Make a Minnesota Last Will and Testament

Minnesota State Last Will and Testament Laws

Definition of Will - §524.1-201(58)

Laws - Chapter 524: Uniform Probate Code

Witnesses - According to Section 524.2-502, the Will must be signed by two (2) witnesses.

A Sample Minnesota Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Choose your marital status from one of the following options:

• Single
• Married
• Separated
• Divorced
• Widowed

If you do not identify as single, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance policies, provide that information here.

Step 5 - List the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or for someone with a disability, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Enter what age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets to trust beneficiaries once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian to care for them in the event you pass away, provide the following information below for them as well as for an alternative guardian and/or conservator:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

Remember that you need two witnesses to sign your will at the same time that you sign it. Only when it is signed by you and both witnesses is it considered legally executed.

Why do you need a Minnesota last will and testament form?

Creating a last will and testament in Minnesota is an important step in the estate planning process. By having a will, you can be sure that any real estate, personal property, digital property, vehicles, or any other assets are accounted for upon your death. A last will and testament allows for you to name an executor that can carry out the wishes outlined in your will. You can leave property to a spouse, children, friends, charities, or anyone else of your choosing. It is important to write your will so that all of your intentions can be fulfilled. You can also include a “catch-all” clause in your will to include any assets that are not specifically addressed. Anything not included in a will may be distributed by an executor after gaining the approval of the probate court.

The benefits of having a will

There is no legal requirement in the State of Minnesota to create a Last Will and Testament. However, there are many benefits to having one.

• Having a will in place means that any distribution of your personal property
• Allows you to appoint someone to take over the guardianship of minors
• You can make charitable donations
• You can explain your wishes for the care of your pets
• You can name an executor in your will who will be responsible for carrying out your wishes
• An expedited probate process is available for estates worth less than $50,000.

The costs of not having a will

In the State of Minnesota, if you die without a will, laws of intestacy are invoked, meaning that the probate court will decide the distribution of your property. Generally, without a will in Minnesota, a spouse will inherit the entirety of any estate left behind. If there are dependents from a different relationship than the surviving spouse, the spouse would inherit $150,000 plus half of the balance of the estate with the rest going to any descendants. If there is no surviving spouse or children, the next closest relative will inherit the estate. If there are no relatives found, the State of Minnesota becomes the beneficiary of the estate.