What a will does
A will (last will and testament) is a written, signed, and witnessed instruction to the probate court. It becomes effective only at death, and it controls property that is in your name alone at that time. In it, you can:
- Name the beneficiaries who receive your property, and in what shares.
- Nominate a personal representative (called an executor in many states) to gather assets, pay debts, and distribute what remains.
- Appoint a guardian for minor children and, if you wish, a separate conservator or trustee to manage what they inherit until they are old enough to handle it.
- Leave specific items to specific people, make charitable gifts, and set out what happens if a beneficiary dies before you.
What a will does not do
A will only reaches what passes through probate. Several kinds of property go around it:
- Accounts with a beneficiary designation
- Life insurance, IRAs, 401(k)s, and transfer-on-death or payable-on-death accounts pass to the person named on the form, regardless of what the will says.
- Jointly owned property
- A home or account held in joint tenancy with right of survivorship goes to the surviving owner automatically.
- Property in a living trust
- Anything titled in the name of a revocable trust is distributed under the trust's terms, not the will.
Dying without a will in Minnesota
If you die "intestate," Minnesota's statutes decide who inherits. A surviving spouse generally takes everything if all of your children are also your spouse's children; the shares are split if either of you has children from another relationship. Without a spouse or descendants, property moves out to parents, siblings, and more distant relatives. The court also chooses the guardian for your children and the personal representative for your estate, guided by the statute rather than by your preference.
Who should have a will
Almost every adult. A will matters most if you have minor children, own real estate, have a blended family, want to leave something to a friend or charity, or want anything other than the statutory default. Even people who rely on a living trust keep a short "pour-over" will to catch assets that were never moved into the trust.
Signing requirements
Minnesota requires that a will be in writing, signed by the person making it (the "testator"), and signed by two witnesses. A notarized self-proving affidavit is not required but is strongly recommended, because it allows the court to accept the will without tracking down the witnesses later. Holographic (handwritten, unwitnessed) wills are not valid in Minnesota.
Keeping a will current
Review your will after a marriage, divorce, birth, adoption, death in the family, a move to another state, or a significant change in what you own. Changes are made by signing a new will or a formal amendment called a codicil; handwritten edits on the original are not effective and can invalidate the document.
Common questions
Do I need a lawyer to write a will?
Not legally, but form wills are a frequent source of probate litigation because of vague wording, missed signing formalities, or property the form did not anticipate. An estate planning attorney drafts the document to fit Minnesota law and the rest of your plan.
Can I name a guardian for my children in my will?
Yes. A will is the standard place to nominate a guardian for minor children in Minnesota. The court gives significant weight to a parent's nomination, though it retains authority to act in the child's best interest.
Where should I keep the original will?
In a safe, accessible place your personal representative knows about. Our office can discuss safekeeping options. Do not keep the only copy in a safe deposit box that no one else can open.
Does a will avoid probate?
No. A will is the instruction manual for probate. To avoid probate for most assets, people generally use a revocable living trust together with beneficiary designations.
This page is general information about Minnesota and federal law as it relates to wills. It is not legal advice for your situation. Laws and tax thresholds change; confirm current figures with the office before acting.