Minnesota Will and Trust Laws: Witnesses, Remote Signing (2026)

In Minnesota, any person 18 or older who is of sound mind may make a will (Minn. Stat. 524.2-501). The will must be in writing, signed by the testator (or by someone else in the testator's name, in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each within a reasonable time after witnessing the signing or the testator's acknowledgment (Minn. Stat. 524.2-502); the section does not require a notary. Living trusts are governed by chapter 501C, which "may be cited as the Minnesota Trust Code" (501C.0101).

Two Minnesota rules deserve attention up front (other states' rules are collected in the wills and trusts laws by state overview). Since August 1, 2023, when the Uniform Electronic Wills Act took effect, the "presence" the will sections require can be live audio-video presence from within a state, and electronic wills are expressly recognized. And under section 501C.0602(a), a trust can be revoked or amended only if its terms expressly say it is revocable.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Minnesota statutes on making, signing, changing and revoking wills (Minn. Stat. chapter 524, article 2, part 5, with related sections) and on revocable living trusts (chapter 501C, the Minnesota Trust Code). It does not cover what happens when someone dies without a will or how probate works (see Minnesota probate), small-estate procedures (see the Minnesota small estate affidavit page), powers of attorney (see Minnesota power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Minnesota advance directive tool.

What makes a will valid in Minnesota?

Section 524.2-501 sets capacity: "Any person 18 or more years of age who is of sound mind may make a will." Section 524.2-502 sets the form:

"Except as provided in sections 524.2-506 and 524.2-513, a will must be: (1) in writing; (2) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction or signed by the testator's conservator pursuant to a court order under section 524.5-411; and (3) signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will as described in clause (2) or the testator's acknowledgment of that signature or acknowledgment of the will." (Minn. Stat. 524.2-502)

A few points follow from the text:

• Two witnesses. Each witness signs "within a reasonable time" after witnessing the signing or the testator's acknowledgment. Section 524.2-502 does not require the witnesses to sign in each other's presence, and it does not require a notary.
• What witnessing means. Under 524.1-201(63), "witnessing" for these sections means "observing or authenticating the testator's signing or acknowledgment of signing a will by individuals in the presence of the testator at the time of the testator's signing or acknowledgment of signing the will."
• Signing for the testator. Another individual may sign the testator's name in the testator's conscious presence and by the testator's direction, and a conservator may sign under a court order under section 524.5-411.

Who may witness

Under 524.2-505, "An individual generally competent to be a witness may act as a witness to a will," and "The signing of a will by an interested witness does not invalidate the will or any provision of it." A beneficiary who serves as a witness does not lose the gift under that section.

Wills signed in another state

Section 524.2-506 accepts a will that "complies with the law at the time of execution of the place where the testator executes the will, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national."

A separate list for personal items

Section 524.2-513 lets a will refer to a written statement or list disposing of items of tangible personal property not otherwise specifically disposed of by the will, "other than money and coin collections, and property used in trade or business." The writing must be referred to in the will, must be either in the testator's handwriting or signed by the testator, and must describe the items and the devisees with reasonable certainty. It may be prepared before or after the will and altered later; if different writings give the same item to different people, "the most recent writing controls."

Does a Minnesota will need to be notarized? The self-proved will

No notary appears in section 524.2-502. A notary, or another officer authorized to administer oaths, comes in through section 524.2-504, which makes a will self-proved:

• At signing. Under 524.2-504(a), a will "may be contemporaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made in the presence of an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal."
• Later. Under 524.2-504(b), "An attested will may be made self-proved at any time after its execution" by the same acknowledgment and affidavits, made in the presence of such an officer and evidenced by the officer's certificate under official seal, attached or annexed to the will.
• Signature on the affidavit. Under 524.2-504(c), "A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution."

The forms of the acknowledgment, affidavits and certificate are set out in section 524.2-504 itself; this page does not reproduce them. The 2023 Uniform Electronic Wills Act (2023 c 21 s 2) amended the section. How a will is admitted in probate is covered on the Minnesota probate page.

Are handwritten (holographic) wills valid in Minnesota?

Part 5 of article 2 of chapter 524 contains no holographic-will section. Section 524.2-502 requires two witnesses for every will except as provided in sections 524.2-506 and 524.2-513, so a handwritten will signed by the testator without witnesses does not meet the execution rule on its own terms.

