645 Remote online notary public
- MN House: New law on electronic estate planning documents (2026)
Last reviewed October 24, 2026 against Minnesota statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Minnesota attorney.
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