Two other sections can still matter for such a document:

• Harmless error (524.2-503). A document not executed in compliance with 524.2-502 "is treated as if it had been executed in compliance with section 524.2-502 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute" the decedent's will, a revocation, an addition or alteration, or a revival. Under 524.2-503(b), "This section applies to documents and writings executed on or after March 13, 2020."
• A will valid where it was made (524.2-506). A handwritten will valid under the law of the place where it was signed, or of the testator's domicile, place of abode or nationality at signing or at death, is valid in Minnesota.

The separate list for tangible personal property under 524.2-513, described above, may be in the testator's handwriting; that rule covers only the items the section names, not the will itself.

Are oral (nuncupative) wills valid?

No. Section 524.2-502 requires a will to be "in writing," and part 5 of article 2 contains no oral-will section.

Electronic wills and remote witnessing

Minnesota adopted the Uniform Electronic Wills Act in 2023. The session law, 2023 c 21 (H.F. 244), describes itself as "adopting the Uniform Electronic Wills Act," and the governor signed it on March 30, 2023. It took effect August 1, 2023: the act states no other date, and under Minn. Stat. 645.02 an act "takes effect on August 1 next following its final enactment, unless a different date is specified in the act." It did not amend section 524.2-502 itself; it changed the definitions that section relies on, amended sections 524.2-504, 524.2-506 and 524.2-507, and added section 524.2-518.

Electronic wills. Section 524.1-201(62) provides that "Will" includes an electronic will. Under 524.1-201(17), an electronic will is a will or codicil that "(i) is created, signed, or maintained in an electronic, digital, magnetic, wireless, optical, electromagnetic, or other similar medium, (ii) is retrievable in perceivable form, and (iii) is capable of verification that the writing of the electronic will has not been altered after its signing." Under 524.1-201(51), signing for testators and witnesses includes "to affix to or to logically associate with a writing an electronic symbol, signature, mark, or process with the intent to execute, witness, or authenticate the writing."

Remote presence. The "conscious presence" that section 524.2-502 requires is defined in 524.1-201(43):

"'Presence' or 'conscious presence' for purposes of sections 524.2-501 to 524.2-517 means either: (i) an individual being in a physical location in relation to the testator that allows the individual to see and hear the testator; or (ii) an individual being in a state and communicating simultaneously with the testator by means of an electronic device or process by sight and sound to substantially the same extent as if the individual were in a physical location in relation to the testator that would allow an individual to see and hear the testator, allowing for reasonable accommodation for individuals with hearing, vision, or speech impairments as necessary." (Minn. Stat. 524.1-201(43))

Two conditions in that text matter: the remote individual must be "in a state," and the communication must be simultaneous "by sight and sound." The definition sets no separate identity-check, recording or deadline steps; the two-witness rule of 524.2-502 still applies.

Paper copies. Under 524.2-518, a person may create a certified paper copy of an electronic will "by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will." If the electronic will is self-proved, the copy "must include the self-proving affidavits," and a certified paper copy "may be substituted for an original will when an original will is required by this chapter."

Changing or revoking a Minnesota will

Methods of revocation

Under 524.2-507(a), a will or any part of it is revoked "(1) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (2) by performing a revocatory act, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction." A revocatory act "includes burning, tearing, canceling, obliterating, or destroying the will or any part of it," and a burning, tearing or canceling counts "whether or not the burn, tear, or cancellation touched any of the words on the will."

A later will that does not expressly revoke an earlier one revokes it by inconsistency if the testator intended it to replace rather than supplement the earlier will. Under 524.2-507(c) and (d), a later will that makes a complete disposition of the estate is presumed to replace the earlier one, and one that does not is presumed to supplement it; each presumption can be rebutted by clear and convincing evidence.

Reviving an earlier will

Section 524.2-509 governs revival. If a later will that wholly revoked an earlier will is itself revoked by a revocatory act, the earlier will "remains revoked unless it is revived," and it is revived "if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed." If the later will is revoked by another will, the earlier will is revived only "to the extent it appears from the terms of the later will that the testator intended the previous will to take effect."

Divorce and annulment

Wills and other governing instruments. Under 524.2-804, subdivision 1, the dissolution or annulment of a marriage revokes any revocable "(1) disposition, beneficiary designation, or appointment of property made in a governing instrument by an individual to the individual's former spouse or any members of the former spouse's family who are not also members of the individual's family"; any provision conferring a power of appointment on the former spouse; and any nomination of the former spouse, or of those family members, "to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, conservator, agent, or guardian."

The rule has stated exceptions. It applies "Except as provided by the express terms of a governing instrument, other than a trust instrument under section 501C.1207, executed prior to the dissolution or annulment of an individual's marriage, a court order, a contract relating to the division of the marital property made between individuals before or after their marriage, dissolution, or annulment, or a plan document governing a qualified or nonqualified retirement plan."

• Effect. Under subdivision 2, the instrument is given effect "as if the former spouse died immediately before the dissolution or annulment."
• Revival. Under subdivision 3, provisions revoked solely by the section "are revived by the individual's remarriage to the former spouse or by a nullification of the dissolution or annulment."
• What counts as a governing instrument. Section 524.1-201(27) defines the term to include a deed; will; trust; insurance or annuity policy; account with POD designation; security registered in beneficiary form; transfer on death deed; pension, profit-sharing, retirement or similar benefit plan; and an instrument creating or exercising a power of appointment or a power of attorney.
• Payors. Under subdivision 5, a payor or other third party that pays a designated beneficiary in good faith "before the payor or other third party received written notice of the dissolution, annulment, or remarriage" is not liable; the notice must be delivered to the payor's main office or home.
• The 2025 change. 2025 c 15, signed May 6, 2025, amended subdivision 1 effective August 1, 2025 (2025 c 15 s 30; the section states no other date, so Minn. Stat. 645.02 applies). The current text reaches members of the former spouse's family who are not also members of the individual's family.

Beneficiary designations and federal law. Because the section reaches a revocable "beneficiary designation" in an insurance policy or a retirement or benefit plan, federal law matters. For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that ERISA pre-empts a state statute revoking a spouse's beneficiary designation on divorce, to the extent the statute applies to those plans (see the wills and trusts hub for the federal layer).

Revocable trusts. A trust with a sole settlor has its own section. Under 501C.1207, subdivision 1, if after execution of a trust instrument "in which a sole settlor reserves a power to alter, amend, revoke, or terminate the provisions of the trust, the settlor's marriage is dissolved or annulled," the dissolution or annulment revokes any disposition, provision for beneficial enjoyment or appointment of property to the former spouse, any power of appointment conferred on the former spouse, and "any appointment of the former spouse as trustee, unless the trust instrument expressly provides otherwise." The property passes "as if the former spouse died on the date of the entry of the judgment and decree," and revoked provisions are revived "by the settlor's remarriage to the former spouse." A decree of separation that does not end the status of spouses is not a dissolution for this section.

No other change revokes. Under 524.2-804, subdivision 4, "No change of circumstances other than as described in this section and in section 524.2-803 effects a revocation." Section 524.2-803 is the homicide rule described below.

Marriage after the will, and new children

• Marriage. Under 524.2-301(a), if a testator married after making a will and the spouse survives, the spouse receives a share "equal in value to that which the surviving spouse would have received if the testator had died intestate," unless a prenuptial or postnuptial agreement provided for or waived it, the will or other written evidence shows an intention not to provide for the spouse, the spouse was named as a devisee or is the beneficiary of a trust referenced in the will, or the testator provided for the spouse outside the will in lieu of a testamentary provision.
• Children born or adopted after the will. Section 524.2-302 gives an omitted after-born or after-adopted child a share, measured differently depending on whether the testator had a child living when the will was made. The section does not apply if "it appears from the will that the omission was intentional," or if the testator provided for the child outside the will in lieu of a testamentary provision.

The intestate shares these sections refer to are explained on the Minnesota probate page.

Homicide

Under 524.2-803(a), "A surviving spouse, heir or devisee who feloniously and intentionally kills the decedent is not entitled to any benefits under the will or under this article," including an intestate share, an elective share and an omitted spouse's or child's share, "and the estate of decedent passes as if the killer had predeceased the decedent." The section also reaches joint tenancies, contractual arrangements and life insurance.

Limits on what a Minnesota will can do

Spouse's elective share. Under 524.2-202(a), the surviving spouse of a decedent who dies domiciled in Minnesota has a right of election to take a percentage of the augmented estate set by the length of the marriage. The schedule runs from the supplemental amount only for a marriage of less than one year, to "Three percent of the augmented estate" at one year but less than two, up to "50 percent of the augmented estate" at 15 years or more. Under 524.2-202(b), if the amounts the section lists come to less than $75,000, the spouse is entitled to a supplemental elective-share amount equal to $75,000 minus those amounts. Under 524.2-202(c), the spouse's homestead rights and allowances under 524.2-402 to 524.2-404 are "not charged against but are in addition to" the elective share; see the Minnesota homestead exemption page for homestead protections.

Omitted spouse and children. Sections 524.2-301 and 524.2-302, described above, protect a spouse married after the will and a child born or adopted after it.

No-contest clauses. Under 524.2-517, "A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings."

Lapsed gifts. Under the antilapse rule in 524.2-603, if a devisee who is a grandparent or a lineal descendant of a grandparent of the testator does not survive the testator, the devisee's issue who survive the testator by 120 hours take in the devisee's place. Words of survivorship, such as "if he or she survives me," are a sufficient indication of a contrary intent.

Revocable living trusts in Minnesota

The trust code

Chapter 501C "may be cited as the 'Minnesota Trust Code'" (501C.0101). Under 501C.1304(a), its sections "apply to all trusts created before, on, or after January 1, 2016," except as otherwise provided in the chapter, and its rules of construction and presumptions apply to trust instruments executed before that date "unless there is a clear indication of a contrary intent in the terms of the trust." Under 501C.0103(n), "revocable," as applied to a trust, "means revocable by the settlor without the consent of the trustee or a person holding an adverse interest."

Creating a trust

Section 501C.0402(a) provides that "A trust is created only if: (1) the settlor has capacity to transfer property free from trust, except that if a trust is a revocable trust, the settlor has capacity as required under section 501C.0601; (2) the settlor indicates an intention to create the trust; (3) the trust has a definite beneficiary" (or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose); "and (4) the trustee has duties to perform."

The creation section lists no witness or notary requirement. Section 501C.0407 addresses the form:

"The formal expression of intent to create a trust can be either written or oral subject to the requirements of sections 513.04 with respect to the conveyance of interest in land except up to a one-year lease and 524.2-502 with respect to a testamentary trust. The creation of an oral trust and its terms must be established by clear and convincing evidence." (Minn. Stat. 501C.0407)

So a trust created in a will (a testamentary trust) must meet the will execution rules in 524.2-502, and a trust involving an interest in land is subject to section 513.04.

Electronic trust documents. Since August 1, 2026, the Uniform Electronic Estate Planning Documents Act (Laws 2026, chapter 45, codified as Minn. Stat. chapter 533) covers a "nontestamentary estate planning document," defined to include a record that creates, modifies or revokes a trust instrument or a certification of a trust under section 501C.1013, and not a will or anything contained in a will. Under 533.13(a), such a document or a signature on it "may not be denied legal effect or enforceability solely because it is in electronic form," and under 533.13(c) an electronic signature satisfies a signature requirement, except as Minnesota Statutes expressly prohibit. Under 533.15, a required notarization, acknowledgment or oath is satisfied when the authorized officer attaches or logically associates the officer's electronic signature with the other required information. Under 533.16(b), where other law requires signing or witnessing in a person's presence, "the presence requirement is satisfied if the individuals are in each other's electronic presence." These sections do not apply to a document that "precludes use of an electronic record or electronic signature."

Capacity

Under 501C.0601, "The capacity required to create, amend, or revoke a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Revocable only if the terms say so

Section 501C.0602(a) states the default: "Unless the terms of a trust expressly provide that the trust is revocable, the settlor may not revoke or amend the trust." A trust instrument that is silent on revocation is therefore not revocable under that section.

For a revocable trust, section 501C.0602(c) sets the method. The settlor may revoke or amend "(1) by substantial compliance with a method provided in the terms of the trust; or (2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by: (i) if the trust is created pursuant to a writing, by another writing manifesting clear and convincing evidence of the settlor's intent to revoke or amend the trust; or (ii) if the trust is an oral trust, by any other method manifesting clear and convincing evidence of the settlor's intent."

Other rules in the same section:

• More than one settlor. Under 501C.0602(b), to the extent a trust consists of property other than community property, "each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution," and the trustee must promptly notify the other settlors of a revocation or amendment by fewer than all of them.
• Agents. Under 501C.0602(e), an agent under a power of attorney may exercise the settlor's revocation, amendment or distribution powers only to the extent the trust expressly authorizes it, or, if the trust is silent, under a power of attorney (other than a statutory short form power of attorney executed under section 523.23) that expressly authorizes those powers. The 2025 session law (2025 c 15 s 7) amended this section. Powers of attorney generally are covered on the Minnesota power of attorney laws page.
• Conservators. Under 501C.0602(f), a conservator may exercise those powers "only with the approval of the court supervising the conservatorship."

Under 501C.0603, a revocable trust may be amended by a written statement disposing of items of tangible personal property, on terms parallel to the will rule in 524.2-513: the writing must be referred to in the trust instrument, be in the settlor's handwriting or signed by the settlor, and describe the items and beneficiaries with reasonable certainty.

Creditors

Under 501C.0505(1), "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors." Under 501C.0505(3), after the settlor's death the property of a trust that was revocable at death is subject to the settlor's creditors, the costs of administering the estate, funeral expenses and statutory allowances to a surviving spouse and children "to the extent the settlor's probate estate is inadequate to satisfy those claims, costs, expenses, and allowances."

Certificate of trust

Under 501C.1013, the settlor or a trustee may execute a certificate of trust "that sets forth fewer than all of the provisions of a trust instrument." It must include the trust's name, the date of the trust instrument, the name and address of each trustee empowered to act, a statement of the trustees' powers, the number of trustees required to act, and whether the trust has terminated or been revoked. "The signature of the settlor or trustee must be under oath before a notary public or other official authorized to administer oaths." Since August 1, 2026, a certificate of trust may be electronic, and the oath may be completed with the officer's electronic signature (533.15). A certificate may be recorded for real property, is prima facie proof of the matters in it, and under subdivision 6 "A third party may rely upon a certificate of trust signed by any settlor or trustee."

After the settlor dies: the contest deadline

Section 501C.0605(a) sets the time limit:

"A person may commence a judicial proceeding to contest the validity of a trust that was revocable immediately prior to the settlor's death within the earlier of: (1) three years after the settlor's death; or (2) 120 days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the settlor's death, of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding." (Minn. Stat. 501C.0605(a))

The 120-day period runs only from a copy and notice the trustee actually sent to that person; otherwise the three-year period applies. Under 501C.0605(b), after the settlor's death the trustee may distribute the trust property under the trust's terms and is not liable for doing so unless the trustee knows of a pending contest, or a potential contestant notified the trustee of a possible contest and a proceeding "is commenced within 60 days after the contestant sent the notification." Under 501C.0605(c), a beneficiary of a trust later found invalid must return a distribution to the extent the invalidity applies to it.

While a trust is revocable, "the duties of the trustee are owed exclusively to, the settlor" (501C.0604). Section 501C.0813(a) requires a trustee to "keep the qualified beneficiaries of an irrevocable trust reasonably informed about the administration of the trust." Section 501C.0605 does not itself require the trustee to send the copy and notice that starts the 120-day period; when none is sent, the three-year period applies.

No-contest clauses in trusts

Chapter 501C has no section of its own on penalty or no-contest clauses. Section 524.2-517 speaks of "a provision in a will," and section 501C.0112 provides that the rules of construction that apply to wills "also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property." The statutes do not say expressly whether 524.2-517 reaches a trust's no-contest clause.

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Section 524.2-511(a) allows a will to "validly devise property to the trustee of a trust established or to be established" during the testator's lifetime or at death, "if, in either case, the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will," or in the will of another individual who predeceased the testator. "The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death."

Unless the will provides otherwise, the property becomes part of the trust and is administered under its terms, including amendments made before or after the testator's death (524.2-511(b)), and "a revocation or termination of the trust before the testator's death causes the devise to lapse" (524.2-511(c)).

Depositing a will with the court

Under 524.2-515, a testator or the testator's agent may deposit a will with any court for safekeeping. "The will must be sealed and kept confidential," and during the testator's lifetime it may be delivered only to the testator or to a person authorized in a writing signed by the testator. After the testator's death, under 524.2-516, a person who has custody of a will must, on request of an interested person, deliver it "with reasonable promptness to an appropriate court"; a person who willfully fails to deliver it is liable for damages, and one who willfully refuses after a court order "is subject to penalty for contempt of court."

Minnesota wills and trusts at a glance

Recent changes

• 2023 c 21 (Uniform Electronic Wills Act). Signed March 30, 2023 and effective August 1, 2023, it amended sections 524.1-201, 524.2-504, 524.2-506 and 524.2-507 and added 524.2-518, recognizing electronic wills and live audio-video presence.
• 2025 c 15. Signed May 6, 2025 and effective August 1, 2025 (for the sections listed here), it modified "various provisions of the Uniform Trust Code, Powers of Appointment, and the Uniform Probate Code," including sections 501C.0407, 501C.0602, 501C.0605, 501C.1013 and 524.2-804, subdivision 1.
• Harmless error. Section 524.2-503 was enacted in 2020 (2020 c 74, signed April 15, 2020) for documents and writings executed on or after March 13, 2020, "but before February 15, 2021." Laws 2021, First Special Session chapter 11, article 3, section 27 (signed June 30, 2021) struck the end date, effective retroactively from March 13, 2020, so the section now applies to documents and writings executed on or after March 13, 2020.
• 2026 c 45 (Uniform Electronic Estate Planning Documents Act). Signed April 14, 2026 and effective August 1, 2026 (Minn. Stat. 645.02), it created chapter 533, which applies to electronic trust instruments, trust amendments and revocations, and certificates of trust. It does not apply to wills.

The rules quoted above are the current text of each section.

Making a will in practice

The site's free Minnesota will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 524.2-502, including two witnesses, whether they are physically present or, since August 1, 2023, present by simultaneous audio-video from within a state under 524.1-201(43). Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Minnesota. The tool is not legal advice.

Members of the armed forces have one federal option as well: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub for the federal layer).

Related pages

• Wills and trusts laws by state
• Minnesota probate
• Minnesota small estate affidavit
• Minnesota power of attorney laws
• Minnesota homestead exemption

This article provides general legal information about Minnesota law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Minnesota or the probate court in your county.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Minnesota?

At least two. Under Minn. Stat. 524.2-502, each witness must sign within a reasonable time after witnessing the testator's signing or the testator's acknowledgment of the signature or of the will. An interested witness does not invalidate the will (524.2-505).

Does a will have to be notarized in Minnesota?

No. Section 524.2-502 does not require a notary. A notary or other officer authorized to administer oaths is used to make a will self-proved under section 524.2-504, either when it is signed or later.

Is a handwritten will valid in Minnesota?

Chapter 524 has no holographic-will section, and section 524.2-502 requires two witnesses. An unwitnessed handwritten document can be treated as a will only if clear and convincing evidence shows the decedent intended it (524.2-503, documents executed on or after March 13, 2020) or if it was valid where made under 524.2-506.

Can I sign a will electronically or with remote witnesses in Minnesota?

Yes. Since August 1, 2023 (the Uniform Electronic Wills Act), a will may be an electronic will (524.1-201(17), (62)), and presence includes an individual in a state communicating with the testator simultaneously by sight and sound (524.1-201(43)). The two-witness rule of 524.2-502 still applies.

Are oral wills valid in Minnesota?

No. Section 524.2-502 requires a will to be in writing.

Does divorce revoke a will in Minnesota?

Divorce or annulment revokes revocable gifts, powers and fiduciary nominations in a will for the former spouse, unless an exception in Minn. Stat. 524.2-804 applies; the will takes effect as if the former spouse died immediately before the divorce. Separate rules with their own conditions reach revocable trusts and beneficiary designations; see the divorce section above.

How do I revoke a will in Minnesota?

Under 524.2-507, by a later will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating or destroying it with intent to revoke. Another person may perform the act only in the testator's conscious presence and by the testator's direction.

Is a living trust revocable in Minnesota?

Only if its terms say so. Under Minn. Stat. 501C.0602(a), unless the terms of a trust expressly provide that it is revocable, the settlor may not revoke or amend it.

How long do you have to contest a revocable trust in Minnesota?

Under 501C.0605, within the earlier of three years after the settlor's death or 120 days after the trustee sent the person a copy of the trust instrument and the notice the section describes.

Can a spouse be left out of a will in Minnesota?

A surviving spouse of a decedent domiciled in Minnesota may elect a percentage of the augmented estate set by the length of the marriage, from 3 percent at one year up to 50 percent at 15 years or more (524.2-202(a)). If the amounts listed in 524.2-202(b) total less than $75,000, the spouse is also entitled to a supplemental amount making up the difference.